Going on holiday is an exciting time. Whether you are travelling solo, as a couple, or with family and friends, the thought of exploring new destinations and experiencing different cultures can be thrilling.
Unfortunately, accidents do happen abroad, and people can get injured whilst on holiday. The question is if I am injured as a result of an accident whilst on holiday abroad can I claim compensation in the same way as I would had the accident occurred in the UK?
Generally speaking, a claim for compensation for injuries arising from an accident in a foreign country would have to be pursued in that country under that country’s laws. In order to pursue a claim under their circumstances very specialist legal advice would be required from a firm of solicitors either in the UK who have knowledge of the legal system in the country where the accident occurred. Or, possibly, by instructing the equivalent of solicitors in the country where the accident occurred.
There is, however, one significant exception to what is said above which enables a claim for injuries suffered as a result of an accident in a foreign country to be pursued in England and Wales under our law.
The opportunity to pursue a personal injury claim in the UK is subject to quite specific criteria. The most important thing is that the holiday must be a “package” holiday, i.e., all aspects of the holiday were booked with a travel agent in the UK. This would include travel, accommodation and even excursions and other events whilst on holiday.
The ability to pursue a claim under the Package Holiday Regulations arises where the accident occurs in a way directly related to the services provided within the package that was booked in the UK.
For example, a slipping or tripping accident occurred within the hotel or complex which was booked as part of the package. Contrast this with tripping on a defective pavement that is not part of the premises associated with the package that was booked, any claims for injuries arising under these circumstances would have to be pursued in the country where the accident occurred.
Whilst a claim arising from injuries associated with any element of the pre-booked package are pursued under UK law there is one important variation to pursuing a claim of this nature as opposed to a more conventional claim where the accident occurred in the UK. The standard by which the liability of those providing the services are judged is not the standard in the UK but the local standard. The local standard will vary dependent on the country where the accident occurred and could be very different to what we are accustomed to in the UK.
If you have been injured while on a package holiday, it is important to gather as much evidence as possible to support your claim. This may include taking photographs of the accident scene, obtaining details of witnesses and keeping a record of any costs that you incur, for example, the cost of medical treatment, as a result of the accident.
How Much Compensation Can I Claim?
As a package holiday claim will be pursued in the UK the level of compensation will be the levels payable in the UK not in the country where the accident occurred. The amount of compensation you can claim will depend on the extent of your injuries and how long it is expected to take you to make a full recovery. In addition to damages for pain and suffering, you may also be able to claim for any loss of earnings, medical treatment and rehabilitation that you may require.
When making a holiday accident compensation claim, it is essential to have expert solicitors you can trust. Our experienced accident claims team can provide the support and guidance you need, contact our solicitors about making a holiday accident compensation claim.
We can help in all areas of personal injury litigation and accident claims, whatever the nature of the injury, including the following:
- Accidents at Work
- Road Traffic Accidents (RTA)
- Accidents in Public Places
- Accidents on Private Property
- Package Holiday Accident
- Sports Injuries
- Criminal Injuries