As we move into spring and head towards the summer many people will be thinking of their overseas summer holidays and time away from work.
There are obviously many aspects to consider when booking a holiday but for some people, personal injury claims will come into play through no fault of their own. It is therefore imperative that you are fully aware of your rights, the risks and what you should do in the event of a personal injury which was not your fault. So, what is the claims process when you suffer a personal injury claim on holiday?
Package holidays And Independent Travellers
Before we look at the details of your rights and the claims process if you suffer a personal injury overseas it is important to make the distinction between a package holiday and one which you have organised yourself.
Those who use package holiday companies are protected by an array of special regulations which we will discuss in more detail below. If you are an independent traveller, i.e. have arranged your own flights, accommodation and services then you do not have the same level of cover as you would through a package holiday company. However, while many people might assume your protection is minimal you are still protected by general consumer law.
As adventure holidays grow in popularity this is a more specialist area and you should clarify the level of cover offered by your travel provider. You should also be fully aware of the risks with adventure holidays as certain situations may not be covered.
The Location Of Your Accident
The first issue to cover is where your accident occurred and whether indeed there is any liability on your package holiday company.
This is fairly simple because if you were injured due to no fault of your own in a hotel complex or an excursion/event organised by the package holiday company then you may have a claim. To give you a basic example, if you were to trip on some badly maintained flooring within the hotel complex then it is likely that your package holiday company could be held responsible. If however, you suffered a similar injury outside of the hotel complex, while not on an official excursion, then it is unlikely you would have a case.
Details Surrounding An Accident
As with any other personal injury claim there needs to be fault with a third party if you’re able to claim any compensation. The situation regarding holiday claims abroad can be slightly more complicated because many people may be inebriated or they may break safety rules when using hotel pools and other equipment. This can be something of a grey area but the reality is that individuals will on occasion be held liable for their own actions as opposed to blaming a third party when there is very little they could do.
If we look at more straightforward personal injury claims from a legal point of view the hotel company and excursion agents are deemed to be “representatives” of the package holiday company you dealt with. Therefore, in the eyes of the law they are seen as an extension of the package holiday company and if for example you tripped on badly maintained flooring in your hotel, with insufficient safety warnings, there’s a good chance you can make a claim for a personal injury.
There is an array of other issues which you may be able to claim for including food poisoning, accidents due to badly maintained accommodation and possibly overcrowding and the safety issues this can lead to.
Reporting And Record-keeping
We published a blog post recently which claimed that UK holidaymakers have been barred from various hotels in areas such as Turkey because of excessive personal injury claims after the event. The problem here was that “victims” did not report their injuries until weeks or months later by which time it was difficult to clarify the evidence. However, the cost of defending claims in the courts was seen as excessive compared to the potential out-of-court settlements which could be organised. As a result, there is speculation that a number of potentially fraudulent claims were settled due to the financial implications in defending them.
Should you have an accident this should be reported to the package holiday company rep in your resort/ the company’s UK head office as well as the hotel management on site. All companies are legally obliged to record accidents and you should ensure your accident is recorded in an official “accident book” and ask for a copy of the entry. This is evidence that you have reported your accident and it will also give details which will be invaluable further down the line.
If your accident requires medical assistance it is also vital that you request this as soon as possible and retain a copy of receipts and medical records. This can sometimes be difficult but it is imperative that you pursue written evidence and keep your receipts to strengthen your case. Good advice from the CAB also advises that you:-
- Obtain the names and addresses of third parties who witnessed your injury and would be willing to vouch on your behalf.
- Where possible obtain photographic evidence of the scene and what may have caused your accident. If in doubt use your mobile phone to take photographic evidence and ensure this is retained for the future.
- Any written notes you can make about the scene of your accident and the details will again help to strengthen your case going forward.
- When your medical treatment has been completed, as we mentioned above, a report from the doctor will be a vital element of your claim.
It is also imperative that you contact your travel insurance provider and give them full details of your accident and any evidence you have. This evidence may be photographic as well as a copy of your entry in an official accident book. As with any accident back in the UK, time is of the essence and you should report the incident as soon as possible as a delay could invalidate your insurance cover.
Additional Compensation Claims
In reality, you should treat any accident overseas as you would one which had occurred in the UK. This means that not only may you be able to claim for injuries incurred because of negligence but there may be a case to claim for:-
- Holiday disruption – did the injury result in a loss of enjoyment of your break?
- Additional expenses – transport costs, medical costs and other associated costs may be reclaimed.
- Loss of earnings – in the event of a serious injury there may also be a case for loss of earnings.
When You Get Home
Once you returned from your holiday the key is to obtain legal advice as soon as possible and contact the relevant parties with your claim (your insurance company may be able to assist you). Many people assume that accidents which happen overseas during package holiday breaks are not covered by UK legislation. As we mentioned above, whether this is a hotel company or excursion agent, if they are part of the overall package then legally they are seen as a representative of your holiday provider. As a consequence of simple ignorance, there may be many perfectly legitimate personal injury claims which go unpursued.
The reality for package holiday companies is that while they may be found liable for personal injury claims made by their customers they will simply sue their overseas “representatives”, such as the hotel, excursion agent, etc to reclaim any injury awards.
