Trips abroad are meant to be a time of relaxation and enjoyment, but unfortunately, accidents can and do sometimes happen. If you have been affected by an accident abroad it can be hard to know what to do next. Our team are here to provide you with advice and assistance in relation to making a claim for compensation.
To find out how we can assist you, call us now on 0800 195 95 90 to talk to one of our expert solicitors. We are available 24 hours a day, 7 days a week and are ready to take your call.
Accidents that occur abroad can be difficult to pursue due to varying legislation and difficulties gathering information and evidence once the injured person has returned to the UK. The most common types of claims abroad that we deal with, include:
- Road traffic accidents;
- Cycling accidents;
- Slips, trips and falls on hotel property;
- Food poisoning;
- Injuries incurred on an excursion;
- Accidents on the water (such as jet ski accidents);
- Cruise ship accidents; and
- Aviation accidents (such as, accidents exiting the plane).
These accidents can be traumatic and can cause a lot of interruption to what would otherwise be a relaxing holiday. If you have had your holiday ruined by food poisoning or sickness, click through to our holiday illness claims page for further info of how we can help you get compensation.
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FAQ About Accidents Abroad Claims
CAR ACCIDENTS ABROAD
Whether you are a passenger or a driver, road traffic accidents are traumatic wherever in the world they occur. The injuries suffered could range from minor to life-changing and sometimes tragically, can result in fatal injuries.
Accidents on the road could include a collision with another British citizen or with an EU national; there are different laws which apply to each scenario. In the instance that the collision involves another British citizen, a European Regulation, known as the Rome II Regulation, allows a claim to be brought in the UK courts. However, as the accident occurred overseas, liability is established according to the law of that overseas country.
Alternatively, if the accident involved an EU national, the claim can also be brought before the UK courts as a result of European Motor Insurance Directives. This legislation requires EU insurers to appoint UK representatives to handle claims for compensation involving UK residents. This means that UK residents may be able to bring a claim if they are involved in an accident that was caused by an EU national. The Motor Insurers’ Bureau is the appointed information centre in the UK and keeps a list of all vehicles and insurance policies. They will be able to tell you the UK representative for the foreign insurer.
If you have been involved in a road traffic accident abroad, then it is important that you call the local police and report the incident. In some foreign countries, an incident must be reported before a claim can be pursued. It is sometimes the job of the police to assess who was at fault at the scene of the accident, and so it is important not to admit liability. If you do not understand what the Police are saying, then you should ask for an interpreter to translate for you. This will ensure that there are no misunderstandings due to language barriers.
Having dealt with accidents abroad for many years, our solicitors are incredibly knowledgeable about the complexities of dealing with this type of claim. Our team have previously had success in recovering compensation for injuries sustained in countries including France, Italy, Spain, and Sweden.
You could also be involved in an accident on a coach excursion or on public transport in a foreign country. If this is the case, then you may also be able to claim compensation. For more information, call our freephone number 0800 195 9590 to talk to one of our experts.
CYCLING ACCIDENT ABROAD
With the huge uptake in cycling in recently years, we have seen the number of British tour operators offering EU cyclist training camps increase. Cyclists and tour operators often refer to training camps as cycling holidays as cyclists travel to warmer climes with their bikes. They generally take place just before the start of the competitive season and motivate cyclists to get out training throughout the winter months before their trip.
Unfortunately, on intensive road trips, accidents can happen. We have represented a number of cyclists that have been injured in road accidents while attending a EU training camp.
Because of varying legislation depending on where your accident occurred and who was to blame for the accident, we recommend you call our team on freephone 0800 195 9590 for specialist advice based on the individual details of your accident.
SLIPS, TRIPS & FALLS
When on holiday, a lot of tourists enjoy staying at hotels with pool facilities, where they can relax in a sun lounger to their hearts content. However, sometimes problems can occur due to wet flooring or misplaced objects, and that is often when an accident occurs. Unfortunately, slips, trips and falls are quite common on hotel or resort property, and can lead to serious injuries being sustained.
Hotels often have marble flooring which helps to keep the building cool in the heat. Slipping accidents are a common occurrence on these marble floors when they become wet due to spilt drinks or pool water dripping off other guests onto the floor.
Trips in hotels can happen when objects have been misplaced and left in an inconvenient place. For instance, wires or cables which trail along the floor and may be hard to notice. They may also occur in poorly lit stairwells, on broken floor tiles, or because of broken drainage covers.
It is the hotel’s duty to make sure that the premises are safe for all guests to enjoy, this includes the routine cleaning and maintenance of the flooring. Slips and trips can be severe and can lead to serious injuries, such as fractures, breaks and even head or brain injury. This accident can be traumatic when it happens in the UK, and so we understand how worried you must be when it occurs in a foreign country.
