With summer holidays just around the corner, many of us are looking forward to a well-deserved break overseas. Whether you’re planning a solo adventure or a trip with loved ones, it’s wise to be prepared for the unexpected.
Unfortunately, accidents can happen when you’re away from home. If you’re injured while on holiday, seeking compensation can be complex as the laws vary significantly from country to country and depend on the type of accident. Understanding these differences before you travel is key to ensuring a truly relaxing and worry-free trip.
Types of Accidents Abroad:
Package holiday claims
If you have sustained an injury whilst on a holiday that has been booked through a UK tour operator, you may be able to make a claim for personal injury under the Package Travel, Package Holidays and Package Tours Regulations 1992. You have three years from the date of the accident to make this type of claim.
Within these regulations a package holiday is defined as any type of deal that consists of:
- The holiday consisting of at least one overnight stay
- At least two of the following incorporated:
- Accommodation
- Transport
- Other tourist services, e.g. excursions that make up a large part of the trip (a safari tour), and:
- The holiday is sold at an inclusive price.
Accidents occurring on resorts or within the hotels vary greatly and can be anything from slips and trips to injuries caused by faulty sunbeds, broken pool tiles, or negligence of hotel workers. It may, however, be more difficult to prove there has been negligence as a Court would need to consider the local standards in the county.
Boat Claims
Cruising is known to be a relaxing way to spend a holiday and see the world. Unfortunately, accidents can happen aboard ships and serious injuries can result.
The law that governs accidents on boats is the Athens Convention, which establishes a regime of liability for injuries suffered whilst at sea. This can differ from the usual rules for establishing liability in England and Wales, so it is essential that your solicitor specialises in these types of accidents.
One of the main differences between these accidents and those occurring in England and Wales is the time for bringing a claim, which in this case is two years, as opposed to three years for other personal injury claims.
Flight claims
Flying is now a routine way of getting around, whether it be for business or pleasure. As with any mode of transport, accidents can happen, and it is important if an injury is suffered that you get the right advice.
The law that governs accidents on flights is the Montreal Convention, which establishes a regime of liability for injuries suffered in the air.
As with accidents at sea, the period for bringing a claim is two years, as opposed to three years for other personal injury claims.
There can also be other legal technicalities based on where the accident occurred, whether a person was embarking or disembarking the aircraft or whether the accident was in an airport.
What evidence do I need to support my injury abroad claim?
Wherever you are in the world, having evidence of what happened and where is crucial. We recommend obtaining information on:
- What happened: Write a detailed explanation of what happened – this is a good aid for your memory. Notify staff at the hotel so they can record the incident, which will assist when making a claim. It is also important to report the matter to the tour operator.
- Where it happened: Try and document where the injury happened, by either taking photographs or drawing out a detailed sketch (including dimensions if relevant).
- Extent of the injuries: Make sure to get a copy of any medical records or reports whilst abroad, including X-rays. We recommend you then seek medical attention from your own GP once you are back in the UK.
- Witnesses: If anyone witnessed the incident, try to obtain their contact information.
- Booking Documentation: We will need to see documentation to clarify whether the holiday was booked as a package holiday (with an ATOL Certificate), or a separate holiday booked under different providers.
Frequently asked questions
What can I claim?
There is no set award for what you can claim, as each case is assessed individually and is dependent on many things (such as severity of injury and how long the recovery will take).
General Damages cover pain, suffering and loss of amenity of life evidentially linked to the accident directly. The pain and suffering element of the award compensate for all past, present, and future physical and psychiatric symptoms.
Loss of amenity is the inability to complete activities (temporarily or permanently) after an accident, which could be undertaken before. This is awarded to compensate for actual injuries suffered, and the effect on quality of life.
Special Damages compensate you for any financial losses or out-of-pocket expenses.
What does special damages cover?
- Medication costs: Subject to you keeping the receipts, this is likely to be recoverable.
- Treatment costs: If it was reasonable for you to have treatment and it was caused by the injuries you sustained in the accident, we can recover this for you. It may be that future surgery is recommended. If that is the case, we can obtain suitable quotations and seek the funding for that surgery upfront.
- Loss of/Damage to clothing and personal effect: Whether it be torn clothing or a broken electronic device, we would always recommend that you keep the damaged item as evidence and take photographs. If you purchase a new item to replace the damaged one, ensure to keep the receipt for the new item.
- Lost earnings: If you have been unable to work because of your injuries and the medical evidence supports this, we can include this as part of your claim. Wage slips or profit and loss accounts can be used to calculate the loss, and we will also consider if the accident has affected your ability to work in the future.
- Travel expenses: We can include claims for your travel expenses. This may comprise of trips to physiotherapy or other medical appointments. It may be that you have had to pay for taxis or buses, or that you have incurred petrol expenses.
- Care and assistance: If you required care following the accident this can be included as part of the claim.
- Loss of enjoyment of the holiday: An additional award can be claimed if your holiday was impacted because of the accident.
How long would my case take to run?
This depends on the nature of your claim as each claim is viewed on a case-by-case basis.
We would take your initial instructions, submit the claim to the Defendants and their insurers would have up to six months to admit or deny responsibility. This timeframe is longer than if your accident occurred within England and Wales.
If the Defendant admits liability, then the issue of causation will need to be proven. We will need to obtain a medical report from an independent expert. Once you are happy with the report, we will then do a valuation of what we believe the claim is worth and will disclose these documents to the defence and initiate negotiations and agree a reasonable offer from them which is agreed and paid in a timely manner.
If the opponent denies liability the claim will need to be investigated further, and we will then reassess the prospects of success. We may then need to consider instructing a barrister to assess the case and your case may need to be taken to court.
How long from the time of the accident do I have to make my claim?
For package holidays that fit the criteria listed on this page, you have three years from the date of the accident to make this type of claim.
For boat and aeroplane claims, the deadline is two years, as opposed to three years for other personal injury claims.
For accidents in hotels booked independently, your claim would be brought directly against the hotel and within that country’s own limitation time.
Further information:
Oakwood Solicitors Accidents Abroad.
What should I do if I am injured on holiday?
WHAT TO DO NEXT?
If you believe you have a claim for an accident abroad, contact us for a free initial consultation regarding your options. Choose one of the methods on the right-hand side of this page or call us on 0113 360 1303 to find out how we can help you.
Alex Singleton joined Oakwood Solicitors in April 2021 as an experienced Paralegal, having worked in Personal Injury since 2018. Currently, Alex works in the Employers’ Liability and Public Liabilit…
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