A landmark ruling, opens the way for holidaymakers injured when abroad to claim 'UK level' damages It involved a man who was seriously injured when he was hit by an out-of-control car whilst on holiday in Spain.
The man and his partner were in a car park, standing by their hire car, when they realised another car was heading straight for them. t It hit several other cars before careering towards them. This gave him time to push his partner to safety, but he himself was unable to avoid the car and was knocked down, suffering multiple injuries.
After receiving treatment in Spain, he returned home to Bristol, where he underwent numerous further operations and months of rehabilitation. During this time, his construction company went out of business.
A claim was made to the Motor Insurers’ Bureau (MIB), an organisation set up for the purpose of compensating the victims of negligent uninsured and untraced motorists. The MIB agreed to pay compensation, but only in the sum payable in the country in which the accident happened. The High Court supported this decision.
The Court of Appeal has now overturned that decision and awarded 'UK level' damages.
If you have had your holiday ruined by an injury or illness that you believe was caused by someone else’s negligence, contact us for advice.