A claim for personal injury may be brought against the hotel itself, but the relevant law and courts are those of the country in which the accident occurred. However, UK residents may be able to bring the claim before a UK court if the holiday was booked as part of a package holiday.
Package holidays usually include travel arrangements, accommodation and other tourist services, such as excursions. If your holiday was booked as part of a package, then you may be able to claim against the tour operator for any accident that you suffer abroad. If you are not sure whether or not your holiday was a package, or whether you can make a claim for a slip or trip on hotel property, then we recommend calling our specialist team on 0800 195 9590 to get advice specific to your case.
When visiting a foreign country, a good way to immerse yourself in the local culture is to try the local food. Many hotels provide a wide selection of food at their buffets. The way that some hotels cook, prepare or store food can cause it to become contaminated with bacteria and consequently can lead to food poisoning.
Food poisoning when far from home is a distressing thought for many travellers. Common symptoms include diarrhoea, stomach cramps, fatigue and vomiting and vary in each individual case. Cases of infection can also develop into long-term illness such as irritable bowel syndrome or chronic fatigue syndrome.
Under ‘The Package Travel, Package Holidays and Package Tours Regulations 1992’ our team can help you recover compensation if you suffer food poisoning whilst on holiday, due to the hotel’s negligence. For more information about making a holiday illness claim, you can visit our holiday illness page here.
INJURIES ON AN EXCURSION
Excursions are fun ways in which you can explore the many sights and attractions of a foreign place when you are on holiday. These are usually organised by the tour operator and offered to you by their representative upon arriving at your holiday destination. As fun as they may be, not all excursions go to plan, and this could lead to you or someone else suffering personal injury as a result.
Excursions may include:
- Hiking and climbing;
- Water sports;
- Quad biking;
- Boat rides; and
- Scuba diving.
The organiser of the excursion is responsible for the safety of all attending. Consequently, if you suffer personal injury while on an excursion, you may be entitled to compensation. If the expedition was organised by the tour operator, then a claim for personal injury can be brought against them in the UK. If you have been involved in an accident while on an excursion that is not listed above, then we still may be able to help. For advice on whether you can claim for an injury suffered on an excursion, call our specialist team on the freephone number 0800 195 9590.
ACCIDENTS ON THE WATER
Accidents on the water may occur when taking part in water sports, such as parasailing, jet-skis, water-skiing, wind surfing or kite surfing. These activities can be really fun for holidaymakers, but can result in serious injuries if something goes wrong. Accidents can occur when jet-ski users crash into each other, or when kite surfers collide, and these can lead to disastrous injuries for all involved.
Water activities can come as arranged excursions, if this is the case then we may be able to help you make a claim against the tour operator for personal injury. If you are unsure whether the accident occurred as part of an arranged excursion, then we recommend calling our friendly team on 0800 195 9590 who will be able to offer advice tailored to your situation.
CRUISE SHIP ACCIDENTS
Cruise ships are a good way of experiencing a variety of holiday destinations. Unfortunately, much like other holidays, accidents can happen, and this can leave you feeling like you’ve not had time to relax and had a bad holiday experience.
Accidents which could occur on a cruise ship may involve, falling objects, swimming pool accidents, faulty equipment, or slips, trips and falls. All of these may result in traumatic injuries and can ruin what would otherwise be a good holiday. Poorly maintained areas of the ship may also lead to accidents, for instance, barriers surrounding decks if not fitted properly could lead to someone falling overboard.
The law surrounding cruise ship accidents is slightly different to that relating to hotels and resorts. Instead of making a claim against the tour provider, a claim can be made against the organiser of the cruise. The Athens Convention applies to EU member states and was adopted by the UK in 1996. This Convention provides that the operators of seagoing vessels is the responsibility of the cruise operator to ensure the safety of all the people on the cruise, and prevent maritime related accidents, such as shipwreck, collision, stranding, explosion, fire or defect in the ship. The date for making a claim against a Cruise Ship is shorter than for a normal injury claim. We recommend you contact us as soon as possible.
Claims may also be brought under “The Package Travel, Package Holiday and Package Tour Regulations 1992” against the holiday provider if the cruise formed part of a package holiday. For more information, or to find out whether you can make a claim for personal injury sustained on a cruise ship, call 0800 195 9590 to talk to an expert about your accident.
