Eurotunnel Personal Injury Claims Guide
This guide is about making a personal injury claim for a Eurotunnel accident. Eurotunnel Le Shuttle services allow passengers to cross between England and France in around 35 minutes. They offer unique passenger shuttles which can accommodate all sorts of vehicles. As a provider of passenger services, Eurotunnel has a duty of care to ensure their customer’s safety. If you’re injured in an accident which can be proven to have been caused by the negligence of Eurotunnel staff, you could be eligible to claim compensation. Therefore, we’ll look at Channel Tunnel legislation, the types of accident that could happen and how much compensation might be payable.
Here at Legal Expert, we believe anybody who suffers because of somebody else’s negligence has a right to claim compensation. We also believe you should be able to do so without worrying about the costs involved. That’s why our advisors provide free legal advice about claiming. They’ll also assess your claim, and any evidence you have, on a no-obligation basis. Furthermore, if your case is strong enough, our solicitors could represent you on a No Win No Fee basis.
If you think you’re already in a position to discuss your claim, please call us on 0800 073 8804 today. Otherwise, please continue reading to find out when you could claim for an accident in the Channel Tunnel.
Select A Section
- What Is An Accident On An International Train?
- What Is The Channel Tunnel Act 1987?
- Reporting Of Injuries, Damages And Losses
- Liability And Exclusions Of Liability
- Jurisdictions And Laws Governing The Operation Of International Trains
- Slips, Trips And Falls On International Trains
- International Train Accident Compensation Claims Calculator
- No Win No Fee Personal Injury Claims For A Eurotunnel Accident
- Why Choose Us
- Start Your International Train Accident Claim
- Supporting Information
What Is An Accident On An International Train?
When making a personal injury claim for a Eurotunnel accident, there needs to be evidence that the accident was caused by the negligence of the train operator. This means that if you had an accident because you were messing around or not following safety instructions, then you probably wouldn’t be able to claim compensation.
Any train operator will have conducted risk assessments of their facilities. They’ll have likely taken steps to reduce any dangers they’ve spotted. At the same time, health and safety procedures will have been written and staff trained on them.
Even after all of this work has been done though, an accident could still happen. If that accident can be shown to have been caused by any of the following, you could be entitled to make a claim:
- Insufficient staff training. This could be the case where an accident is caused by a new member of staff who hasn’t been adequately trained.
- Damaged fixtures or fittings. If you’re injured within a carriage because of damage to any part of it, you could be entitled to claim for your suffering.
- Lack of safety training. You could also claim if an accident occurs because you weren’t provided with adequate safety information.
Eurotunnel shuttles are unique and operate in a different way to other trains. The fact that you remain with your vehicle in the shuttle is one unique feature. Even though that’s the case, if an accident occurs because of any form of negligence by the train’s operator, you could consider making a claim against them for any injuries you sustain. If you choose Legal Expert to help you claim, we’ll guide you through the whole process.
What Is The Channel Tunnel Act 1987?
The Channel Tunnel Act 1987 is legislation passed by the UK parliament that governs the use of the tunnel. It provides legal grounds for several Eurotunnel safety processes. These include:
- Prohibited activities – these include the banning of drinking alcohol while in the tunnel.
- Restricted areas – you are not permitted to leave the shuttle you’re in unless advised to by Eurotunnel staff or the emergency services.
- Vehicle safety – this section provides rules on how vehicles should be operated safely within the tunnel.
- Fire and safety precautions – this section of the legislation is designed to prevent a Channel Tunnel fire from occurring.
Reporting Of Injuries, Damages And Losses
When you purchase your Eurotunnel ticket, you are agreeing to the conditions of carriage. According to these conditions, if you’re considering any form of claim, you should:
- Report any injury, damage or loss to Eurotunnel staff immediately. If you’re unable to do so, it needs to be done, in writing, within 3 business days.
- Any claim that hasn’t been reported within the time scales won’t be considered.
- Any legal proceedings made on the basis of the conditions of carriage have to be initiated within a year of the date of travel.
If you do have to write to Eurotunnel to inform them of an incident, we’d recommend using a service that requires a signature upon delivery. As this could be the basis for any claim, it’s important that you can prove your letter arrived. Also, keep a copy of the letter for your records.
We would advise that you speak with one of our advisors if you’re unsure of your right to bring a claim. Remember, any advice we provide is free and without obligation.
Liability And Exclusions Of Liability
Further information within the conditions of carriage show that Eurotunnel’s liability to loss or damage is limited to:
- Loss or damage to personal belongings is limited to 1,000 SDR* per vehicle.
- Damage or loss of any personal vehicle is limited to 8,000 SDR per vehicle.
