Holiday Accident Compensation Claims

Holiday Accident

If you have an accident or suffer an illness whilst abroad, which was not your fault, you may be entitled to make a personal injury compensation claim, although a solicitor would need to review the circumstances in more detail before a definite decision could be made.

Examples of claims resulting from Accidents Abroad

If you were working abroad at the time of the accident and the accident was the fault of your employer, you would be able to make a personal injury compensation claim using a solicitor based in the United Kingdom providing you were employed by a company based in the United Kingdom at the time or that employer has a registered office or place of business located in the UK.  This claim would be dealt with in the same way as any other claim for an accident at work.

Even if you are working for a foreign employer or organisation, you should still seek specialist legal advice as to the options that may exist to pursue compensation.

If you were abroad on holiday at the time, a personal injury solicitor in the United Kingdom would only be able to deal with the claim against the holiday company if the holiday was booked as part of a package deal through a travel agent in the United Kingdom. In addition to this, your accident would need to be the fault of the travel agent or their representatives (e.g hotel staff).

For example, if your accident was caused due to a badly maintained section walkway in the hotel grounds you would be entitled to make a personal injury compensation claim against your travel agent. You would also be able to make a personal injury compensation claim against your travel agent if you contracted a form of food poisoning from the hotel restaurant; however, you would not be able to make a personal injury compensation claim against your travel agent if your accident was caused due to a badly maintained pavement in a local town centre.

Equally, if an accident occurred whilst you were engaged in sports or activities that were arranged by you with independent operators in the holiday resort or location, there may be no liability under the Tour regulations regime. Potentially dangerous activities on the beach such as paragliding, banana boat rides, waterskiing or snorkelling and diving may not be covered under these regulations as they would not be part of the holiday package deal. One could try and sue the companies in the country they are based but separate detailed local legal advice would then need to be considered and this can be a difficult and costly process.

Even if you have made your travel and accommodation arrangements personally without a tour or travel agent, it is still worth seeking specialist legal advice as to the options that may be available to you.

Even if you are travelling by plane, ship or trains abroad and have not reached your destination, there may be legal remedies available and again you should contact us.

If you are involved in a road traffic accident abroad whether as a driver or passenger or whether in a car, taxi, coach or bus, it is possible that you may have a right to seek compensation if another party was to blame and is identifiable. One must in certain countries however seek medical attention immediately as this can be a pre requisite to compensation schemes in some countries. It is crucial to obtain details of all other persons involved. You must always report the matter to the police and retain all resulting paperwork.

Collecting evidence after your Accident Abroad

To make a successful personal injury compensation claim, you would need to prove that another person was responsible for your personal injury. In the case of an accident abroad this would normally be your travel agent or your employer.

To help your case, you should report the accident to your employer / your travel representative at the time, make a note of your accident in the accident book, take names and addresses of witnesses to the accident and if possible take photographs of the area where the accident happened.  You must also keep safely all of the travel documentation, receipts and paperwork including medical letters, receipts for treatment, hospital discharge letters or any other documentation relating to or arising from the holiday and injury.

If you are intending to claim expenses such as prescription costs and travelling expenses, remember to keep receipts as evidence.