British holidaymaker's compensation will be assessed under Greek law

 
CARDIFF, Wales - Aug. 8, 2016 - PRLog -- Holiday maker, Tiffany Moreno from Barry in Wales, sustained life changing injuries in May 2011 when she was hit by a car whilst walking on a verge in Zakynthos, Greece.

The driver, Kristina Beqiri did not have a valid driving licence and it is reported that she has admitted responsibility for the accident. Tiffany Moreno was hit by the vehicle from behind and her right leg is now amputated.

The Supreme Court has ruled that the compensation is to be assessed under Greek law.

Mark Gayler, Associate Solicitor at NewLaw said, "Despite the recent decision to leave The European Community, the effects of their laws are likely to be felt for some time to come.

'Claims in England and Wales are based on the idea that, as far as money can do, you should be put back into the position you would have been in, but for the accident.

'Clearly, Ms Moreno can never be in that position, having suffered an amputation. However, a Court in England and Wales will look at what can be provided to try and get the person back into the same job, doing the same hobbies and activities as they did prior to the accident and the responsible Defendant will have to pay for that, regardless of the cost."

It is reported, that the Motor Insurers' Bureau (MIB) which helps UK residents with their claims of compensation, is handling Ms Moreno's claim on behalf of its Greek counterpart.

The MIB has admitted liability but have said that entitlement to damages is to be measured in reference to the law of the state where the accident had occurred.

Mark Gayler, serious injury solicitor continued, "The situation is not the same in other European Countries, including Greece, which is based more on Roman law as influenced by French and German Law. The Greek system is more tariff based, where you may not recover for pain, suffering and loss of amenity or full earnings loss. A claim for care may not be allowed at all or in full. The full cost of private prosthetics may not be recoverable. The effect of this is that in most European Countries, the amount recovered for damages, with a few exceptions such as fatal accidents in Spain and France, is less than in England and Wales.

'European laws state that the Damages are to be calculated according to the laws of the place where the accident occurred unless there are exceptions. It appears that unfortunately Ms Moreno is unable to use one of those exceptions and as a result, will recover less compensation for the personal injuries than if she had suffered the accident in the UK.

This seems unfair, and perhaps when the UK leaves the EU, the situation will change, but it will not unfortunately result in any additional fair compensation for Ms Moreno's Amputation and the pain, suffering and additional expense she will now have to incur."

If you need further advice on NewLaw solciitors personal injury claims click http://www.new-law.co.uk/Personal-Injury-Claims-Solicitor...

Contact
Kiki Farr
NewLaw Solicitors
kiki.farr@new-law.co.uk
07970 215187
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