If you, or a family member, have had an accident while on holiday or travelling overseas for work, you may be entitled to claim compensation. Our specialist travel and foreign claims team can help you to understand what you are entitled to claim in compensation where the accident happens as a result of someone else’s negligence.
When can a claim for an accident abroad be brought?
Travel and foreign claims encompasses a wide variety of accident and personal injury claims. Some examples where we have been able to help include;
- car accidents abroad;
- overseas ‘hit and run’ accidents;
- overseas cycling accidents;
- brain injuries caused by a foreign driver;
- slips, trips and falls at a hotel abroad;
- accidents on-board an aircraft or at an airport;
- accidents on-board a cruise ship or passenger ferry;
- accidents whilst working abroad;
- accidents against a tour operator;
- accidents in the UK whilst on holiday.
Get in touch with our specialist solicitors to find out whether you can make a claim for an accident that took place overseas. It is possible to claim for accidents that occurred both within Europe, and internationally; across the United States, Asia, South America, the Middle East and Australia.
Within Europe, European law provides additional protection for claims against foreign motor vehicle insurers and this is expected to continue even if the UK leaves the European Union.
International personal injury claims can be brought when you return home, often in England & Wales. However, in some cases it may be appropriate to bring your claim overseas and we can advise you at the outset and ensure you are aware of your rights.
We will explain how and where you can bring your claim and advise you on the differences between claims brought at home and abroad.
How much compensation might I receive for a claim for an accident abroad?
The amount of compensation you might be able to claim will depend on what type of accident you had, where it happened, and whether you were travelling independently or with a tour operator. The nature and extent of the injuries you suffered also, of course, has a bearing on your claim.
In addition factors such as any loss of earnings, any medical expenses or care and support needs will affect the overall damages.
Where you have an accident while on holiday it may be possible to recover some, if not all, of the cost of the trip and travel, as well as the loss of enjoyment you and your family experienced.
How can I pay for my claim?
We can assess your claim on a ‘no win, no fee’ basis and review any insurance policies you may have which could assist with your legal expenses.
If you do not have any insurance and we believe you have a good claim, we can offer a ‘no win, no fee’ agreement, which we will explain to you clearly. We do not ask for any money up front and you will only have to pay if you are successful.
What is the process of bringing a claim for an accident abroad, and how long might it take?
Firstly we will investigate the circumstances of your accident abroad and determine who is responsible. We will then consider the extent of your injuries and assess your rehabilitation needs.
We will always try to help you obtain interim payments where appropriate, to ensure you can pay for treatment, equipment and other items you may need to help your recovery while the claim is ongoing.
The overall length of a claim will depend on whether the responsible party accept they are at fault for the accident and the complexity of your injuries; however we will keep you informed throughout the process.
How long do I have to bring my claim for an accident abroad?
Depending on where you had the accident and the circumstances involved there are different time limits that apply. One of the first steps we take with you is to establish all of the accident circumstances and advise which jurisdiction, local laws and procedure will apply.
Time limits, also known as limitation periods, can vary a great deal between different countries and sometimes even between different states within a country. It is important that you get in touch as soon as possible, to find out more and ensure you remain entitled to claim compensation.
What else might I need to consider when bringing a claim for an accident abroad?
Our specialist Personal Injury team has the necessary experience and connections with overseas lawyers, experts and translators to help guide you through the process. We also have foreign language speakers within the team and specialise in dealing with very serious and complex accidents, so you can be certain that your claim will be handled professionally and with sensitivity.
We have been very happy with the service provided and would have no hesitation in recommending your company to friends/family
If you booked your claim through a tour operator or a package holiday provider you can often bring a claim against them directly; whether you had the accident at a hotel, onboard an aircraft, during an airport transfer, or whilst on an excursion booked as part of the holiday. We can investigate the responsible party and determine whether the tour operator can be held responsible for the actions of those who supply services, even if they are third parties or local agents and companies.
The country you were visiting will doubtless have different laws and procedures to the UK, however this does not prevent you from making a claim. We have helped many clients bring successful claims in the past so are able to explain what is involved, whilst dealing with the legal complexities on your behalf.
What if I did not take out travel insurance, can I still claim compensation?
Taking out travel insurance is not a requirement to bringing a compensation claim for an accident overseas. We often help those injured abroad where they do not have a travel insurance policy and can offer ‘no win no fee’ agreements to individuals where appropriate.
If you do have travel insurance, you may have encountered difficulties bringing a claim through your insurance policy, for example you may not have the correct level of cover, or may be unhappy with the service from your travel insurer’s recommended solicitors. We will be happy to discuss your options with you, without any obligation for you to proceed in instructing us.