Accidents may happen while you are on travelling to your holiday destination. Flights can be scary enough for some passengers without things going wrong. An accident may occur on the way to or from your holiday destination. Aviation accidents can include a variety of factors, including:
- Falling objects from overhead lockers;
- Spillage of food or drink by airline crew;
- Slips, trips or falls;
- Turbulence; and
- Plane crash (on the runway or in the air)
If you have been involved in an accident on a plane, then you may be able to make a claim for personal injury. Much like accidents occurring on cruise holidays, the law relating to airline accidents is different to that in a hotel or resort. The Montreal Convention applies to aviation accidents and allows people to claim against the airline provider for injuries sustained while you are a passenger on a plane.
The date for making a claim against an Airline is shorter than for a normal injury claim. We recommend you contact us as soon as possible.
Claims may be able to be brought under “The Package Travel, Package Holiday and Package Tour Regulations 1992” against the holiday provider. It is common for some tour operators to provide airline services, and so a claim can be brought against them for the accidents sustained on a plane. To find our whether or not you can make a claim for an aviation accident, call 0800 195 9590 to talk to one of our friendly team about your accident.
Unfortunately, accidents abroad can happen, and when they do they can ruin an otherwise fun and relaxing holiday. If you believe you have a claim for an accident abroad that you have been affected by, call us for free on 0800 195 95 90 and discuss your claim with one of our expert solicitors. We are available 24 hours a day, 7 days a week and are ready to take your call.
ACCIDENTS ON A PACKAGED HOLIDAY
If the accident you suffered abroad occurred whilst on a package holiday, your tour operator may be bound by “The Package Travel, Package Holidays and Package Tours Regulations 1992”. This means that they have a duty of care to deliver the highest level of safety to you and those that you are travelling with. The regulations are in place to ensure that if you do suffer an accident abroad, not only will you be able to claim compensation from your tour operator, but you will also be able to pursue your claim in the UK courts.
Whatever type of injury you or someone close to you have suffered we are to assist you and ensure that you receive the most appropriate compensation for the injuries sustained.
We are here to help whether your case involves a clear-cut claim for damages, or a complex claim that requires future care and rehabilitation arrangements. With any claim, we will also work to ensure the victim is not only fully compensated for any injuries sustained, but also for any other unexpected expenditure you have incurred as a result of the accident abroad.
MAKING A CLAIM
Smith Jones Solicitors was established in 1988, and ever since, solicitors have developed the expertise needed to maximise the amount of compensation our clients receive for personal injury sustained in accidents abroad.
Most claims are funded through a no win, no fee agreement, in order to limit the financial risk to you. Our legal costs are only payable if your claim is successful. Any costs are deducted from the final settlement award, and are capped to ensure that you retain the majority of the compensation awarded. No payments will be necessary from you, until your claim succeeds. In the event that your claim is unsuccessful, you will not have to pay our legal costs, to ensure that your claim bares no financial risk.¹³
For you to make a full recovery, you may require further treatment or rehabilitation. Our specialist team work closely with medical experts to get you the best treatment and rehabilitation. This may include any physiotherapy you may need to alleviate the pain or symptoms and get your life back on track following an accident. To help us gain a thorough assessment of your needs, we request a medical report from a professional, so we can provide treatment specific to your situation. We can also help you claim for the cost of any adaptions you may need to help you after your accident, such as crutches, wheelchairs, and walking frames.
If your injury has ruined your holiday, we may also be able to help you claim back the cost of the holiday, and any other expenses you have faced as a result. Our expertise gives us the knowledge to get you the maximum amount of compensation you deserve, and our team can help you return to normal following an accident abroad.
HOW SMITH JONES CAN HELP
When pursuing a claim for personal injury, the more information you can provide to us, the better your chances of being properly compensated for your injuries.
Different information may be required depending on the type of accident you have been involved in. For instance, following a road traffic accident, drivers in the UK should stop and exchange details. This is the same in an accident abroad. The police may also be required to attend and will take details of the accident. If it is possible, you should try and get a copy of any police report. This will have all the details of the accident and may even indicate who was at fault.
To help in your claim for compensation, you should take as many details as possible. We advise that you:
- Take photographs of the accident scene;
- Obtain information from any witnesses at the scene;
- Retain booking documents and your ATOL certificate;
- Take photographs of any injuries after the accident;
- Keep any receipts for costs you have incurred as a result of the accident. For instance, receipts for any treatment you received, prescription costs or travel expenses;
- Letter from your employer stating the amount of time you have been absent from work and the income lost as a result;
- A diary of symptoms, hospital appointments, how long you spent in hospital, and the pain and discomfort that attending appointments causes; and
- A record of how you are feeling and the difficulties you now face each day because of the injuries you suffered.