The careful handling of personal injury claims remains a complex and evolving area of law. These claims can be costly and complex, as legislation and handling differ per country. As your claims-handling partner, CED Cross Border Claims is always happy to share knowledge on this subject. So, as a tradition, CED CBC recently organised a new webinar on this subject, focusing on Italy and the United Kingdom. Nearly 150 participants from across Europe attended the full session, including potential new partners. The moderator was Ian Bearpark, International Business Development Director at CED. Speakers included Andrea Stabile (photo left), partner at Studio Legale Stabile in Rome, and Paul McClorry (photo right), Director of Personal Injury at Hudgell Solicitors in the UK.
Italy: new uniform compensation for injury and fatal accidents
Italian law stipulates that anyone who causes damage through intent or negligence must provide compensation. The Civil Code distinguishes between material damage (repair costs, medical expenses, and loss of income) and non-material damage (pain, suffering, and permanent limitations). Since this year, there have been countrywide acknowledged tables to calculate compensation. They encompass higher amounts for severe injuries and additional awards for moral damage. Courts may also apply ‘personalisation’, increasing compensation by up to 30% in cases of exceptional impact on a person’s life.
In fatal accident cases, Italian courts, including those in Milan and Rome, use comprehensive point systems to determine bereavement damages. Factors such as the relationship with the deceased, age, living arrangements, and the intensity of the bond influence the final amount. For very close relationships, compensation can reach €391,000. While EU rules generally apply the law of the country where the accident occurred, Andrea Stabile warns that Italian courts can and may decide to apply Italian standards due to the large compensation difference with other countries.
Italian courts can and may decide to apply Italian standards
Cost awareness remains crucial, as claims in England are expensive
United Kingdom: cross-border claims after Brexit
The legal landscape in the UK has undergone significant changes since Brexit. Previously, EU regulations made it easier to sue foreign insurers directly in the UK. Now, English common law applies, meaning claimants must seek permission when they want to serve proceedings in the UK that are from outside the jurisdiction. Courts assess three key conditions: a strong link to the UK, a genuine issue to be tried, and whether England and Wales are the most appropriate forum. This assessment considers factors such as residence, witness availability, language barriers, and enforceability of judgments.
Practical examples highlight the importance of early cooperation between UK and foreign parties. A road traffic accident in Portugal in 2023 involving seven British victims demonstrated how swift collaboration between Portuguese insurers and English lawyers enabled rapid rehabilitation and advance payments. Cost awareness remains crucial, as claims in England are expensive. Paul McClorry emphasised that thorough preparation and international proactive teamwork can make the difference between a lengthy process and an efficient resolution.