“What the team is known for:
Somerset-based practice that comes recommended for its focus on spinal cord and brain injuries. Also offers niche expertise in areas such as fatal accidents and animal cases. Demonstrates further skill in the area of asbestos-related diseases.
“I feel there is a strong culture within the firm that fosters excellence delivered in a friendly, approachable way,” reports a source.
Another interviewee states: “They are the best local firm for me to deal with as their whole focus is professional and efficient.”
Represented a claimant who suffered serious brain injury, in a Criminal Injuries Compensation Authority case worth £15.8 million.
Stuart Brazington (Band 1) leads the brain injury team and possesses notable expertise in serious spinal cord injury claims. One source highlights: “He’s a brain injury specialist; it’s a tricky area and he’s very good at it. He knows a lot about medicine as well as litigation tactics.”
Senior associate Mark Hambleton (Associate to watch) offers particular strength in severe injury cases arising from accidents involving animals, sports and motorcycles.
Louise Hart is Recognised Practitioner.”
Chambers 2018 Somerset
“What the team is known for:
Outstanding personal injury practice adept at handling an impressive breadth of claims, including industrial disease cases, cycling accidents and equine matters. Notable expertise in chronic pain and fatal accidents as well as catastrophic injuries, with a focus on brain and spinal injuries.
Interviewees praise the lawyers’ involvement in each case: “They are very supportive of clients, you get the feeling that it’s not just business to them. They work well in teams, are responsive and quick to get back to you.”
Others agree, and attest the success of this ethos: “We were never made to feel like a case, we were treated with open communication as we if we were in a partnership. The attention to detail and professionalism of the lawyers led to great results.”
The “tenacious and excellent” Ian Carrier (Band 1) focuses on catastrophic injury work, primarily spinal and brain injuries, as well as fatal accident claims. One client states: “He has strong communication skills, and excellent and far-reaching technical knowledge. We could not have asked for a better partners, it was just superb case management.”
Tracy Norris-Evans (Band 1) is highly reputable in claims of high complexity and severity including paediatric cases as well as those with complex neurological issues. One interviewee states: “She is very thorough and has an exceptionally good manner with clients. She is someone who inspires trust.”
Helen Childs (Band 2) is a specialist in industrial diseases and is especially noted for asbestos litigation. One client attests: “She is an expert in this field, which was paramount. She worked tirelessly and went to the moon and back for us. She was empathetic and genuine, nothing was too much trouble.“”
Chambers 2018 Oxford and Surrounds
“Royds Withy King’s personal injury team has ‘a wealth of experience and a very client-focussed approach’. It is ‘very strong on brain injury claims’ and provides an overall ‘excellent’ level of service. Particular areas of expertise include spinal injuries, chronic pain, complex regional pain syndrome, amputations, asbestos-related diseases, fatal accidents as well as claims arising from accidents involving animals, in particular horses. The ‘vastly experienced’ team is jointly led by Louise Hart and Stuart Brazington. The ‘tenacious’ and ‘knowledgeable’ Hart has ‘unrivalled’ experience in acting for clients who have sustained a personal injury with subsequent chronic pain’ while the ‘highly competent’ Brazington is ‘a very good strategist’. Senior associate Mark Hambleton, whose specialisms include sports-related injuries, is ‘client-focused’. The practice’s recent caseload includes representing a client who had suffered a severe hypoxic brain injury in a multi-million-pound claim before the Criminal Injuries Compensation Authority (CICA) First Tier Tribunal, the High Court and the Court of Appeal.”
Legal 500 2017 South West
“The ‘excellent and forward-thinking firm’ Royds Withy King in Oxford, which ‘strikes the right balance through quality advice and great client care’, was created through a merger between law firm Royds and the Bath-based Withy King in September 2016. Team lead Tracy Norris-Evans specialises in brain injury and paediatric claims and also acts as a professional deputy, while the ‘experienced practitioner’ Ian Carrier is known for his spinal injuries and fatal accidents work and has ‘impressive attention to detail and case preparation skills’. Other notable individuals are Richard Brooks, who regularly handles animal-related claims and ‘knows equine matters inside out’, and industrial diseases expert Helen Childs. As a result of the merger, James Millar Craig, who gained experience in permanent health insurance cases, was added to the team. The ‘highly organised, knowledgeable and approachable’ associates Jennifer Seavor and Rachel James joined from Boyes Turner and Irwin Mitchell, respectively. Especially recommended in ‘asbestos-related claims’, Seavor represented a client who had developed mesothelioma through his occupation at a railway company from the late sixties to the early seventies; he wanted the claim to settle during his lifetime and accepted an offer of £230,000.”
Legal 500 2017 South East