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Holiday Accident Abroad Claims Guide – How Much Compensation Can I Claim?

By Cat Way. Last Updated 28th June 2023. Welcome to our guide to holiday accident claims. We know that any type of injury can be distressing, but emotions can be heightened on holiday. After all, holidays are supposed to be fun, and you have probably spent a decent amount of money on your trip.

When something you have been looking forward to for so long goes wrong, it can be incredibly upsetting. Plus, there’s the trauma of suffering a holiday accident in a place that you are unfamiliar with.

We appreciate just how upsetting and stressful an accident on holiday can be, which is why we are dedicated to securing the compensation you deserve. You can speak to one of our experienced and friendly legal advisors by calling 0800 073 8804. They will happily explain the detailed process and help you every step of the way. You can also contact us through our website or contact us using the chat window now on your screen.

In the meantime, for more information on making holiday accident claims, read on.

Select a section:

A guide to holiday accident claims for accidents abroad

No matter whether you have broken a bone on holiday abroad or been involved in a motorbike accident abroad, you may have questions about the claim process, how much compensation you can secure, and what to do after the incident. You

Holiday accident

Holiday accident

have come to the right place.

Our team of accident abroad solicitors have extensive years of experience in the industry, and we have secured compensation for many personal injury victims over the years. We work on a No Win No Fee basis, and put our customers at the heart of everything we do.

Irrespective of the type of accident you have been involved in, you can rest assured that we can help you get the maximum amount of compensation you deserve for your holiday accident claims.

What to do if you are involved in a holiday accident abroad

Injured while on holiday abroad, what to do next? If you have been involved in an accident while on holiday, it is crucial to gather as much evidence as possible. This includes:

  • Gathering any information you can regarding the medical treatment you received at the time of the accident.
  • Making a note of the injuries you have sustained.
  • Keep proof of any expenses you have incurred because of the accident you were involved in.
  • If you have been involved in a car accident, talk to the driver who caused it – get their details and write down their vehicle details. Also, note the company that owns the vehicle.
  • Noting the contact details of any witnesses.
  • Writing down or sketching the scene of your holiday accident, such as the hotel grounds.
  • Taking photographs of what caused your accident as well as your injuries (if visible).

Don’t panic if you are unable to gather all of the above evidence. Do your best, and then get in touch with us, and we will advise you on the next steps. If you have any queries about holiday accident claims, you can contact us for free at a time that works for you using the above details.

Packaged holiday accident claims – Can I claim compensation?

Suppose you have been involved in an accident on a package holiday. In that case, it is crucial to determine whether your accident is covered by the Package Travel, Package Holidays and Package Tour Regulations 1992.

Your excursion, trip, or holiday may fall under these regulations if:

  • It includes a combination of at least two of the following: accommodation, transport, and any other type of tourist service that is not linked to accommodation and transport, for example, an activity or excursion. At least two of those must have been arranged as a package before your holiday began.
  • You paid a single company for it under one invoice.
  • It included overnight accommodation or lasted for more than 24 hours.

So, why does it matter if your holiday accident is covered by the Package Travel, Package Holidays, and Package Tour Regulations 1992? When the regulations are applicable, direct responsibility can be placed on the tour operator for any personal injury sustained or accident you have been involved in so long as it occurred through someone else’s negligence.

This is applicable no matter whether your holiday was outside the UK or within the UK. It also applies to any illness you have suffered while on vacation, for instance, legionnaires disease or food poisoning.

These regulations can be beneficial in terms of an accident abroad jurisdiction. It means you can bring the claim within England and Wales and claim for a compensation fee agreement under UK law.

To learn more about making holiday accident claims, please contact our team for free legal advice. They can give you an estimate for the injured overseas compensation you could receive and even put you through to holiday accident solicitors who could help you.

How to begin your claim for injured overseas compensation

If you want to claim for an accident on holiday, all you need to do is give us a call. We will talk you through the process as authorised and regulated by the holiday accident solicitors we work with. And we will ensure that we have everything required to launch a successful compensation claim.

We provide everyone with a free consultation, whereby you can ask any questions you have. We will ask you questions to understand the accident you were involved in and give you a thorough assessment of your case and your likelihood of securing compensation. Also, we can arrange a local medical for you if this is required.

If we believe your holiday accident claims are strong enough to secure injury compensation, we will assign you to one of our experienced No Win No Fee solicitors. We won’t waste your time if we know that compensation is not a possibility.

Accident Abroad Compensation – How Long Do I Have To Claim?

