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How Much Compensation For An Accident While On A Packaged Holiday?

By Olivia Walker. Last updated 11th May 2021. Welcome to our package holiday claims guide.

package holiday claims

package holiday claims

 

Going on holiday is supposed to be an exciting time. No one expects to come back feeling depressed and suffering from a serious injury. However, this can sometimes happen if the package holiday firm you have booked with has been negligent.

Your tour operator has a duty to provide you with a safe and healthy trip. If they have failed to do this, and you have been injured, you will be able to make a claim. Read on for further information.

Select a section:

A guide to accident claims for injuries while on a package holiday

Welcome to our package holiday claims guide.

Accidents can happen anywhere. If you have been injured while on holiday, and it was not your fault, not only can it ruin your vacation, but also it can have a lasting impact on your life. No matter whether your injuries are minor or major, it is important to recognise that you deserve compensation for your suffering. This is something we can help you to secure. In this guide, you will find plenty of information regarding accidents abroad international personal injury claims, including details on eligibility, holiday claims loss of enjoyment, accident abroad jurisdiction terms, how to claim, and payout amounts.

Holiday accidents statistics

According to research conducted by the Post Office, an estimated 4.4 million British people were injured in the past three years while on holiday. This is a huge figure, and a lot of these people would have been injured through no fault of their own, making them eligible for accident abroad compensation.

What is a package holiday accident?

Before we look at package holiday claims, let’s look at what package holidays actually are.

If you have come down with an illness or sustained an injury while on a holiday that has been booked through a UK tour operate, you may have the basis for a personal injury claim. This is as per the Package Travel, Package Holiday, and Package Tour Regulations 1992. These regulations provide protection for people who suffer an illness or injury while they are on vacation.

These regulations state that a package holiday is any type of deal that consists of at least two of the following incorporated:

  • Accommodation.
  • Transport.
  • Other tourist services, for example, excursions that make up a large part of the trip.

What to do if you are involved in an accident causing injury while on a package holiday

Injury abroad what to do? If you have been injured while on holiday and wish to make package holiday claims, it is important to try and gather as much evidence as possible.

Of course, first and foremost, you need to get the appropriate medical attention. After which, you should contact your travel insurance provider. You should make note of everything that happened, take photographs of the accident location and your injuries, and get the contact details of anyone that witnessed the incident.

Packaged holiday accident claims – Can I claim compensation?

You are able to launch a personal injury claim if you have been injured through no fault of your own while on holiday within the last three years. It is important to determine whom you are claiming against in such incidents. A package holiday claim is a claim made against a tour operator that has provided you with more than one element of your holiday. If you have not been on a package holiday, we can still help you to claim. Simply get in touch for more information.

Please read on for more information about how to make package holiday claims.

A list of the top 20 holiday destinations

Let’s take a look at some of the most popular holiday destinations for Brits:

  • Turkey
  • Benidorm
  • France
  • Spain
  • Greece
  • Albuferia
  • Salou
  • Gran Canaria
  • Lanzarote
  • Costa Del Sol
  • Portugal
  • Marbella
  • Ibiza
  • Malta
  • Tenerife
  • Algarve
  • Prague
  • Amsterdam
  • Canary Island
  • Dubai

If you have been injured while visiting one of the destinations above, or any other holiday destination, we can help you to secure the compensation you deserve.

Examples of package holiday companies

In this section of our package holiday claims guide, let’s look at some companies that could be liable for your claim.

There are a number of package holiday companies providing their services for those living in the UK. This includes:

  • Cosmos
  • Virgin Holidays
  • Thomson
  • First Choice
  • Thomas Cook
  • Travel Republic
  • Hays Travel
  • EasyJet
  • Travelsupermarket
  • Monarch
  • Lastminute
  • Onthebeach

If you have booked your holiday via one of the companies mentioned, or via a different package holiday firm, get in touch with us today to find out more about making a claim.

How to begin a package holiday injury claim

If you want to start the process of launching package holiday claims for an accident that occurred abroad, all you need to do is give us a call to get started. We will be with you every step of the way. When you call us, we will provide a free consultancy session. This gives you the chance to ask any questions you may have, and it also gives us the opportunity to ask you some questions too. This is simply so that we can find out the facts about your claim, enabling us to provide you with the best advice. We can also arrange a local medical for you if required.

What can I claim if a family member had been in a fatal accident while abroad on holiday?

If a loved one has been involved in a fatal accident on holiday, you will be able to launch a claim for compensation on their behalf. This is something you are able to do if you are a family member of the deceased, or if you are a dependant of the deceased, i.e. the person that passed away provided for you financially.

