Current Issues in Cross-Border Claims

Luka Krsljanin, Barrister at 2 Temple Gardens, discusses current issues in cross-border traffic accidents on the background of the Brussels Ia and Rome II Regulations.

Luka Krsljanin

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Question 1 of 3

Question 1: What do you understand by the "Odenbreit" jurisdiction?

The claimant may bring a direct action against the insurer in the claimant's domicile only if the insurer is domiciled there, too.

The claimant may bring a direct action against the insurer in the claimant's domicile if the insurer is domiciled in any Member State of the EU.

The claimant has to sue the insurer in its place of domicile.

Question 2 of 3

Question 2: What are the limiting rules in the UK to the direct right of action?

The Regulations only apply to accidents that occurred in the UK.

The Regulations only apply to vehicles "normally based" in the UK.

The Regulations restrict the insurers’ third party liability to the policyholder’s contractual entitlement.

All answers are correct.

Question 3 of 3

Question 3: What constitutes a damage for the purposes of the Rome II Regulation?

Only the place of direct damage matters: in the case of a traffic accident, the place of direct damage is the place where the collision occurs.

The place or places where indirect damage was sustained is relevant for determining the applicable law.

The damage can also be suffered in the home country of the claimant.