Can I Claim Compensation for a Holiday Accident if I Wasn't Insured?
Yes, although as Holiday Claims Solicitors, we’d always recommend to anyone going on holiday that you take out travel insurance before setting off.
Package Travel Regulations
While some people choose to arrange each element of a holiday separately, many prefer to book a package holiday instead, so every aspect can be paid for in one go and provided by a single company.
If that’s the case, then under the Package Travel Regulations, your tour operator is responsible for any element of your trip, such as your hotel, transfers or flights, and could be liable if something goes wrong. For instance, if you slip and fall on a wet floor surface in the hotel and there were no signs displayed warning of the potential hazard, or the floor was defective, this could be grounds for making a claim.
The Montreal Convention states that an airline is responsible if you’re injured at any stage of your flight. This can include boarding and disembarking the plane, as well as mid-flight.
If your package holiday includes air travel, the tour operator must have an Air Travel Organisers Licence (ATOL). The ATOL scheme gives a guarantee that holidaymakers will be protected from being stranded overseas or from losing their money if something goes wrong.
Travel operators must be checked by the Civil Aviation Authority (CAA) in order to obtain an ATOL and will then be required to pay money into its financial security scheme. This means the CAA can compensate consumers if the worst happens and the travel operator is unable to pay them back.
You can easily check on the CAA website if a tour operator is a member of the ATOL scheme before booking a package holiday.
If you claim compensation for an accident on holiday, your settlement will be valued to reflect:
We can also help you if you are claiming compensation on behalf of a child who has been injured in an accident on holiday.
Our Holiday Accident Claims Solicitors are experts in helping holidaymakers obtain compensation and rehabilitation support following accidents abroad. For example:
Fill in your details and one of our team will call you back or call us now on 0808 239 7911