Booking a holiday comes with the expectation that the facilities will be safe and the trip relatively risk-free. However, if you sustain a serious injury as a result of someone else’s actions or the failure of a third party, you might be eligible for compensation.

In this article, International Injury partner Scott Rigby answers common questions about how to bring a legal claim after sustaining an injury in another country.

Can I claim for an accident on holiday?

When you book a holiday, you expect the facilities you pay for to be safe and your trip to be relatively risk-free. If an accident occurs due to someone else’s actions and you get injured, you might be eligible for compensation. Regardless of the jurisdiction, your hotel, campsite or tour operator will legally owe you a duty of care (though the extent of the duty depends on how you booked your trip).

To make a successful holiday accident claim, you need to show that a third party was negligent and this negligence caused you to sustain injuries. Your claim could cover pain and suffering, financial losses and the loss of enjoyment of your holiday. Whatever the grounds, you’ll likely need strong evidence to back up your claim.

What should I do immediately after an accident abroad?

If you’ve been involved in an accident, seek any medical attention you need immediately. Call the police or equivalent authority as soon as the accident happens and ask for a copy of their report. Ask for an interpreter if there is a language barrier.

Take photographs of the scene from different angles if it is safe to do so. Collect witness contact details and get the names and addresses of any witnesses. This information can be used by your lawyer.

If relevant, contact your insurance provider as soon as possible to explain what happened. Most insurance companies require you to report an accident immediately to qualify for benefits under your policy. Keep all paperwork relating to what caused your injury, including receipts for expenses, doctors’ reports and police reports.

Bring your claim as soon as possible and notify your travel insurer. The time limit for making a claim depends on the type of claim, as explained below. Do not accept any offer of compensation without first seeking independent legal advice.

What types of injuries do foreign accident claims cover?

Foreign accident claims can cover a wide range of injuries, including:

• Road accidents: car accidents, motorbike accidents, bicycle accidents and coach trips
• Accidents at hotels: slips, trips and falls, accidents in swimming pools and food poisoning
• Accidents at sea: cruise ship accidents, boating accidents, scuba diving and water sports accidents
• Sporting injuries: skiing, cycling and other winter sports
• Medical negligence: substandard healthcare that has caused or worsened an illness or injury
• Flight-related injuries
• Criminal assault

What happens if I was injured on a flight or a cruise?

You can claim compensation if you sustain injuries while on a flight or a cruise and your injuries were caused by someone else’s negligence, including by employees of the airline or cruise company.

How can I make a travel accident claim?

The process of bringing a claim will differ depending on the nature of your injury.

For example, if you were involved in a road accident in Europe, your claim can currently be settled in UK courts and is protected by EU law, but this may change depending on how certain outstanding post-Brexit issues between the UK and EU are dealt with. You can still make a claim if the road accident took place in a non-EU country, if the journey was organised as part of a package holiday, or if you made the contract for the holiday in the UK.

If you were injured in an accident abroad while carrying out duties under your employment by a UK business, the claim process would work in the same way as an accident at work that occurred in the UK. Our accident abroad solicitors will investigate your working conditions to determine whether your employer was responsible for your injury.

The first step in bringing a claim should always be contacting a specialist international injury solicitor who can advise you on how the process will work.

How long after an accident do I have to make a claim?

The time limit for starting a holiday accident claim varies by country and can sometimes be shorter than you might expect. People who sustain serious injuries in the UK typically have up to three years from the date of the accident to bring legal proceedings.

How long does an accident abroad compensation claim take?

The time it takes to receive compensation for a holiday accident depends on various factors. More serious injury claims usually take longer to settle, while cases where the other party accepts liability may resolve more quickly.

Claims made in different countries or involving parties from multiple jurisdictions tend to be more complex than personal injury claims in the UK due to both differing laws and regulations and the extended time needed to gather evidence. The laws and compensation guidelines of the country where the accident occurred significantly impact the timeline.

Seeking legal advice promptly after the event of injury is crucial to ensure you have enough time to prepare and file your claim.

How much compensation can I claim for a holiday accident?

As no two-holiday accidents are the same, the amount of compensation payable will vary from case to case. A few different factors will determine the amount paid. They include how serious your injuries were, whether they are long-term or life-changing and whether you’ve lost any money.

The easiest way to find out what compensation you could be paid is to let one of our solicitors or specialist advisors look at your case. After it has been reviewed (for free), they should be able to give a compensation estimate.

The part of the holiday accident claim for pain and suffering is called ‘general damages’. When asking for costs, losses or expenses to be paid, you’ll make a ‘special damages’ claim. This could cover medical costs, travel costs and loss of income.

Will making an accident abroad claim leave me out of pocket?

You shouldn’t have to pay anything out of pocket to make an accident abroad claim, as there are options to help you claim without financial risk:

• ‘No-win, no-fee’/conditional fee agreements (CFAs): a solicitor will take out an insurance policy on your behalf that covers all costs if your claim is unsuccessful. You only pay a fee if your claim is successful.,
• Free initial consultation: you can find out if you could make a claim without any cost.
• Trade union membership: if you are a trade union member, you may be entitled to free legal representation and support.
• Legal expenses insurance: You may have cover under a travel insurance policy that will cover legal costs. We would be happy to review any potential policies of insurance.

You can find further information regarding our expertise, experience and team on our  International Injury page.

If you require assistance from our team, please contact us.

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