As we have covered previously, the number of holiday illness personal injury claims has increased dramatically over the last few years. The situation is seemingly so out of control in some popular holiday destinations that a number of hotels have effectively banned UK holidaymakers.
Unfortunately, the soaring number of fraudulent holiday illness claims as a result of gastric illness and other similar conditions is making it more difficult for bone fide claimants. So, what do you need to be aware of if you have a valid personal injury claim and why is it proving so difficult to pursue those responsible?
Claims Management Companies
Despite the fact that the UK government has clamped down on fraudulent activity within the claims management sector there are reports that this kind of activity is rife overseas. Holidaymakers have talked of uninvited approaches from UK claims management personnel effectively advising them how to make a claim. They allegedly coach “potential customers” about the type of evidence required and how they should cover their backs with regards to the hotel in question. Obviously, not all holidaymakers approached by unscrupulous claims management personnel will pursue a fraudulent claim but many have had their heads turned. We would like to make clear that not all claims management companies are bad, and in fact there are some very good companies in the UK.
Suggestions that thousands of pounds in compensation are awaiting successful claimants and allegations that UK based firms have been cold-calling individuals advising them of a “fund set up to compensate for deficiencies in hotel hygiene” are rife. Even though personal injury claims are now vetted using more sophisticated systems, some hotel companies find it more economical to pay out on personal injury claims rather than go through the courts and rack up potentially thousands of pounds in legal fees.
New UK Regulations Force Fraudsters Overseas
It is ironic that the first major changes to the UK personal injury claims market in many years may well have increased the number of fraudulent claims coming from holidays overseas. The UK government has clamped down on the level of legal fees which can be reclaimed for personal injury claims heard in a UK court. Unfortunately, these new regulations do not cover overseas claims with some experts citing personal injury court cases where the claimant is awarded £5000 in damages but the legal team can claim up to £25,000.
In a perfect world the UK government would simply close this overseas loop hole but with limited jurisdiction over overseas claims there is little the UK authorities can do. They may well be able to approach the European Union but with the UK currently pushing ahead with Brexit it is difficult to see any real assistance forthcoming. So, while the fraudsters continue to pull in potential customers with promises of thousands of pounds in compensation the image of the UK holidaymaker is tarnished yet again.
Social Media
We recently covered the use of social media by defendants and claimants involved in a personal injury court case. Unfortunately, this increase in holiday related personal injury claims has been fuelled yet further by social media with inaccurate posts suggesting there may be potential problems at a particular venue.
Where there have been alleged issues before, this might encourage others to step forward with historic/ future food poisoning claims which, as we suggested above, would cost more to defend than the potential damages awarded. However, social media can also be used to fight blatant lies if people have posted a variety of holiday snaps when they have allegedly been in bed with “food poisoning”. It will be interesting to see how social media is used in years to come in relation to fraudulent personal injury claims as there is no doubt legal teams are monitoring these information portals.
You Should Still Pursue Valid Claims
While the insurance companies and hotels involved might attempt to discourage personal injury claims for illness because of the number of fraudulent claims, you should still pursue a bona fide claim. If for example you have suffered from food poisoning at your holiday hotel it is imperative that you advise the hotel immediately and request written confirmation that they have received your complaint. Some holiday companies will have medical facilities available within their partner hotels and there should be reps around to assist you. It is also imperative that on your return to the UK you immediately visit your own doctor, explain the situation, the symptoms and make sure that everything is put on record.
At this point you can either pursue the claim directly with the hotel/ holiday company or, as many people do, enlist the assistance of a personal injury solicitor. Personal injury solicitors like ours will have been there, done it and know exactly what to do to take your claim further.
Fraudsters Risking Jail
While historically there have been very few instances where small scale fraudsters have been “found out” and faced the full wrath of the law this is beginning to change. Many people involved in fraudulent claims, whether or not they have been coerced by third parties, seem to forget that they are breaking the law, or just do not care, but this is fraud that could result in not only a potentially large fine but also a possible prison sentence depending upon the individual circumstances of each case.
The idea that fraudulent personal injury claims “have no victims” is bizarre to say the least because there are victims. Perfectly reputable hotels may struggle to pay out on fraudulent claims, holiday companies often have their reputation tarnished and insurance company customers will pay via increased premiums. The UK government has at least attempted to clamp down on fraudulent activity in the UK but unfortunately it has no jurisdiction when it comes to overseas matters.
Conclusion
While all of the headlines will suggest that fraudulent personal injury claims by UK holidaymakers have increased significantly, if you have a bona fide claim you should still pursue this through the courts. The questioning may be a little tougher, the insurance company may require more evidence but these actions are not targeted at holiday makers with a valid claim for damages. If you are approached by a third party to “make a claim” just remember that any fraudulent activity will not only come back on the “third party” but also the individual who instigated the claim. This “victimless crime” could actually land you in jail.
