In the first case of its kind, an Irish court has settled an overseas accident compensation claim made by a Dublin resident who was injured in a road traffic accident in France.
Peter Kelly (75) of Ranelagh, Dublin, sustained a hip injury when he was knocked over by a council maintenance van while crossing the Traverse de la Tour in Cannes in June 2009. Although Peter did not require immediate surgery for his injury, the condition of his hip deteriorated and he had to undergo a total hip replacement operation in 2011.
After taking legal advice, Peter made an overseas accident compensation claim against French- domiciled insurer Groupama. Groupama accepted liability for his injuries but argued that French law should be applied in assessing how much compensation Peter should receive as compensation levels in France are considerably lower than they are in Ireland.
Mr Justice Iarfhlaith O´Neill at the High Court accepted this argument and noted that a “Book of Quantum” exists in France – as in Ireland – to ensure that awards of compensation remain consistent throughout France. However, the judge added that although any figures quoted in the Book of Quantum should be used as a guide, it did not fetter a judge in determining how much should be awarded in an overseas accident compensation claim.
Furthermore the judge pointed out, as Peter had been a very active person prior to his accident, his “loss of amenity” was considerable as he could no longer play tennis or cycle and was restricted in the normal day-to-day activities he could do without assistance. Therefore, in assessing how much compensation for an overseas accident Peter was entitled to, Mr Justice Iarfhlaith O´Neill applied the methodology under which a French court would make its award but increased the value of the overseas accident compensation claim to Irish levels.
Awarding Peter 63,900 Euros for his pain and suffering at the time of the overseas accident and subsequent loss of amenity, the judge noted that using the French Book of Quantum exclusively, the level of the award would have been 38,506 Euros. As the two parties had already agreed special damages of 24,267 Euros, the full amount of the settlement for Peter´s overseas accident compensation claim amounted to 88,167 Euros.