How Long Do Holiday Accident Claims Take to Settle?

Author:
Claire Rabbetts
Associate Solicitor, Holiday Claims
Date:
12/02/2020

*This article was updated on 27 April 2022.*

Ideally, we seek to ensure a straightforward holiday accident claim. In cases where there is clear evidence and the tour operator has admitted liability for the accident, they are usually settled in nine to 12 months. However, more complex claims may take longer to settle, and the length of the legal process will also depend on the unique circumstances of each individual claim.

As a result, nobody can advise straight away how long it will take for your claim to settle. Factors like how long it takes tour operators to gather information from different destinations around the world and whether you need to undergo more than one medical assessment can easily lengthen the duration of a claim.

Our Holiday Claims Solicitors are specialists in travel law and have a strong track record of helping people who’ve suffered an accident on holiday recover compensation.

For free initial advice, get in touch and we’ll be happy to look at the details of your claim and whether you have a good chance of success. We may also be able to deal with your case on a No Win, No Fee basis.

Call us on 0808 239 7911 or request a callback

What Steps Should I Take After an Accident on Holiday?

Collecting evidence immediately after your holiday accident can help your compensation claim proceed more swiftly. If possible, you should:

  • seek medical attention;
  • take photos or video footage of the scene of the accident;
  • obtain contact details of any witnesses to your accident;
  • report what’s happened to your holiday rep or service provider;
  • ask the tour operator and hotel for a copy of the accident report.

We wouldn’t recommend accepting any offers of compensation from your tour operator until you’ve received legal advice. In our experience, compensation settlements offered by tour operators are often much lower than what claimants are actually entitled to.

If you accept a compensation offer and later find out that you could have received a much higher amount, you won’t be able to make a new claim.

How Much Could my Holiday Accident Claim be Worth?

If we take on your case, we’ll gather all available evidence, such as photos of the scene of the accident, correspondence between you and the tour operator and an independent medical report, to calculate how much compensation you could be paid.

The amount of compensation should reflect:

  • any loss of income;
  • medical expenses;
  • rehabilitation costs;
  • how much of your holiday was ruined and loss of holiday enjoyment;
  • other expenses you may have incurred, such as travel costs.

Your compensation settlement will also be valued to reflect the severity of your condition and the pain and suffering you experienced as a result of your accident on holiday.

Am I Eligible to Claim Compensation?

If you were on a package holiday and suffered an injury as a result of an accident that wasn’t your fault, you may be entitled to claim compensation from your tour operator if you were injured in a:

If we take on your case, your Holiday Claims Solicitor will work with you to build a picture of what happened and present a claim for compensation to the party we hold responsible. In most cases this will be the holiday tour operator, the cruise ship operator or the airline.

Time Limits for Holiday Accident Claims

If you were on a package holiday when the accident occurred, you must start legal action within three years of the accident.

The time limits are slightly different if you were injured on a cruise ship or whilst on a flight. In these cases, Court proceedings must usually be commenced within two years of the accident in line with international convention.

If you had an accident abroad which is not covered by the Package Travel and Linked Travel Arrangements Regulations 2018 or international convention, the time you have to make a claim will depend on local rules and will differ from country to country.

As the time limits for making a claim will vary, it’s important to get in touch with an experienced Holiday Claims Solicitor sooner rather than later. We can make sure you meet the limitation period deadline so that you have the best chance of going forward with your claim.

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