In the first case of its kind in Ireland, a claim for overseas accident compensation was determined in an Irish court using judicial discretion rather than standard European compensation procedure.
The claim for overseas accident compensation was made by Peter Kelly (75) of Ranelagh, Dublin, who in June 2009 sustained a hip injury when struck by a local council van while crossing the Traverse de la Tour in Cannes. Although not initially serious enough to warrant surgery, the condition of Peter´s hip deteriorated until he was forced to undergo a hip replacement operation in 2011.
After seeking professional legal advice from an Irish solicitor, Peter made a claim for overseas car accident compensation against the public liability insurers of the Cannes municipality – Groupama. Groupama accepted liability for Peter´s injuries, but argued that how much compensation for overseas accident he was entitled to should be determined by the French Book of Quantum, which allocates significantly lower values to injuries than the Irish equivalent.
At the High Court in Dublin, Mr Justice Iarfhlaith O´Neill ruled that the Book of Quantum exists in France to ensure that awards of personal injury compensation within France remained constant, and although he was prepared to use it as a guide, he was not going to allow any figures quoted in the French Book of Quantum to restrain him from awarding a fair and adequate settlement of overseas accident compensation.
The judge added that the claimant had been an active person prior to his injury and hip replacement, and his loss of amenity had been significant due to the van driver´s negligence. However, in assessing the value of Peter´s overseas accident compensation, Mr Justice Iarfhlaith O´Neill stated that he was prepared to use French methodology to calculate the award of compensation, but adjust it to reflect Irish values.
Awarding Peter 63,900 Euros for the pain he experienced at the time of his initial injury and suffering due to the hip replacement operation, Mr Justice Iarfhlaith O´Neill explained to the court that exclusively using the French Book of Quantum, the claim for overseas accident compensation would have been settled for 38,506 Euros. The judge also advised the court that special damages for overseas accident compensation of 24,267 Euros had already been agreed between the two parties and the total award would now amount to 88,167 Euros.