Holiday Accident Compensation Claims
Having an accident whilst on holiday can be thoroughly devastating, particularly if it was caused by someone else. Your holiday should be an enjoyable and relaxing time in an environment that is safe and free of risks to your wellbeing. Injury solicitors have extensive experience in building cases against tour operators, hotels, airlines and other parties who are liable for the injuries, illness or suffering caused to holidaymakers abroad.
Through utilising available UK legislation and maintaining a thorough understanding of insurance terms and individual country’s laws and claim requirements, solicitor are able to provide exceptional standards of advice, service and support to those who have suffered harm at a time which should have been enjoyable, safe and relaxing. A friendly solicitor will welcome the opportunity to discuss the specifics of your case in order to support you in initiating and progressing your personal injury claim.
What types of holiday accident can I claim for?
There are a number of reasons why solicitors are approached for support in making a claim following a holiday accident. They are experienced in assessing the liability and severity of each case and providing tailored support to ensure that you are compensated for the harm caused to you. Some of the most common holiday accidents that solicitors deal with include:
Road Traffic Accidents Whilst Abroad
Whether caused by the driver of a taxi, transfer coach, local excursion driver or another holidaymaker in a hire car, you have the right to claim compensation following injuries sustained in road accidents abroad. Some countries such as Italy and Greece stipulate that these types of accident claims must be initiated within two years and so we encourage victims to speak to a solicitor as soon as possible and report the accident to local police immediately.
Food Poisoning and Waterborne Illnesses
Poor hygiene observations, unacceptable pool cleanliness and contaminated drinking water can cause serious and sometimes fatal illnesses and disease. Many illnesses show little if any, long-lasting symptoms and so it is important to seek immediate medical advice, keep copies of records and report the case right away.
Airline Errors and Accidents
There are a number of mistakes made by airline staff which result in injuries or illnesses caused onboard. This can include blocked gangways, defective overhead storage locking, spilling of boiling drinks, food poisoning and poor hygiene throughout the cabin. Injury lawyers would be pleased to discuss your case to help assess the severity of your symptoms and whether you have a valid claim for compensation.
Injuries sustained through poor vehicle management, unsafe excursion destinations and non-observance of health and safety at any point of a managed excursion may make you eligible to make a claim for compensation through your holiday company.
Some of the other claims that are presented on a regular basis include:
- Food poisoning while on a day excursion or organised trip
- Poorly maintained rental vehicles that lead to accidents
- Water sport accidents
- Wet floors or misplaced objects which lead to falls, trips and slips.
- Skiing and snowboarding accidents
- Poor hygiene which leads to illness
- Unsanitary conditions in facilities at the airport, onboard a plane or at your accommodation which leads to ill health.
Whatever the particulars of your case, experienced solicitors will be pleased to discuss your eligibility to make a claim and the likely outcome of your case. Furthermore, your solicitor will have a vast amount of knowledge with regards to international law and can help you overcome the complexities or potential vulnerabilities of your case.
How does the law deal with injuries caused abroad?
Any victim of a holiday accident will understand the physical, emotional and logistical impact that the incident can have on their life. The law recognises that travellers have the right to pursue compensation following injuries or illnesses suffered abroad through the fault of another person or party.
The law aimed to streamline and support holiday accident claims by introducing legislation to enhance a victim’s ability to negotiate the most favourable award settlements with ease and as minimum complexity as possible. This has been achieved through package holiday regulations and the legal requirements for UK holiday companies and tour operators to be protected and regulated.
It is also possible to pursue a claim following an accident on a non-package booked holiday though UK law does not provide specific legislation for this. Your solicitor will help you to assess how best to proceed with your case and any appropriate legislation that might support your claim.
How long do I have to begin a holiday accident claim?
The amount of time that you have to initiate your holiday accident claim will vary depending upon the type of holiday package you booked. Clients are encouraged to begin their claim as quickly as possible in order to ensure that time limits do not affect their ability to claim and that evidence and recollections of events are fresh and available.
For package holidays, victims are entitled to a time limit of up to three years in which their claim must be initiated. A package holiday is one where the traveller books all of the following at once and for one fixed sum:
- Flights to and from the destination
For non-package holidays, travellers time limits can vary dependent upon factors such as the destination of holiday and date from which symptoms became reasonably clear. Your solicitors can help you to assess the validity of your claim during a free consultation which is provided with no obligation attached.
Does it matter whether I had a package or non-package holiday?
Clients are made aware from the outset that the type of holiday they booked will determine how a claim is pursued following a holiday accident. There are different procedures in place depending on whether your holiday was a package or non-package booking.
A package holiday is one which is booked through a tour operator based in the UK and any holiday accident claims would be made against the holiday company itself. This is due to the legislation outlined in the Package Travel Holidays and Package Tour Regulations 1992 which came into effect in 2002. These regulations offer guidance and protection for travellers and make it easier to secure compensation following a holiday accident. Through these regulations, claiming is much simpler, as previously it may have been necessary to pursue compensation through the legal system of the foreign country involved. This was then a much more complex and time-consuming task. For the claim to be dealt with effectively and quickly, the victim of the accident should ensure that the incident is reported at the resort or to the holiday company’s UK head office as soon as is reasonably convenient.
For holidaymakers who book their travel independently, the package tour regulations do not offer protection. In the majority of cases, travellers who have made direct bookings for travel and accommodation must make their claim through the respective country’s legal system. Injury solicitors are highly experienced in supporting victims of holiday accidents in completing personal injury claims in a wide range of different countries throughout the world, and are therefore knowledgeable about international law systems and claim requirements.