Claim for Car Accident in Croatia

Isidoro Orea Bonilla

Background to the accident

Isidoro Bonilla recently advised his client who sustained serious injuries in a car accident.

His client, who was a minor at the time of the accident was travelling as a passenger in a car driven by his father in Croatia. His mother and two siblings were also passengers in the same car.

The family were travelling from London to Albania to visit family members.

Tragically, his father lost control of the car and crashed. His father and siblings sadly were killed on impact at the scene of the accident. Our client and his mother were seriously injured. His mother sustained a life-changing traumatic brain injury which required her to have 24-hour care. Both our client and his mother suffered from severe psychological injuries as a result of the crash.

Claim made in the UK

In this case, our client brought a fatal accident claim for compensation against his father’s insurance company. Even though the crash occurred abroad, because our client and his father were domiciled or residents of England and Wales, Isidoro was able to bring a claim using Article 4(2) of the Rome II regulation. This states that where the person who caused the injury and the person who is injured are both habitual residents of the same country at the time of the injury, the law of that country will apply. In this case it means that English Law applied.

In this case, the insurance company made a low offer to try and settle the claim. Isidoro had obtained an expert medical report with recommendations on rehabilitation. The insurance company also disregarded this. Following further negotiations, Isidoro was able to obtain a six-figure compensation sum from the insurance company. This provided long-term security and care for his client.

Isidoro comments:

“This was one of the saddest cases I have had to deal with in my career so far. In a matter of seconds, life completely changed for my client, who not only had to the deal with his own severe injuries, but the grief of losing three close family members. No amount of compensation can ever represent the loss that my client has suffered, however, I was determined to ensure he received an appropriate sum that means he does not need to worry about financing future medical treatment.”

Despite Brexit and its jurisdictional pitfalls, claims arising out of accidents abroad need to be considered on a one-to-one basis. Isidoro Bonilla is an expert in private International law, especially in claims involving foreign jurisdictions and foreign elements. Isidoro will be able to advise on whether you can make a claim for an accident abroad.

Have you been involved in a car accident abroad?

If you or a loved one has been involved in an accident abroad, our experienced team can help. Contact Isidoro Bonilla today for expert advice on pursuing a compensation claim.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811