Car accident news
30/09/2011

Widow continues six year battle for compensation

The widow of a British Army officer who suffered fatal personal injuries after being knocked off his bike in a car accident has been fighting a six-year battle for road traffic accident compensation.

The Norfolk born officer was stationed in Germany when the road traffic accident took place in 2004. He had been cycling near to his barracks when a car mounted the verge he was riding along and crashed into him.

The man, who had only been married for 11 months and was due to be sent to Iraq, suffered fatal injuries as a result of the accident.

Six years later, his wife, who resides in Gloucestershire, is still battling for road traffic compensation due to a dispute over which country's laws should be applied.

Personal injury lawyers for the 33-year-old widow, who has since remarried and has a child, have stated that by English law she is entitled to more than £1 million compensation from insurers of the German driver. However, despite admitting liability, the German insurers argue that German law should be applied.

Unlike English law, in Germany a lengthy investigation into the widow's employment prospects, benefits received and the chances of her re-marrying would be required. Whereas the English system would assume her dependency on her husband was fixed at the time of the death.

A settlement for road traffic accident compensation has still not been agreed.


 

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