If you have suffered from an injury in the course of international rail travel. the Convention
Concerning International Carriage by Rail (COTIF) offers protection. It concerns injuries
suffered by a passenger during rail travel when the passenger is in, is boarding or is alighting
from the train. The regulations apply in Europe, the Maghreb and the Middle East. Despite
the UK’s departure from the EU, the regulations continue largely unaffected.
What can I claim for?
The carrier is liable for physical or mental/psychiatric injury and death which occur while
you are inside, entering or alighting from a train.
What is not covered?
‘The carrier can avoid liability if they can prove that the accident was caused by:
- Circumstances unrelated to the operation of the railway
- The fault of the passenger
- The actions of a third party which could not have been avoided even by the exercise of such care as was required in all the circumstances and where the accident could not have been prevented.’
How can I make my claim?
- Claims should be made in writing to the carrier.
- It is best to inform the carrier within 1 year of the incident.
- If necessary, then the case may be brought:
- In a jurisdiction/country which has been designated by agreement between you and the carrier.
- In a jurisdiction/country where the defendant is resident or domiciled or has its principal place of business.
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