posted on 15 03,2018 / 2:11 pm
Accident abroad jurisdiction means which country or state a case will occur in. In other words, when an accident has taken place whilst you were on holiday abroad, the question arises as to which countries courts the case will appear in. The Brussels I recast is the main force of influence in this regard and it sets out several guidelines to answer such questions of the law. It is made up of a set of documents which regulates the jurisdiction between EU states. It states, “Persons domiciled in that member state shall whatever their nationality, be sued in the courts of the member state.” We can assume from this, that if you lay a holiday injury claim against someone in another EU State, the court proceedings need to be held within the courts of that individuals’ legal home state. This is only applicable when it comes to EU countries. If the individual you are claiming against is a legal citizen outside of an EU state, as a general rule, Common Law will apply. Common Law means that the courts will make a decision about jurisdiction based on similar and previous cases.
The UK will officially enact Brexit on 11 pm, the 29th of March 2019. The exit itself will only occur over the space of about two years. The UK has voted for this occurrence despite protests to halt it. It is not clear what effect this will have on someone making a holiday injury claim. Although, there are jurisdiction laws, regulations as well as the EHIC card stemming from the EU. These all play a significant role in protecting UK citizens whilst traveling to member countries and in turn making a holiday injury claim.
Now that you have a general understanding of accident abroad jurisdiction you may be wondering how to file a claim. Filing a holiday injury claim seems to follow the usual injury claims process. To file a claim, you will need to gather a lot of evidence and details. You should also see a medical professional as soon as possible and keep the relevant documents. Details include the time, date and the individuals involved such as the third party as well as any surrounding witnesses. You should also keep any relevant evidence. This includes photographs as well as notes and documents with relevant expenses. This, as well as any insurance policies you may have. After this, your solicitor will probably send a letter of claim. There will be a settlement following this. Otherwise, you will have to go to court.
Of course, this is a general overview of how to file a claim. There may be different details and actions you should take depending on the type of claim. For example, if it was a road accident or if you got sick on holiday. To find out more holiday injury claims read, Holiday Accident Claims: Frequently Asked Questions.