Usually, a holiday abroad is something you’ll look back on and remember with fond memories in years to come. For some, though, being injured on holiday can really take the shine off of things and ruin their trip. Fortunately, though, even if you’re injured in a foreign country, you may be entitled to compensation if the accident that caused you to suffer was due to somebody else’s negligence.
In this article, we’ll explain how to claim compensation for a holiday accident abroad. We’ll look at the time limits for foreign holiday claims and the types of injuries or illnesses you could claim for. So, to find out more about claiming for being injured on holiday abroad, please read on or contact one of our specially trained advisors on 0800 652 1345 today.
Can I claim compensation for an accident on holiday abroad?
One of our solicitors may agree to help you claim compensation for a holiday accident abroad if:
- An accident occurred while you were on holiday abroad because of somebody else’s negligence; and
- You were injured or became ill as a result; and
- Your trip was booked as a part of a package holiday.
As we progress through this guide, we’ll look at the types of proof you could collect to support your claim and show how your accident happened.
What is a package holiday?
If you book a package holiday through a company, they have a legal duty to try and ensure all aspects of the holiday are as safe as possible. Legally, a package holiday is defined by the Package Travel and Linked Travel Arrangements Regulations Act 2018. You will have booked a package holiday if you pay the company for two or more key parts of the holiday from the following:
- Your flight or other means of transportation to the holiday destination.
- The accommodation.
- Other services that are a significant part of the holiday i.e. car hire or excursions (spa breaks, safaris, guided walks etc).
Package holidays include those where:
- The trip is advertised as all-inclusive or a package.
- You paid one company for all parts of your holiday.
- You booked your hotel and then booked other services within 24 hours without having to provide your details again.
If you’re injured in a holiday accident abroad, you might think that you’d claim compensation from the company responsible (the hotel for example). However, this would mean local laws would apply and you’d probably need advice from a local lawyer. For that reason, our personal injury lawyers will always seek compensation from your package holiday provider instead if they agree to take your claim on.
If you’re unsure whether you’re entitled to make a package holiday claim, please call our team today.
Examples of holiday abroad accident claims
Here we’ve provided a few scenarios of holiday accidents abroad that could lead to a personal injury claim. If you don’t see an accident similar to your own, don’t worry as we could still help you to start a claim.
You might be entitled to claim if you’re injured at the beginning or end of your holiday abroad at the airport. For example, you could claim if you slipped on a wet floor at the airport or if you were injured by damaged fixtures or fittings in an airport shop. You could also claim for injuries sustained during hotel transfers to and from the airport.
Any type of accident in a hotel could result in a holiday accident claim if caused by negligence as your package holiday provider has a responsibility to make sure the facilities are safe. As such, claims might be possible for balcony falls caused by a damaged safety rail, electric shock injuries from damaged facilities or injuries caused by damaged hotel furniture.
If you are made ill while eating at a venue booked as part of your holiday (the hotel or an excursion for example), you may be entitled to compensation for food poisoning. This might be the case if you were made ill because of inadequate food preparation or storage or unhygienic conditions.
Sporting activities and excursion injuries
Even if your tour operator doesn’t operate your event themselves, if you booked it through them, they must make the necessary checks to try and ensure it is safe. If you’re injured because of poor supervision, damaged equipment or a lack of safety training before the event, you may be entitled to compensation.
Accidents in a hire car
If you booked a hire car through your tour operator, you could claim for injuries sustained as a car passenger or driver because the car was in a poor state of repair. For example, if you were in a collision because of poorly maintained brakes or bald tyres, a claim may be possible.
Common injuries and illnesses suffered on foreign holidays
Our personal injury lawyers could provide legal representation for many types of injuries or illnesses sustained on a foreign holiday. For example:
- Foot injuries.
- Head injuries and concussion.
- Fractured bones.
- Back injuries.
- E.coli, norovirus, campylobacter and other forms of food poisoning.
- Fatal accidents.
- Laceration injuries.
Please let us know if you’ve been injured on holiday abroad and we’ll review your options for free.
What can I do if I’m injured abroad?
If you are injured on holiday in a foreign country, it is important to speak with your holiday provider. As they will have local knowledge, they may be able to help you get the support you need to put things right.
Usually, you can contact your holiday rep by mobile or via a helpline number provided during your welcome meeting.
If you need hospital treatment, you should contact your travel insurance company to check which medical facilities they cover.
