If you have an accident or suffer an illness whilst abroad which was not your fault, you may be entitled to make a compensation claim.
If you were working abroad at the time of the accident and the accident was the fault of your employer, you would be able to make a compensation claim using a UK based solicitor, provided you were employed by a company based in the UK at the time or that employer has a registered office or place of business located in the UK. Even if you were working for a foreign employer, you should still seek specialist legal advice as to whether you can make a claim.
If you were abroad on holiday at the time of the accident, a UK based solicitor would only be able to deal with the claim against the holiday company if the holiday was booked as part of a package deal through a travel agent in the UK. Also, your accident would need to be the fault of the travel agent or their representatives, such as hotel staff.
You would also be able to make a claim against your travel agent if you contracted a form of food poisoning from the hotel restaurant.
However, if an accident occurred whilst you were engaged in sports or activities that were arranged by you with independent operators in the holiday resort or location, there may be no liability under the Package Tour Regulations. Potentially dangerous activities on the beach such as paragliding, banana boat rides, waterskiing or snorkelling and diving may not be covered under these regulations as they would not be part of the overall holiday package deal. We can advise you if it would be worth suing the companies in the country they are based.
Even if you have made your travel and accommodation arrangements personally without a tour or travel agent, or even if you are travelling by plane, ship or trains abroad and have not reached your destination, it is still worth seeking our advice as to the options that may be available to you.
If you are involved in a road traffic accident abroad whether as a driver or passenger or whether in a car, taxi, coach or bus, it is possible that you may have a right to seek compensation if another party was to blame and is identifiable. You must always report the matter to the police and retain all resulting paperwork.
What you need to do:
- Always report the accident to your employer / your travel representative at the time;
- Make a note of your accident in the accident book;
- Take names and addresses of witnesses to the accident;
- If possible take photographs of the area where the accident happened;
- You must also keep safe all of the travel documentation, receipts and paperwork including medical letters, receipts for treatment, hospital discharge letters or any other documentation relating to or arising from the holiday and injury.
If you are considering making a claim, our team can help. As members of the Association of Personal Injury Lawyers, we ensure that our clients receive the maximum amount of compensation that they are entitled to.
If you would like to find out more about making a claim following an accident abroad, please talk to a member of our team and we will be happy to help you.