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Sarah Crowther successful in French law RTA case

Sarah Crowther has recently successfully acted in a multi-vehicle road accident case in which a man died and another has been injured after an uninsured driver crashed into them in Thais, France. The men were waiting at the side of the road for a wheel on their car to be changed by a local recovery truck driver when the accident took place.

The claim has been made by the wife of the man who died in the accident and a judgment was handed down on Friday, 27 November 2015.

Dingemans J found that, according to the connecting factors of the accident under article 4(3) of the Rome II Regulation, the correct law for that claim was French law. Applying principles of French law he then found that liability was established against the insurer of the victims’ car and recovery truck and in favour of the widow of the deceased. However, those vehicles were not liable under French law to the injured pedestrian who was thrown clear of the initial impact. The case also makes important findings about the role of MIB as compensation body in favour of UK resident victims of European accidents where other insurers may be liable.

Outer Temple Chambers specialises in accidents abroad claims, including issues of choice of law and claims involving the MIB for road accidents abroad.

News 4 Dec, 2015


Sarah Crowther KC

Call: 1999 Silk: 2018

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