How much compensation for a holiday abroad accident claim?
If you claim compensation following a holiday accident abroad, you should consider all aspects of your suffering before the claim is filed to hopefully maximise any settlement. For example, your settlement could potentially include compensation for:
- Your physical pain and suffering.
- Loss of enjoyment of your holiday.
- Travel and repatriation costs.
- Psychiatric harm such as severe distress and depression linked to your injuries.
- Loss of earnings.
- Medical expenses including the cost of treatment in a foreign hospital.
- Care costs.
- The cost of replacing any items damaged during your accident.
- Future loss of income if you suffer a long-term injury that affects your ability to work.
- The cost of modifying your home to help you cope with any ongoing disability.
If you would like a solicitor on our panel to help you collect proof to support your claim, please call our advisors today.
How does the solicitor determine how the accidents affected me?
To prove the extent of your injuries, you’ll need an independent medical assessment when you’re back in the UK. This is something your solicitor will usually be able to arrange locally. During the assessment, your injuries will be checked over by a specialist and they’ll ask you how they’ve affected you. They’ll then prepare a report to list your injuries and explain your prognosis.
Providing proof for a compensation claim
When your solicitor contacts the holiday provider to file a compensation claim, they must be able to prove how your accident happened, who was to blame and how you’ve been affected by your injuries. This can be made easier by providing as much proof from the following list as possible:
- Accident scene photographs. These can go some way to proving what caused your accident abroad to happen. Ideally, you should take pictures before anything is removed from the scene.
- Witness details. If anybody else was present when you were injured on holiday abroad, you should ask for their contact details. Your solicitor may ask them for a statement of what they saw at a later date.
- Medical records. Your x-rays and medical records are a good way to prove the extent of your injuries. For this reason, it’s always a good idea to seek professional treatment rather than relying on first aid.
- CCTV footage. Any recording of your accident by security cameras or dashcams can make it a lot easier to explain how your accident occurred.
- Accident reports. As mentioned above, you should report any holiday accident to your tour rep. You should also tell your hotel or any other business if the accident happened on their premises. Later on, your solicitor could request a copy of the accident report to confirm dates and locations etc.
- Financial records. It’s important to keep hold of any receipts or invoices if you want to claim back any out-of-pocket expenses linked to your accident.
If you’ve collected any proof already, please contact one of our specially-trained advisors and they’ll review it for you for free.
Holiday abroad accident claims time limits
The law in the UK means there’s a time limit for all personal injury claims. For holiday abroad accident claims, you’ll have:
- 3 years from the date of your accident for package holiday claims.
- 2 years from the date of an accident on an aeroplane (according to the Athens Convention).
These dates are based on claims made in the UK against a holiday provider. If you booked your holiday independently, you’ll need to abide by the local time limits which vary from country to country.
If your child is injured on holiday abroad, their time limit will not start until their 18th birthday. However, any time before that date, you can claim on their behalf by becoming their litigation friend.
It is usually a lot easier to get proof to support your claim if you get the claims process started as early as possible. So, please get in touch with our advisors as soon as you can to have your claim assessed for free.
No Win, No Fee claims
Our specialist solicitors realise that the cost of legal fees might put you off from seeking representation for your compensation claim. As such, they offer a No Win, No Fee service for any claim they accept.
That means that without any upfront legal fees, your solicitor’s main priorities will be to:
- Consult with you to learn how you’ve suffered.
- Begin collecting proof to verify your right to compensation.
- Arrange a medical assessment.
- File the claim with your holiday provider.
- Deal with all queries, objections and arguments raised so you won’t need to answer any complex questions.
- Try to reach a settlement that fully compensates you for your suffering.
Before they begin working on your claim, your solicitor will send you a contract to sign. This will make it clear that you won’t need to pay your solicitor for their work if the claim doesn’t work out in your favour.
The agreement will also explain the success fee you’ll pay if your claim is won. This is a percentage of any compensation you receive that will be deducted by your solicitor to cover their time and costs.
Start a holiday abroad accident claim today
If you’ve decided to claim for injuries sustained on holiday abroad, why not call our team on 0800 652 1345 to discuss your options? Your claim will be reviewed for free and you’ll receive legal advice about what to do next.
To make the claims process less stressful, your solicitor will work on a No Win, No Fee basis if you both agree to proceed with the claim.
Thanks for reading this article today. Our live chat is available if you have any urgent questions about claiming compensation for a holiday accident abroad.