If you wish to make a claim for an accident on holiday, it’s important to be aware of the time limits involved. The general time limit according to the law in the UK is that you have 3 years from the date of the accident in which to begin a claim. This is stated in the Limitation Act 1980. There can however be some exceptions for scenarios such as injuries to children or those with a reduced mental capacity.

If your trip was part of a package holiday, then this time limit is upheld, as per the Package Travel and Linked Travel Arrangements Regulations 2018. A package holiday is when you make more than one purchase relating to the holiday under the same transaction. For an example, some holiday providers may bundle together the cost of a flight and a hotel – this would be a package holiday. Even an excursion and a flight being paid for via the same transaction would be categorised as a package deal.

It’s also possible that you book a hotel or flight, and then the provider also suggests excursions and other activities that are available to purchase once the transaction is complete. If you follow the suggestion and make the additional purchase, then this would be known as a linked travel arrangement – these are covered by the same legislation as mentioned above.

This means the time limit remains typically at 3 years, unless the flight, hotel, or excursion was made in a separate purchase. If this is the case, the time limit will vary depending on the country in which you were injured.

Accidents in the air and at sea

When making holiday accident claims for an injury during a flight, we can turn to the Montreal Convention. It states that the time limit to make a claim for an injury in this scenario is 2 years. Under the Athens Convention, the time limit is also 2 years if you were injured at sea.

If you wish to make a claim for an accident on holiday, but are unsure of the time limits involved, get in touch with our advisors today. If you’re confused, we can explain your situation to you.

I have had a slip, trip or fall abroad can I claim compensation?

If you have been involved in a slip, trip or fall abroad, you may be able to claim compensation, so long as you can prove that you can prove that the injury was caused by third-party negligence.

For any claim to be eligible for a payout, you need to verify that the accident occurred due to someone else’s negligence or carelessness, that it happened within the last three years and that you have seen a doctor for your injuries.

However, the blame for a slip, trip, or fall will depend on where you have been injured and how the accident happened. If you fell in a car park due to poor maintenance and potholes, the car park owner would be responsible. Please talk to our specialist solicitors for further information about claiming compensation after a holiday accident.

Who can make accident abroad claims if a family member has been in a fatal accident on holiday?

If someone you love has been involved in an accident on holiday that has been fatal, you will be able to claim on their behalf. You can claim if you are a deceased family member or a dependant of the deceased, such as their child, partner, spouse, or another family member who relied on the deceased for financial assistance.

Fatal accidents on holiday can result in compensation being awarded for the following:

  • Bereavement award.
  • Funeral expenses.
  • Medical expenses.
  • Punitive damages.
  • General damages.
  • Financial losses.

Involved in a road accident abroad while on holiday can I claim compensation?

If you have been involved in a car accident while on holiday and it was not your fault, we can assist with any holiday accident claims. We can also help with a coach or bus accident abroad and any other type of transport incidents.

It is much easier for us to launch road traffic accident claims abroad nowadays, especially if an accident occurred in Europe. The 4th EU Motor Directive 2003 states that all European vehicles need to be listed on a singular database. This means that the car at fault can be found with greater ease if a holiday accident does occur.

This is important because you could, for instance, suffer a traffic accident abroad that could cause you a serious, life-changing injury.

Here is a list of the top holiday destinations

Examples of package holiday companies

  • Thomas Cook
  • First Choice
  • Thomson
  • Virgin Holidays
  • Cosmos
  • On The Beach
  • Lastminute
  • Monarch
  • Travelsupermarket
  • Easyjet
  • Hays Travel
  • Travel Republic

What are the most common holiday accidents?

Let’s consider the possible incidents that may instigate holiday accident claims. So, many different types of accidents can occur when someone is on holiday, including:

  • Sporting injuries abroad, such as those caused while participating in watersports or skiing.
  • Injuries caused by defective or substandard rental cars.
  • Illness caused by poor hygiene at your accommodation.
  • Food poisoning.
  • Swimming pool accidents abroad.
  • Excursion injuries abroad.
  • Injuries sustained while using foreign transport.
  • Misplaced objects or wet floors that have resulted in a slip, trip, or fall.
  • Car Accidents
  • Road Traffic Accidents
  • Traffic accident abroad
  • Motorcycle accident abroad.

If the injury, accident or illness you have sustained does not fall into one of the above categories, don’t worry. The most crucial factor is being able to prove that someone else was to blame for your accident.