There are a number of different things you can claim for when it comes to death while on holiday claims, including funeral expenses, general damages, punitive damages, medical expenses, a bereavement award, loss of benefits, future loss of earnings, emotional pain and mental suffering, and long-term adverse effects. We have many years of experience when it comes to fatal accident claims, and we can help you to get the compensation you deserve.

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

If you have been involved in a road traffic accident that was not your fault while on holiday, you may be able to make package holiday claims for your subsequent suffering. This does not only relate to those travelling in a car, but also those using public transport, pedestrians, cyclists, and those travelling via motorbike. So long as you can prove that you were not to blame, you will be able to claim.

If you were injured while on holiday in Europe, the process of claiming is made a lot easier thanks to the 4th EU Motor Directive 2003. This dictates that all European cars need to be listed on one database. This makes it easy to find cars after an accident has happened.

However, if the car cannot be traced, you will still be able to make a claim. The same applies to cases whereby the party at fault does not have insurance. Under such circumstances, The Motor Insurers’ Bureau will pay compensation to the victims of road traffic accidents.

Package holiday slip trip or fall claims

We deal with many different types of accident abroad international package holiday claims, including slip, trip, and fall claims. If you have been involved in a slip, trip, or fall while on holiday, and the incident was not your fault, you will be able to claim compensation. The most important factor in such cases is proving who is to blame for the incident. For example, the local government or council could be to blame if you tripped due to a bad pothole that hadn’t been cordoned off. Alternatively, a local business could be to blame if you slipped on an unmarked wet floor that was unmarked.

My child was injured while we were on a package holiday can we claim compensation?

package holiday claims

package holiday claims

If your child has been injured on holiday, you can claim on their behalf. They are also able to claim once they turn 18. They will have three years from the date of their 18th birthday to do so. Nonetheless, it is better to claim sooner rather than later, as it makes the claim process a lot easier.

We suffered food poisoning while on a package holiday can we claim compensation?

Food poisoning is one of the most common illnesses and injuries sustained while on holiday, which you could be compensated for if you make package holiday claims. If you have sustained food poisoning or any other type of all-inclusive illness during your trip, and it was through no fault of your own, give us a call today to launch a claim.

What can be claimed for after an accident causing injury while on a package holiday?

If you have been injured while on vacation, you can claim for the following:

  • General damages – This is the amount of compensation you will receive for the pain and suffering experienced.
  • Medical expenses.
  • Travel expenses.
  • Loss of earnings.
  • Holiday claims loss of enjoyment
  • Care claim – If you have required help while around the house, the person that has cared for you will be able to file a claim.

The most common types of overseas holiday accidents

Some of the most common types of accidents that occur during package holidays and result in package holiday claims being made are as follows:

  • Sporting injuries abroad, such as watersports, skiing, or jet ski accident abroad.
  • Injuries caused by a defective or substandard rental car and other road accident abroad incidents.
  • Illness caused by poor hotel hygiene.
  • Boat accident abroad.
  • Excursion injuries abroad.
  • Food poisoning from a hotel buffet or restaurant.
  • Injuries caused on foreign transport or coach accident abroad incidents.
  • Swimming pool accidents abroad.
  • Wet flooring or misplaced objects that have caused a slip, trip or fall.

How much compensation will I get after an accident causing injury while on a package holiday?

If you have been injured in a package holiday accident that was not your fault, you will no doubt want to know how much compensation you could be entitled to as part of package holiday claims.

While online tools like personal injury compensation calculators may promise you X amount, they can be inaccurate in their estimations. This is because every case is different and there are many different variables involved, which these tools are not designed to consider.

However, in this section, we’ll present you with the typical compensation amounts for the most common injuries suffered while on holiday. If you cannot find the injury you have sustained in the table below, don’t worry; simply give us a call for further information.

Updated May 2021.

