Accidents on Planes
A great many people every year are injured on planes carrying them to or from their holiday destinations. Special rules apply to these situations.
The good news is that under the Montreal Convention 1999, air carriers are “strictly liable” to pay damages for accidents to passengers during flights or while embarking or disembarking. This means, generally speaking, that the airline cannot reject the claim on the grounds that it was not their fault, or that they took all reasonable care. However, this only applies if your claim is for less than a certain amount of money fixed from time to time by the International Monetary Fund (IMF), and which is currently about £85,000. Where damages of more than this are claimed, the airline may defend itself by proving that the accident was not its fault.
The Convention also generally makes the airline liable for loss of or damage to your luggage, so long as the loss or damage took place on the plane or while it was in the airline’s care.
The bad news is that the wording of the Convention has to be strictly applied, and there has been a lot of debate about what an “accident” is, or when exactly “embarkation” starts, or when “disembarkation” ends. For example, if you are collecting your bags from the carousel, are you still disembarking?
Also, claims against airlines have to be made within two years of the accident, so this is another point to watch out for.
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If we take your case on, we will first try to settle it out of court, and the vast majority of claims settle that way. If that does not prove possible and court is the only way forward, many victims of accidents give up due to a fear that they will be found liable to pay the other side’s heavy legal costs if they lose. Their solicitor may have been happy to do the case on a “no win no fee” basis, so at least they’re not getting a bill from him, but that is not much comfort when they get handed a bill for tens of thousands of pounds from their victorious opponents!
We have the solution to this problem. We can offer you ATE (After The Event) insurance, an ideal arrangement for the vast majority of litigants who have limited funds but nevertheless are left with no alternative but to seek justice in the courts.
If you have our ATE arrangement, we will not only handle the case on a no win no fee basis, but will also take out an insurance policy for you which pays your legal costs should the subsequent court case not be successful. In our scheme the premium will only be around £200 - £300. You don’t have to pay it until the end of the case, and only then if you have been successful, which of course means there is no loss to you at all if the case is unsuccessful. Outlays incurred during the case are also refunded if the result is unfavourable, so effectively you can pursue a court action in a completely safe place.The only requirement is that the case must have at least a 51% chance of success. We will assess this for you completely free of charge.
Make A Free Accident Enquiry
Simply call us for a free assessment immediately on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.
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