Senior Associate, Holiday Claims
If you or someone you’re travelling with has an accident on holiday, it’s important to first stay calm, make sure you’re safe, and get medical help if necessary. An accident abroad, especially if it causes an injury, can be a very distressing experience. And a serious injury can ruin your holiday, and may stop you from working when you get back to the UK.
Our Holiday Claims Solicitors have helped hundreds of people to make a successful holiday accident claim. So if you’ve been injured in an accident on holiday that wasn’t your fault, get in touch for free legal advice and to see if you can claim compensation. We may be able to deal with your claim on a No Win, No Fee basis.
After Matt Hancock said that it’s unlikely people will be in a position to take holidays abroad this summer, Nick Harris, Head of Travel looks at whether you can get your money back from your package holiday provider.
When you use a tour operator to book a holiday, you’re entering into a contract that should assure you peace of mind or freedom from distress. This is because the law recognises that when a company makes a promise to provide you with a holiday, it is reasonable to expect a certain level of enjoyment.
If you have had an accident on holiday that wasn’t your fault, you may be entitled to compensation.
We're rated‘Excellent’We recommend taking the following steps:
If you’ve been injured, you should get medical attention as soon as possible. It’s always best to get a medical diagnosis so there’s a record of the immediate injuries you sustained in the accident. If you’re seriously injured, it might be best to stay still and ask someone to bring a medical professional to you.
Note down the details of the accident including how, where and when it took place. You should also tell the hotel or resort staff exactly what happened. If they make a record in an accident book, ask for a copy of this if you can – even if it’s just a photograph taken on your phone.
If you’ve used a tour operator or package holiday provider to book your holiday, you should also report the accident to them. This might be in person if there’s a holiday rep from your tour operator at the place you’re staying, or you might have to contact them online or by phone. Again, if they write an accident report, ask for a copy.
It’s important to take photos and videos of the accident scene and anything that may have caused it. For example, a wet floor with no wet floor sign or a broken tile.
Physical evidence like this will go a long way in supporting your claim, and it also stops the risk of the hotel or tour operator claiming that there was no defect after the claim is presented.
It’s useful to email this evidence to yourself to keep an extra record of when they were taken.
If anyone saw the accident happen, collect their name and contact details in case you need to get witness statements from them. This might just be the people you’re on holiday with or people you met while you were abroad.
Not only is this useful to do right after your accident, but it’s best to continue taking photos of your injuries as they’re healing, once you’re back in the UK. This can support your case by showing the impact your injuries have had on your life since the accident.
Our Holiday Claims Solicitors will be happy to discuss your accident with you and offer free legal advice. If we think you’ve got a potential claim, we’ll advise you on the next steps to take.
If your holiday was booked as a package holiday through a tour operator based in the UK, then you can make a claim from the UK.
But this can still be a complicated area of law, so instructing a specialist Holiday Claims Solicitor is your best option. Several of our Solicitors and Lawyers previously worked for major tour operators, so they really know how they deal with cases, including the processes and tactics they use to try and defend claims.
In some cases, it’s better to make your claim abroad instead, and this is something we can advise you on.
Without the help of a specialist Solicitor, you could get tempted to accept the first financial offer that comes through. But it’s important to get legal advice about whether this amount compensates you fairly for your injuries.
The amount you can claim will depend on the severity of your injuries. We’ll help you claim an amount that accurately reflects:
We’ll work closely with medical experts to make sure you’re getting the help and support you need to recover.
Accidents abroad can happen in many different ways such as
The most common types of holiday accident include slips, trips and falls, and these are usually because of a wet floor, broken or uneven flooring, or missing handrails on stairs.
Tour operators, hotels and holiday package providers have a duty of care to keep you safe from accidents wherever possible, but accidents can and do still happen.
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