The last thing you would consider when going on holiday would be what would happen if you had an accident. Holidays are supposed to be a time to relax with family or friends. Unfortunately, with health and safety not as stringent in some foreign countries as it is here, accidents can happen unexpectedly. If you’ve been injured in an accident abroad we may be able to help you make a claim for compensation.
Claims can be made only if your holiday was booked as part of a package. This way the tour operator will be the liable party for any compensation that needs to be paid. This is because when you are on a package holiday your tour operator has the responsibility to ensure that the resort they are sending you to is safe and properly maintained.
The rules regarding claiming for accidents and injuries whilst abroad are set out in the Package Travel Regulations 1992. This is a piece of EU legislation that allows the traveller to make a claim for compensation against the tour operator from their own country, rather than having to take on often more complex legal systems from foreign countries.
Holiday Accident Claim Types
Your package holiday claims would be made against any part of the holiday that your tour operator is responsible for, from beginning to end of your time away. This includes:
- Accidents on the plane or transfer coach
- Injuries by slipping/tripping on a wet floor in your hotel
- Accidents on a tour excursion (on transport or whilst out and about)
- Food poisoning from hotel restaurant/bar/buffet
- Faulty/dangerous equipment in your hotel room
- Falling ill due to bad hygiene in the hotel
There are a number of ways that your holiday could be ruined by an accident that was caused by someone else’s negligence. If you are unsure whether you can claim then call us for expert advice.
All of the above examples are areas that are, in theory, maintained by the tour operator. Making a claim for these, although often lengthy, is far easier than claiming for an accident you had elsewhere in a foreign country. For example, if you’ve fallen over on a faulty pavement in a town centre whilst out exploring independently, with no supervision or guidance from the tour operator, you would not be able to claim compensation against them. Instead you would have to go up against that country’s own legal system.
In some circumstances this can work and many tourists from the UK have managed to win holiday compensation this way. However, the process is more timely and costly.
Making a Holiday Accident Claim for Compensation
Whether you accident has happened abroad or in the UK, we can help you make your holiday accidentcompensation claim. We can provide you with a specialised package holiday claims solicitor who knows the ins and outs of claiming for an accident on holiday, with the aim of securing you the full amount of compensation you are entitled to for your injuries.
Having an accident abroad can be scary as you are in an unfamiliar setting without the knowledge of the country’s health system or procedures. You are likely to want to claim damages for the accident, as well as any lost earnings you may encounter on your return.
Read some examples of successful personal injury compensation claims at Ashley Ainsworth here.