If you were injured overseas

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TC

If you were injured overseas

#1 Post by TC » Wed Jan 05, 2011 4:08 pm

Until recently, if you were involved in a bike crash or injured whilst overseas, then you had to make a claim in the country where the crash occured, whose rules are often very different to ours, not least of which is the statute of limitation. For example here in the UK, you have 3 years from date of injury or date of knowledge to make a personal injury claim, whereas in Switzerland it is 12 months.

This has meant that people in the UK who were injured through no fault of their own often have had to find a solicitor in the country where the injury occured, hope they speak English and then pay up a big chunk of money up front as very few have the equivelant of a no win no fee scheme.

Well, that to a large degree has now changed.

If you were injured through someone elses negligence or carelesness, and providing the continuing loss occurs in the UK, then the case can be transferred to UK jursidiction.

So for example, if your injuries mean you cannot work, that is regarded as a continuing loss, and a UK solicitor can take over conduct of the case and deal with it in the same way as if it had occured in the UK in the first place.

It is a problem I have come across on a number of occasions, and because of the issues involved of appointing overseas solicitors, many people don't bother, but although there are a number of hoops that have to be jumped through to get the case transferred the now at least should put peoples minds more at ease.

Just thought you might be interested.

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Falco9
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#2 Post by Falco9 » Wed Jan 05, 2011 4:17 pm

I have two European jaunts booked for this year so that is comforting information should the worst occur :smt003

As always TC good info

F9 :smt006
I've spent 50% of my life riding motorcycles, the rest I've wasted!

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Aladinsaneuk
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#3 Post by Aladinsaneuk » Wed Jan 05, 2011 4:18 pm

very useful info - thanks


Let's face it, you wouldn't go to a nurse to get good advice on a problem with a Falco - you'd choose an Engineer or a mechanic...


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BikerGran
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#4 Post by BikerGran » Wed Jan 05, 2011 8:02 pm

Thanks for that TC - will pass it on to a friend who may find it useful.
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