There are very few people who don’t look forward to going on holiday, counting down to those few days a year when we can escape from reality and from all of the stresses of day-to-day life. After just a few days in the sun we are recharged, refreshed and ready to come back to real life (well almost!).
Unfortunately, this isn’t always the case for everyone, as sometimes holidays just don’t work out quite how we expect. This can simply be because of the weather, or perhaps the destination didn’t quite match expectations, but occasionally people experience holiday nightmares so bad that they wish they had never packed their suitcase in the first place.
What are my rights when something goes wrong?
There are many different types of incidents and accidents that can happen whilst on holiday that are completely out of your control. Some of these incidents happen as a result of someone else’s negligence, and these are the situations where you will be within your rights to enlist the services of a personal injury solicitor to make a claim for travel accident compensation.
What holiday incidents can be claimed for?
Travel accident compensation is something that can be claimed if you experience an injury or suffer an illness whilst on holiday which wasn’t your fault. You may be eligible to make a claim in the following situations:
- Transportation accidents – If the railway, bus, ferry or airline company fails to fulfill their care of duty, and as a result you receive an injury or have an accident whilst travelling with them.
- Tour operators – If an accident occurs whilst on a tour (that was booked during the holiday) and it was due to the tour operator’s negligence.
- Substandard accommodation – If you experience inadequate or substandard facilities within your accommodation, or if you suffer an injury from a slip or trip on the premises due to an unmarked danger.
- Illness and food poisoning – If you contract food poisoning or a bug contracted from unhygienic facilities in the hotel.
- Sporting injuries – If you sustain an injury whilst participating in a sport whilst on holiday. Common examples include: para-sailing, quad biking, bungee jumping or water sports including jet skiing. These incidents can sometimes involve unregistered or unlicensed equipment, which may not have undergone adequate safety checks.
- Road traffic accidents – If you are involved in a road accident, either as a driver or passenger in a vehicle or as a pedestrian.
How can I make a compensation claim for an accident I’ve had on holiday?
Whatever the nature of your accident, you should seek specialist advice from a personal injury solicitor. They will be able to advise you on how best to make your claim, as making a claim for a travel accident is not always a straightforward process, and different factors apply according to the type and location of the holiday.
For some claims, you will need to have booked the holiday as a package, meaning that you should have at least two elements of the holiday booked together (e.g. flights and accommodation).
Independently booked holidays
If you have booked the holiday independently, and arranged the travel and accommodation as separate bookings it may be a more complicated process than simply dealing with a holiday booked as a complete package. It is advisable to speak to a specialist personal injury solicitors to ensure that you get the right help for this type of claim.
Holidays in the UK
If your holiday was in the UK and you’re a UK resident then your case can be handled in very much the same way as any other personal injury claim.
If the accident or illness was experienced abroad, different factors may apply as to how the claim is processed, for example, whether or not you can make a claim in the UK or in the country where the incident occurred. If your holiday was purchased as a package deal and includes flights, accommodation or transfers then the Package Travel Regulations allow a claim to be made in the UK.
What factors will my claim take into account?
When you make a claim, the following three factors will be taken into consideration:
When you talk to your solicitor, all aspects of your experience will be taken into account. For example, if you experience a traffic accident, you may have sustained injuries and had to pay for medical treatment. You may also have experienced additional emotional distress, especially if you are in a foreign country.
These three factors will be taken into account when putting your claim together and you can make a case for claiming your medical expenses back and also receive some remuneration for the discomfort and anxiety experienced as a result.
How do I find the right personal injury solicitor?
As with all types of personal injury claim, it’s important to find a reputable solicitor who has experience of handling similar cases. Look for firms which are APIL(Association of Personal Injury Lawyers) accredited as this means that their solicitors have achieved a certain standard or expertise and competence which has been recognised by APIL’s independent Academic Quality Council.
For more information on personal injury services from ASD, speak to our solicitors today.