Other liability is listed as being limited too, but related to commercial vehicles so not relevant for personal injury claims.
The conditions also say that Eurotunnel is not liable for claims related to:
- Passengers failing to comply with regulations.
- Circumstances beyond its control including force majeure.
- Damage caused by security or safety checks.
If you find the full list of conditions (using the link in the previous section) unclear, you could speak with a member of our team for clarification. They’ll advise you on whether you could be entitled to make a claim or not.
*SDR = Special Drawing Rights. A figure used by the International Monetary Fund. At the time of writing, 1 SDR is equivalent to 1.05 GBP.
Jurisdictions And Laws Governing The Operation Of International Trains
Making a personal injury claim for a Eurotunnel accident is done so under either English or French law. Which of these will depend on either the departure point or where the accident happened. For instance:
- Claims for any incident that happens before departure or after arrival will be governed by the laws of the country where the train was located.
- A claim for an accident that occurs once the train has departed is governed by the law of the country from where the train departed.
- In the case of personal injury claims (or fatal injury claims), the claim will be governed by the laws of the country in which the accident occurred.
In reality, if you begin your claim with Legal Expert, which laws and legislation apply are somewhat irrelevant. That’s because our solicitors will do all the work for you. They’ll work with you to gather all of the required evidence, but they’ll handle all of the legal communication so the country in which the claim is handled won’t affect you at all.
Slips, Trips And Falls On International Trains
One of the most common personal injury claims in the UK are those made for injuries caused by a slip, trip or a fall. They can happen just about anywhere in daily life and can result in some very serious injuries. Not all falls automatically entitle you to claim compensation, though. For instance, if you fall because you were messing around, showing off or not following safety procedures, you wouldn’t be able to make a claim.
In a Eurotunnel scenario, you could be entitled to claim if your fall was caused by:
- Damaged flooring. If you trip because the flooring in the shuttle is raised or uneven due to damage, you might be able to claim. You should photograph the damage, report the accident and ask any witnesses for their details.
- Slippery flooring. If there has been a spill or a leak in your shuttle, which hasn’t been cleared up and you slip on it, you could be entitled to claim. This could be either a water leak or possibly oil from a vehicle. You might be able to claim if it can be shown that the slippery floor had been cleaned but no warning signs were used to warn you of the risk.
- Broken handrails. There are safety handrails in the area alongside your vehicle within the shuttle. If you are using one to support yourself and it is broken or breaks, causing you to fall, you could seek compensation for your injuries.
The types of injury that could occur from a slip or fall include bruising, head injuries, concussion, back injuries, cuts, ligament damage or bone fractures. Any of these could be claimed for if they can be shown to have been caused by the negligence of the train’s operator.
International Train Accident Compensation Claims Calculator
If you are successful in a claim for a channel tunnel accident, your compensation package may consist of two main parts. These are general damages and special damages. The personal injury claims calculator below provides example figures for general damages. This is compensation awarded for the pain and suffering caused by your injuries.
Type of Injury How Severe? Compensation Range Details
Neck Injury Severe £61,710 to £122,860 Usually, these injuries include serious fractures or injuries to the discs in the cervical spine. They'll cause serious disabilities like substantial loss of neck movement.
Neck Injury Minor £2,300 to £4,080 This category is for soft tissue damage in the neck that recovers fully within 3-months and 1 year.
Back Injury Severe £69,600 to £82,980 Injuries that include nerve root damage which causes impaired mobility, loss of sensation and impaired bowel or bladder function.
Back Injury Minor Up to £2,300 This category is for soft tissue damage in the back that recovers fully within 3-months.
Arms Injury Simple Fracture £6,190 to £18,020 A category that covers simple fractures in the forearm.
Elbow Injury Severe £36,770 to £51,460 Any injury to the elbow that leads to severe disability could be included in this category.
Wrist Injury Fracture In the region of £6,970 This could include an uncomplicated Colles' fracture of the wrist.
Leg Injury Very Serious £51,460 to £85,600 An injury which leads to the permanent use of crutches (or other mobility aids) for the rest of the victim's life.
Ankle Injury Severe £29,380 to £46,980 This category includes those injuries that require pins and plates to stablise the injury and cause significant residual disabilities.
The figures in the table come from a legal document called the Judicial College Guidelines (JCG). Solicitors, courts and insurance companies all use the JCG as a basis for calculating compensation amounts. Compensation for each injury is based on its severity. This means it’s really important that your solicitor provides enough evidence to prove exactly how you suffered. Otherwise, you might not receive the correct level of compensation.
Compensation paid as special damages is for any financial losses you’ve incurred as a result of the accident. The idea is that once special damages have been paid, you’re in the same financial position as you were before the accident.
