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Can I claim against french driver?

I was on a riding holiday with friends in France in September 2019 when I was involved in an accident. I was riding at the rear of the group. A car was waiting to come out onto the road to my right. My friends all went past but he obviously didn’t see me and pulled out in front of me. I had no time to avoid the crash and went flying over his bonnet landing on the road. I spent 4 weeks in hospital in France and have been concentrating on my recovery since. Can I claim against the French driver?

Luke James, by e-mail

 

Answer

Yes, you will be able to claim compensation. You will need advice on the correct jurisdiction for claiming compensation (be it France or in the UK) which will be fact specific and too detailed to be dealt with here. Different countries on the continent have different rules and different time periods in which to bring a claim. E.G. in England and Wales it is 3 years from the date of the accident, but in France it is 10 years from the date when recovery from the injuries have plateaued. Compensation in France is fairly generous, compared to for example Switzerland where you need a devastating injury to receive compensation for injuries. It is likely your solicitor will instruct an agent law firm in France to assist with valuing the claim. These are complicated cases so make sure you instruct an expert.

 

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