Ski Accident Claim

ardinn

Has anyone any knowledge of Ski accident claims abroad - A friend of mine had a serious accident which left her pretty much disabled for over a year.

Between wages paid, and VHI claims, the cost is running at around €100k

The resort has not accepted Liability, and my friend is trying to take a case against the resort. But the solicitor in italy is saying any claim made would be less than the costs which would have to be repaid - VHI, Wages, Fees etc.

I can supply more info if needed - just looking for opinion.

jonon9

Was it an accident on their behalf or your friend. We need more info on the accident what happened exactly. My first impressions is she fell while out for a ski, maybe it was that she wasn't very skilled.

whippet

By the sounds of it the legal representative in Italy does not hold out much hope for any real success in the event of a court action.

You won't get legal advice here and it seems the legal advise that has previously been sought has advised against action.

The resort is denying liability your friend would have to prove negligence ... Can they do this? Even if there was some liability on behalf of the resort there could well be some degree of contributory negligence on your friends part which would make taking action pointless.

Speak to a local solicitor and see what they think

Kimbot

Did your friend have insurance?

ardinn

Hi

She was on her first lesson with a tutor - she simply started moving on the ski's without wanting to, off a cliff - breaking her pelvis, and being airlifted to switzerland.

The part of the face she fell off did not have barriers, but they were erected the following day. An Irish guard was on the trip and has a very detailed report of the incident.

She did have insurance, which if she claims, will have to be repaid.

coylemj

ardinn wrote: »

She was on her first lesson with a tutor - she simply started moving on the ski's without wanting to, off a cliff - breaking her pelvis, and being airlifted to switzerland.

She started her ski training beside the edge of a cliff where there was no protective barriers, she took off downhill, fell over the cliff and broke her pelvis?

Sounds highly improbable.

ardinn wrote: »

She did have insurance, which if she claims, will have to be repaid.

You said 'if she claims'... are you telling us that she has not yet claimed from her travel insurance?

ardinn

coylemj wrote: »

She started her ski training beside the edge of a cliff where there was no protective barriers, she took off downhill, fell over the cliff and broke her pelvis?

Sounds highly improbable.

Well im not making it up



[QUOTE=coylemjYou said 'if she claims'... are you telling us that she has not yet claimed from her travel insurance?[/QUOTE]

She has - if she takes the resort to court it will have to be repaid!

Are your posts always snotty??

Peregrinus

The cause of action arose in Italy, and any claim will be tried under Italian law and in the Italian courts. The depth of wisdom on boards.ie. is almost boundless, but not quite, and Italian law is probably one of our weak points.

The OP's friend already has an Italian lawyer who has advised her on her prospects of claiming against the resort. She would be mad to rely not on that advice but on the opinions that might be offered here. If she doesn't have confidence in her Italian lawyer, then she needs to to find another Italian lawyer.

Pat Mustard

ardinn wrote: »

Are your posts always snotty??

Mod:

There is no need to take potshots at other posters.

mdebets

ardinn wrote: »

She did have insurance, which if she claims, will have to be repaid.

Wouldn't the insurance sue automatically (or make the OP's friend sue) if they thought someone else than the OP's friend would be responsible (and therefore someone else than the insurance needs to pay)?

Zambia

ardinn wrote: »

Has anyone any knowledge of Ski accident claims abroad - A friend of mine had a serious accident which left her pretty much disabled for over a year.

Between wages paid, and VHI claims, the cost is running at around €100k

The resort has not accepted Liability, and my friend is trying to take a case against the resort. But the solicitor in italy is saying any claim made would be less than the costs which would have to be repaid - VHI, Wages, Fees etc.

I can supply more info if needed - just looking for opinion.

Isn't this why one takes out travel insurance? Claim of the travel insurance.

Peregrinus

Zambia wrote: »

Isn't this why one takes out travel insurance? Claim of the travel insurance.

Travel insurance will pay medical bills, loss of wages and other quantifiable costs, but not compensation for pain and suffering, loss of amenity, loss of opportunty, etc, all of which you can recover (in Ireland, at any rate) in a negligence action. So typically insurance will provide less than you would hope to recover in a successful negligence action.