Millions of Britons every year continue to surrender these shores in favour of foreign climes. Unfortunately, a dream holiday can turn into a nightmare if you have an accident. You might be left with some nasty injuries after a prang in your rental car, if you fall headlong on a hotel step or go for six on a speed boat. So, because accidents can and do happen abroad, it’s important to know where you stand.
You may choose to claim for compensation if you feel that someone was at fault and that their negligence caused your accident. Holiday compensation claims can be tricky as they are usually subject to the law of the country where the accident occurred, affecting your right to compensation and the value of your claim.
If your accident happened while you were on a package holiday you might be able to claim compensation in the UK, thanks to The 1992 Package Travel, Package Holiday and Package Tour Regulation. If you organised your holiday yourself, it may be more of a battle – consider the challenges of a foreign language, rules and regulations and you’d do well to call on an experienced personal injury solicitor. Beware of your tour operator or hotel offering a solicitor to act on your behalf or them making an immediate offer of compensation. Its best choose an independent solicitor of your own if you want to maximise your chances of receiving the amount you’re legally and morally entitled to.
Look lively as time limits within which a claim can be brought vary throughout the world. The sooner you make a claim, the better, as it’s easier to establish the negligence of the defendant. Try to gather as much information as you can at the time of the accident. If you’re not totally incapacitated, sketch or write down as many details as you can and whip out your camera, as photographic evidence could be critical to your claim. If you need to call on witnesses, make sure you have their most current contact information. Report the accident to your tour rep or the staff at wherever the incident occurred – details should be recorded in an accident book as may add weight to your claim.
Every company you encounter on your travels from holiday tour operators and hotel staff to rental car companies and excursion operators have a duty of care to provide you with a safe service. If you have suffered a serious accident while on holiday and can prove that a particular party breached their duty of care, you may have a basis for a claim. Sometimes you may not even need proof – ‘no fault’ laws may mean that you, as an accident victim, are entitled to compensation as of right.
To discuss your holiday compensation claim and the options open to you, make an appointment with a solicitor experienced in personal injury and travel litigation today.