Can I claim for an accident that happened on holiday abroad?
This is the time of year when prospective clients call me to discuss an accident that happened on their summer holiday abroad and ask whether they can claim for accident on holiday.
A personal injury solicitor in the United Kingdom can only deal with a claim against a holiday company if the holiday was booked as part of a package through a travel agent in the United Kingdom. Furthermore, the accident needs to be the fault of the travel agent or their representatives such as the hotel. If your accident was caused due to a badly maintained hotel you may be entitled to make a claim against the travel agent. You may also be able to make a claim against the travel agent if you contracted food poisoning from the hotel. However, you would not be able to make a claim against the travel agent if your accident was caused due to a badly maintained pavement in the town centre.
Equally, if an accident occurred whilst you were engaged in activities that were arranged by you with independent contractors in the holiday resort, there may be no liability under the Package Tour Regulations. Potentially dangerous activities on the beach such as paragliding, banana boat rides, waterskiing or snorkelling and diving are unlikely to be covered under these regulations as they do not form part of the package. You may be able to pursue the company in the country they are based but local legal advice would then need to be considered and this may be a difficult and costly.
Even if you have made your travel and accommodation arrangements personally without a travel agent, it is still worth seeking legal advice as to your options. If you are travelling by plane, ship or trains abroad and have not reached your destination, there may be legal remedies available and again you should contact us so that I can advise you.
Road Traffic Accidents Abroad
If you are involved in a road traffic accident abroad whether as a driver or passenger, it is possible that you may have a right to seek compensation if another party was to blame and is identifiable. You should seek immediate medical attention as this may be a prerequisite to claim in some countries. It is crucial to obtain details of all other parties involved and to report the matter to the police and retain all paperwork.
Still got questions about a holiday accident?
Call me for a no-obligation consultation about your claim for accident on holiday- and I will be happy to discuss all aspects of your personal injury claim to decide the best way to proceed.
I am a London-based solicitor and an expert in securing compensation for people who have been injured in accidents that were not their fault. I work on a no win-no fee basis so you will never have to fund any part of your personal injury claim.