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OTC Travel Talks: Motor Liability Claims in France, Spain & the Netherlands Part 2

Watch Ian Denham, Ana Romero Porro, Thomas Ricard and Gerben Janson in the second part of their discussion on motor liability claims in France, Spain & the Netherlands in ‘OTC Travel Talks’.

Outer Temple’s Ian Denham continues his discussion with Ana Romero Porro of Cremades & Calvo Sotelo (Spain), Thomas Ricard of JP Karsenty & Associés (France) and Gerben Janson of Leidse Letselschade Advocaten (the Netherlands) to discuss limitation rules in their respective jurisdictions on the subject of road traffic accident (RTA) claims. This episode focuses on accidents involving cyclists and uninsured drivers.

In their earlier discussion the four personal injury specialists discussed the specific liability regimes that apply in each jurisdiction, including the burden of proof in motor liability claims and specific regimes in respect of ‘vulnerable road users’, such as pedestrians and cyclists, including:

  • The non-fault system under French law under Loi Badinter.
  • The different systems of liability under Spanish Civil Code, including presumptions of liability in certain cases.
  • The reverse burden of proof in respect of vulnerable road users in the Netherlands.

Watch Part 1 here.

Part 2 – Motor Liability Claims

Following on from their earlier discussion, Ian, Ana, Thomas and Gerben discuss in more detail:

  • The concept of ‘vulnerable road users’
  • Assumptions of fault or reversed burden of proof in favour of the vulnerable road users
  • Principles of contributory negligence, including
    • specific classes of person excluded from findings of contributory fault, including the very young and old;
    • fixed and maximum discounts for contributory negligence;
    • failure to wear a seat belt or cycle helmet;
    • a failure to seek medical assistance; and
    • the concept of ‘inexcusable fault’ under French law
  • Motor accidents involving uninsured or untraced vehicles
  • Practical tips from Thomas, Anna and Gerben on gathering evidence and records in their respective countries.
  • And finally, Thomas’ ‘top tip’ to always drive on the correct side of the road!

Watch the Video

This was the eighth in a new series of talks that Outer Temple’s cross border and travel law team have created on matters of interest in cross border personal injury work. Ian will be discussing experts reports in the next two episodes.

These vlogs will be included in the next edition of our new travel law e-newsletter.

Subscribe to the Travel Law E-Newsletter here.

Find Out More

Ian Denham is a personal injury practitioner with a particular expertise in matters involving serious and catastrophic injuries, wrongful deaths, clinical negligence and cross-border personal injury claims. His cross-border practice covers advising on jurisdiction, applicable law, direct rights of action against insurers, claims against the MIB, accidents in the air and on sea, and claims involving a cross-border employment aspect. Ian has also advised on the potential implications arising from Brexit.

To find out more about Ian or any of our International Injury & Travel Law barristers, contact Paul Barton +44 (0) 7427 4907 for a confidential discussion.

Webinars & Recordings 13 Oct, 2020


Ian Denham

Call: 2003

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