Your holiday should be a time of joy, relaxation, and exciting new experiences. When this is taken away from you through an accident which injures you or someone in your party, the effects can be devastating. It can be a frightening time when you’re injured in an unfamiliar place, especially if you don’t speak the language, but can also have financial implications. Depending on the severity of your injury, you may have to return home with the consequences. If you or a family member has been involved in an accident while on holiday, here is what to do.
WHAT TO DO (AND WHAT NOT TO DO)
- Call for an ambulance or medical assistance to treat injuries or to seek advice.
- Take photos of the scene of the accident and make a note of the location/address.
- Report the accident to the hotel, tour operator, and any relevant first aid providers. If there is an accident book, ensure your accident has been recorded and ask for a copy.
- Take photos of any physical injuries sustained. You may need to take several at different stages, e.g., to capture bruising which worsens over time.
- Find out if any CCTV cameras have captured the accident before you leave and, if they have, get a copy.
- If there are witnesses (outside of your family and friends) ask them for their full names and contact details.
- If you receive medical treatment at a hospital, get a copy of the medical records.
- Retain proof of expenses you incur because of the accident.
- If you have been involved in a car accident, make sure you get the details of the other driver and their vehicle and/or the company the vehicle is owned by.
- DO NOT admit liability until you have been advised by a legal professional.
However, the experts at T. Madden & Associates, P.C. suggest that if you are unable to collect all of this evidence, don’t worry as you may still be able to file a claim for compensation.
WHEN YOU GET BACK TO THE UK
When you return to the UK, you should contact a specialist in compensation claims such as The Compensation Experts and your travel insurance company as soon as possible.
To be able to claim compensation from your tour operator you will need to prove that the accident was not your fault and that the accident occurred at a hotel or on an excursion which was booked through the tour operator. If you have followed all the health and safety rules, your tour operator was negligent, where you were staying had inadequate health and safety procedures and/or you were not made aware of potential dangers, you may be able to hold the operator responsible.
You could be entitled to compensation for a number of different considerations:
- General compensation for the damages, i.e., your pain, discomfort, and suffering.
- If you need someone to care for you during your recovery, they might be able to claim for the care they provided.
- You might be entitled to claim for lost earnings if your injury prevented you from being able to work.
- If you had to pay for unplanned travel as a result of your injury, you might be able to claim for the costs.
- You can claim for medical treatment costs or prescriptions you needed because of your injuries.
- You may be able to claim for the loss of enjoyment of your holiday.
- In some extreme cases, some claimants are refunded for the cost of their holiday.
Please note: This information does not constitute legal advice and is for guidance purposes only.