Can you make a claim for compensation following an accident on holiday?

A holiday is supposed to be an opportunity to relax, enjoy yourself and leave your worries at home for a couple of weeks. However, every year, hundreds of people are injured whilst abroad and for many of them, compensation for those injuries or the cost of treatment whilst abroad is a major issue. There are certain areas you can check beforehand that may be beneficial if the worst should happen while you are away, but the first piece of advice is always talk to a claims specialist as soon as you can on your return.

If you have booked a package holiday through a tour operator in the UK and what you were doing at the time of the injury was part of that package, then you may be able to make an injury compensation claim against the tour operator for your injuries and any other related financial losses. In this situation, the claim would fall under the jurisdiction of the UK courts and can therefore be handled by UK solicitors experienced in these types of injury claims.

Under the Package Travel, Package Holidays and Package Tours Regulations 1992, a tour operator can be held responsible for all of the services provided as part of a package holiday. This can include the hotel accommodation including the food provided and any facilities such as swimming pools, cruises, air travel, coach or car transfers and excursions booked as part of the main holiday package. The regulations relate to all package holidays, both abroad and in the UK and also offer a degree of protection to business travellers.

However, the regulations do not apply to all personal injury claims that happen abroad. If you booked your travel and accommodation separately, then any injury compensation claim would have to be pursued against the negligent party directly, using the local legal system. This can be extremely difficult, particularly if you have since returned to the UK and some time has elapsed between the incident and your pursuit of a claim. Additional excursions booked by yourself whilst at the location are also not covered under the regulations, making it difficult to pursue a claim in this instance.

Holiday injuries are a complex and difficult area and expert advice is absolutely essential if you wish to pursue any kind of claim. Often, your tour operator will provide you with full details of what they can and can't be held accountable for, so it is one of those times when reading the small print is a worthwhile exercise. Ensuring that you have insurance, medical cover and that all your paperwork is in order before you go on holiday is also vital.

So if you do have an accident abroad, how can you make sure that you stand a better chance of receiving the compensation you deserve? The first thing to do is to make sure that the authorities in that country are fully informed of the situation, that you have witnesses and preferably photographic evidence to back up your claim. Most people carry a camera on holiday so use it to your advantage. If necessary, take advice at the time from the British Consulate or representative in the country so that you have a clear 'paper trail' of the whole incident.

If you receive treatment for your injuries while abroad, make sure you get the names of everyone treating you to make it easier for your solicitor to contact them after the event. Treat an accident abroad in the same way that you would an accident at home and you stand a far better chance of receiving the compensation you deserve. You may have to be patient and determined, but an experienced solicitor will be able to guide you through the process one step at a time.