Reason for compensationTypical compensation amountComments
Mental anguish£4,380This payout is given in cases where there is fear of death and expectation of end of life.
Death (full awareness)£11,770 to £22,350Death within 3 months.
Death (followed by unconsciousness)£9,870 to £10,010Death within 2 weeks.
Death (immediate unconsciousness)£1,290 to £2,620Death within 6 weeks.
Illness / damage caused by a non-traumatic injury, for example, food poisoning - severe£36,060 to £49,270This reverse to serious toxicosis, which causes fever, diarrhoea, vomiting, and acute pain. Such cases result in hospital admission, which can last for weeks or days. Some symptoms will be continuing, for example, irritable bowl syndrome, haemorrhoids, and incontinence, and will have an impact on the person’s ability to work and enjoy life.
Illness / damage caused by a non-traumatic injury, for example, food poisoning – serious£8,950 to £18,020This payout is for cases of food poisoning that are serious but short-lived. The individual will experience some symptoms for a few years, for example, disturbance of bowel function, discomfort, and an impact on their enjoyment of food and their sex life.
Illness / damage caused by a non-traumatic injury, for example, food poisoning – moderate£3,710 to £8,950This category is for cases that case fatigue, alteration of bowel function, stomach cramps, and discomfort. The person will make a complete recovery within a year or two.
Minor back injuries£7,410 to £11,730Recovery in 2 - 5 years.
Minor back injuries£2,300 to £7,410Recovery in 3 months - 2 years.
Minor back injuriesUp to £2,300Recovery in 3 months.

No Win No Fee package holiday injury claims

One of the main features of our package holiday claims service is the fact that all of our accident abroad solicitors work on a No Win No Fee basis. This means that everyone has the opportunity to make a claim, irrespective of his or her current financial situation.

Under a No Win No Fee agreement, you only need to pay legal expenses if your claim is a success, in which case you will have your compensation payout to cover the costs. On the other hand, if you were to opt for a solicitor that charged per hour, there is always the risk that you are going to end up with a huge legal bill and no compensation. This is something you do not need to worry about when you work with us.

This also gives you the peace of mind that we will only take on your case if it has a genuine chance of success; we won’t waste your time. Solicitors that charge by the hour are not impacted by the outcome of the personal injury cases they take on. This represents another risk, as they merely take on your claim to take your money, even though they realise the chances of success are slim. Again, this is something you do not need to worry about when you work with us.

Why choose us as your claims service for a package holiday injury claim?

There are many personal injury law firms in the UK but you will struggle to find one that provides a service like we do. Not only do we have years of experience in the industry but we also have a compassionate approach. We care about our clients and we make sure that you are at the heart of everything we do. We know that you are going through a difficult period, and we want to make it easier, not more stressful. We do this by seeking the maximum compensation you deserve in the quickest and most efficient manner. You can focus on your recovery, while we focus on your case.

Of course, if you do have any questions regarding package holiday claims, we are only ever a phone call away.

Call for free advice and to start a claim

If you have been involved in a package holiday accident that was not your fault, and you are ready to make package holiday claims for yourself, all you need to do is give us a call on 0800 073 8804.

You will speak to one of our friendly and experienced advisors that will be more than happy to assist you in any manner they can. We can also answer any queries you may have, be it about the claim process, accident abroad jurisdiction, accident abroad no travel insurance claims, or anything else to do with compensation.

Helpful links

Citizens Advice on accidents and illness when travelling independently

This takes you to the Citizens Guide websites for accidents and illness when travelling independently, including information on what your travel insurance should cover and whom you should contact in an emergency.

Flight Deyal Claims – Find out how much compensation you can claim?

If your flight has been delayed in the last 6 years find out if you can make a flight compensation claim contact one of our legal advisors today.

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

If you have had a accident abrouad find out if you can make a No Win No Fee personal injury claim contact our team today for free advice.

Package Holiday Claims FAQs

What is a package holiday?

As per the Package Travel, Package Holiday, and Package Tour Regulations 1992, a package holiday is any type of deal that consists of at least two of the following incorporated:

  • Accommodation.
  • Transport.
  • Other tourist services, for example, excursions that make up a large part of the trip.

How can I determine negligence?

Typically instances of negligence can be determined using the following criteria:

  1. A third party owed you a legal duty of care
  2. That they failed to uphold for you
  3. And you suffered as a result of this failure

Do I have grounds to make a claim?

Typically, if you’ve suffered as a result of third-party negligence, you could have grounds to make a claim. Please get in touch today to see whether you could be entitled to compensation.

How much compensation could I be entitled to?

It’s impossible to provide an accurate estimate without knowing more about your case, as each payout varies from claim to claim. Please get in touch today for a free consultation to see how much compensation you could be entitled to.

How is compensation valued?

Usually, the severity of damage suffered by the claimant will be used to determine the amount of compensation they’ll be awarded.

What damages can be claimed?

There are 2 heads of damage to personal injury claims; general damages cover physical and mental suffering whereas special damages cover financial losses, including loss of earnings.

Am I supposed to have a solicitor?

There’s no legal requirement to have a solicitor but having one could help you get the maximum compensation that your claim is worth, as well as easing the claims process for you.

How can I contact Legal Expert?

Please call the number at the top of this page or use our live chat. You can find some more options on how to get in touch in the contact section earlier in this guide.

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