Special damages can include:
- Medical costs – such as medicines and treatments.
- Care costs – including professional carers fees.
- Travelling expenses – like fuel and parking costs associated with hospital visits.
- Replacement property costs – such as the cost of replacing clothing damaged in the accident.
- Lost earnings – should you lose income because of your accident you could claim it back.
- Future lost earnings – if your ability to work is affected in the long-term, you could claim for this too.
For special damages claims, you should try to keep hold of any documentation, such as receipts, to prove your expenditure. Also, before committing to an expense, you might want to check with your solicitor to see if you can claim it back.
No Win No Fee Personal Injury Claims For A Eurotunnel Accident
Some people worry about the cost of making personal injury claims. That’s why our solicitors work on a No Win No Fee basis. We believe that more people can claim when No Win No Fee is available. That’s because it reduces the financial risk and stress involved with claiming.
The claims process begins with an assessment of your claim. This is because the solicitor is risking not being paid if the case is lost. Therefore, they assess your claim to ensure there’s a chance of winning compensation. If they’re happy with the evidence you’ve provided, and decide to take on your claim, you’ll be given a conditional fee agreement, or CFA, to sign.
The CFA is a contract between you and your solicitor. Within the CFA you’ll find a statement that confirms there are no solicitor’s fees to pay unless you receive compensation. It’ll also confirm that you won’t need to pay any fees upfront or during the claim. It will also provide details of the ‘success fee’ you’ll pay if your case is won.
The success fee is listed as a fixed percentage of any compensation received. Rather than you paying the success fee, the solicitor simply deducts it from the compensation before the rest is paid to you. Success fees are legally capped and will be confirmed with you before the claim begins.
Once you’re happy with the contents of the CFA and you’ve signed it, the solicitor can begin working on your claim.
Why Choose Us
We really would be happy to help you make a personal injury claim for a Eurotunnel accident. Here are some of the reasons we believe you should choose Legal Expert:
- Our legal advice and guidance on the claims process are provided free of charge.
- We offer a no-obligation assessment of any claim.
- The claims line is open 24-hours a day, 7-days a week. Therefore, you can claim whenever it’s convenient.
- Our advisors are friendly, knowledgeable and professional.
- Our team of personal injury solicitors have decades of experience in their specialist legal fields.
- If your case is taken on, the solicitor and their team will keep you up to date throughout.
- Our solicitors always aim to provide an efficient service to prevent the case from dragging on unnecessarily.
- Finally, our solicitors always try to ensure you receive the correct level of compensation for your injuries.
If you require any more information about Legal Expert, please ask. Our contact details are below and we’ll be happy to answer any queries that you might have.
Start Your International Train Accident Claim
You’ve now reached the end of this guide about making a personal injury claim against Eurotunnel. We hope you’ve found the information helpful and informative. We also hope you’re ready to begin your claim with Legal Expert at your side. If so, there are several ways to contact us. They include:
- Speaking with a specialist advisor directly on 0800 073 8804.
- Sending information about your claim by email to email@example.com.
- Asking us to call you back by completing our online claims form.
- Or you can connect with an advisor right from this website using our live chat feature.
Remember, our claims line is available 7-days a week, 24-hours a day. When you reach out to us, our advisors will assess your claim on a no-obligation basis. This includes reviewing what happened, who was to blame and the evidence you have to support you. They will provide free legal advice about the claim and advise you on your options. If they believe your case is strong enough, they could introduce you to a personal injury lawyer. Should the lawyer agree to take on your claim, it’ll be on a No Win No Fee basis.
When you call, there is no pressure or obligation to proceed. Therefore, there’s nothing to lose. Why not call to find out if you could make a personal injury claim for a Le Shuttle accident today?
hanks for reading our guide about making a personal injury claim for a Eurotunnel accident. We’ve included a number of different guides, links and external resources below which we hope you’ll find useful. If you need any further information about claiming for Eurotunnel accidents, please call our advisors today.
Train Station Accident Claims – This guide explains the type of accident at a train station which could lead to a personal injury claim.
Cruise Ship Accident Claims – Information about when a personal injury lawyer could help you claim following an accident on a cruise ship.
Slip, Trip Or Fall Claims – Guidance on when somebody else could be liable for injuries sustained during a fall.
Rail Regulatory Law – A list of laws and pieces of legislation relating to train travel in the UK. Includes information on the Rail Accident Investigation Branch.
Eurotunnel Le Shuttle Information – The latest news from the operators of train services in the Channel Tunnel.
International Carriage By Rail – A convention between nations that provides standard laws for the carriage of passengers, luggage and cargo between countries.
Written by Hambridge
Edited by Billing