We all love holidays and spend most of our time saving all year round for that sunshine and the chance to relax and have some fun with friends and family. What happens though, when the holiday goes terribly wrong?
Unfortunately, accidents, illnesses and injuries abroad are not uncommon. For example, if you slip on food in a hotel restaurant, trip over a threadbare carpet, walk into an unmarked patio door, suffer from food poisoning, have an injury during a sporting or fun activity or are involved in a traffic accident then you may be able to claim compensation.
If the holiday was booked through a tour operator as a package deal then it will be governed by the Package Tour Regulations and any claim made will be against the tour operator. If you booked your holiday independently then you may still be able to make a claim for compensation by suing directly the hotel or organisation responsible.
If you are abroad through work when you suffer an injury, you are still entitled to claim and, depending upon the circumstances of the accident, your claim may be against your employer.
The law relating to compensation claims arising from accidents abroad differ from country to country. In order to succeed in any personal injury claim, it has to be proved that such an injury has been caused by someone else’s negligence. Each country will have its own laws in place as to what standards have to be achieved to protect the safety of others. English laws are very strict but similar laws for countries such as Turkey and India for example are less so and what could amount to negligence in this country may not be the case in another country.
What to do if you have an accident or illness abroad that is not your fault?
Accident abroad claims are very complex and it is important that you seek legal advice as soon as possible once you have returned home. If you do suffer an injury abroad it is important to:
- Report the accident as soon as possible and preferably whilst you are still in the resort.
- Ask your holiday representative to complete an Accident Report and make sure that you check and sign it to be accurate.
- Keep all of the paperwork, including proof of the holiday booking, flight details, payment details and any receipts for travel or treatment abroad.
- Get the names and addresses of anyone who witnessed the accident.
- If you had the accident during a tour or excursion that was not booked through your tour operator, please keep the receipt and make sure you get the correct name of the organisation who you paid your money to and also the name of the company who carried out the tour or excursion, if different.
Time limits to make a claim
If you have suffered an accident abroad then you generally have a period of three years in which to make a claim for compensation. However, Injuries as a result of an accident on an aeroplane or a cruise ship differ and for these claims you typically only have a period of two years in which to seek compensation.
If you or a loved one have suffered an accident, illness or injury whilst abroad and would like to speak to a member of our Personal Injury team to see if you have a claim for compensation; then please call our Personal Injury (PI) lawyers on Freephone: 0808 164 0808 for a FREE, no obligation chat. Alternatively, you can complete the request a call back form and we will call you.