Posted by Ian Carrier, Partner
The worst thing you can do if you’re injured on holiday
With the holiday season in full swing, many people will be travelling to locations around Europe and returning home refreshed and revitalised. But what about those few holidays where things go wrong?
Unfortunately, with increasing numbers of holidaymakers, the number of people who suffer an accident abroad (and return with an injury) is also rising. Sometimes they can even be life-changing.
Often the last thing you think of when injured on holiday is bringing a claim for personal injury. Most assume it will be too complicated, or that they would need to communicate with foreign lawyers. However, the complexity of foreign jurisdictions and other languages shouldn’t put you off!
In fact, the worst thing you can do if you’re injured on holiday is to delay investigating your claim. Contacting specialist legal advisers here in the UK can often take care of all of these hurdles for you.
Why you shouldn’t delay to investigate a claim
Time limits, also known as limitation periods, can vary a great deal between different countries; sometimes they can even differ between states within a country. Therefore, it is important to get in touch as soon as possible to find out more and ensure you remain entitled to claim compensation.
One of the first steps we take with our clients is to establish the circumstances of the accident and advise which jurisdiction, local laws and procedure will apply.
The kind of things you can claim for
Even if your accident was overseas, there are ways in which you can bring a case in the UK. For example, if you are unfortunate enough to be involved in a road traffic accident in Europe, you can bring a claim directly against a UK-based representative of the foreign insurer. Even if the driver is uninsured it may still be possible to bring a compensation claim against the Motor Insurance Bureau (MIB).
Similarly an accident in a foreign hotel could be brought against the UK tour operator where the hotel forms part of a package holiday.
How to claim for an injury whilst on holiday
If you are unfortunate enough to suffer an accident abroad, the best thing you or your family can do is follow these three simple tips:
1. Gather as much evidence and information as possible before you return home
Evidence gathering might be the last thing on your mind, but it can be crucial to bringing a successful claim for compensation. Photographs of the accident location, a copy of the accident report or police report for road traffic accidents, medical reports, your holiday booking documents, and the names and contact details of any witnesses could all prove important information that may only be available to you at the time of the holiday.
2. Keep receipts and details of all your expenses incurred as a result of the accident
Keeping receipts will help you to recover your out of pocket expenses if you are able to bring a successful claim for compensation. Even if no compensation claim is available, you may be able to recover these costs from your travel insurers, but not without the paperwork!
3. Don’t delay in contacting specialist legal advisers
Time is of the essence in foreign jurisdiction cases; you need people who understand the complexities of overseas legal systems. At Royds Withy King we have the expertise and the connections with local contacts to deal with your claim expertly and with sensitivity. If you or someone you know has suffered an accident abroad, get in touch today and discuss your options with us for free.
At Royds Withy King we can advise on a wide variety of accident and personal injury claims. Some examples where we have been able to successfully recover compensation include; car accidents abroad, injuries suffered in hotels or on cruise ships and accidents at an airport or on-board an aeroplane.
If you think you might have a claim for an injury abroad, get in touch with our specialist team
0800 923 2068 Email us