If you are unsure whether you’re entitled to compensation, all you need to do is give us a call. We’ll happily explain your chances of claiming compensation, with any further action authorised and regulated by the holiday accident solicitors we work with.

Accident Abroad Claim – Payout Examples

If your accident abroad claim is successful, your settlement may consist of general and special damages.

General damages compensate you for the pain and suffering you have suffered due to your injury, as well as how this may have impacted your quality of life. This can include both physical and mental injuries.

To help you gain a clearer understanding of how much you could receive in general damages, we have created the following table. When creating this table, we have used the figures listed in the latest edition of the Judicial College Guidelines (JCG), updated in April 2022. The JCG is used by various legal professionals to help them value claims.

However, you should only use this table as a guide. How much compensation you could receive will depend on the various factors affecting your case.

Edit
Injury Type Notes Amount
Other Arm Injuries (b) One or both forearms have sustained a serious fracture that causes a permanent residual disability. £39,170 to £59,860
Other Arm Injuries (d) Simple fractures of the forearm. £6,610 to £19,200
Chest Injuries (c) Some continuing disability caused by damage to lungs and chest. £31,310 to £54,830
Chest Injuries (g) Soft tissue injury or rib fractures that cause a serious disability and pain for a few weeks. Up to £3,950
Hand Injuries (f) Severe fractures to fingers. This could require partial amputation and lead to grip impairment and deformity. Up to £36,740
Moderate Knee Injuries (i) Dislocation or torn cartilage/meniscus injuries which could result in a mild future disability. £14,840 to £26,190
Foot Injuries (f) A permanent foot deformity due to displaced metatarsal fractures. £13,740 to £24,990
Moderate Psychiatric Damage (c) Improvement of symptoms by the time of trial, and a good prognosis. £5,860 to £19,070
Minor Head Injury (e) Little if any brain damage. Various factors will determine how much is awarded, such as the severity of the initial injury and any continuing symptoms. £2,210 to £12,770
Less Severe PTSD (d) A full recovery within one to two years. £3,950 to £8,180

Additionally, when making an accident claim for when you were abroad and injured, you may also receive special damages. Special damages compensate you for any of the financial losses caused by your injuries. Some examples include:

  • Loss of earnings.
  • Medical expenses.
  • Travel expenses.

Just like with general damages, providing evidence of these financial losses could help support your claim, e.g. payslips, receipts and invoices.

Contact our advisors today for more information regarding accident abroad claims.

No Win No Fee Legal Representation For Holiday Claims

You may be interested in working with a solicitor on your claim for an accident abroad. One of our solicitors could help you make an injury on holiday claim under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract.

By working under a CFA, you can access the services of a solicitor without being asked to pay any fees for their work, either upfront or throughout the claims process. Similarly, if your claim fails, the solicitor won’t take a fee for their work on your claim.

If your claim succeeds and you receive compensation, then your solicitor will deduct a success fee. This is a small percentage which has a legal cap, allowing you to keep the majority of what you are awarded.

Working with a solicitor can come with a lot of benefits. To find out if you could be entitled to work with a legal professional from our team, contact our advisors today. They can evaluate your claim for free, and can offer advice on the holiday claims process. To get started, you can:

Holiday Accident Claims FAQs

Will I have to pay for medical treatment? 

When planning a holiday, often the first thing on our minds is keeping the costs down. This might lead you to wonder if travel insurance is really necessary. But when you look at the cost that being injured in a foreign country can incur, travel insurance can help give you peace of mind for your travels.

Is there a time limit on holiday accident claims?

Yes. You have a maximum period of three years in which you can make a claim for an injury or illness whilst on holiday.

What is the earliest point that I could file a claim?

You could make a claim as soon as you wish after the accident, so long as you have substantial evidence.

Helpful links

NHS Cover your healthcare abroad

This NHS link reveals the steps you need to take to cover your healthcare abroad, with individual country guides as well as information on applying for a free European Health Insurance Card (EHIC).

Car Accident Claims How Much Compensation Can I Claim?

If you have had a car accident whilst abroad, find out if you can claim compensation. Contact us today.

Flight Delay Compensation Claims How To Claim?

Has your flight been delayed or cancelled? Get the compensation you deserve.

Cruise Ship Accident Claims How To Claim?

A guide to claiming compensation for an accident on a cruise ship.

Skiing Accident Compensation Claims

See this guide on compensation following a skiing accident.

Abdominal Injury Compensation Claims

Find out if you could claim

As well as the personal injury guides above, we also have some other resources you may find helpful:

Thank you for reading our guide on holiday accident claims.

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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