Being injured while on holiday can be incredibly distressing. A time that should be filled with relaxation and enjoyment can quickly become overshadowed by unexpected pain and complications. Whether it’s a slip by the pool, a car accident during a guided tour or an incident at your accommodation, injuries can happen anywhere. Knowing what steps to take following accidents abroad can benefit not only your health but also your legal rights.

Here, the personal injury solicitors at JMW outline what to do if you’re injured on holiday and when you may be able to pursue a claim for holiday injury compensation.

When can I make a holiday accident claim?

You may be entitled to make a claim if your injury was caused by the fault or negligence of a third party, such as a hotel, tour operator, transport provider or any other service provider. You may be able to pursue a claim if these parties fail to uphold the local safety standards required of them, thereby causing you harm. Establishing fault or negligence requires demonstrating that the service provider breached their duty of care, directly leading to your injury.

For example, if you sustained an injury due to a defective railing at your hotel, or suffered harm because of inadequate safety procedures during a guided tour or excursion, you may have valid grounds to seek compensation. Factors such as the safety standards and rules of the country where the accident happened, the nature of your holiday booking and the specific circumstances surrounding the incident will all influence your case.

Accidents on package holidays

For those who have booked a package holiday, the process of claiming compensation can be more straightforward. The laws of England and Wales, such as the Package Travel and Linked Travel Arrangements Regulations 2018, provides additional protections for holidaymakers who book package deals through UK-based tour operators. These regulations make the tour operator legally responsible for ensuring the safety and quality of all the services included in your package, which typically covers accommodation, transportation, and any excursions or activities arranged as part of the holiday.

For instance, if you booked a package holiday with a UK tour operator and were injured during a scuba diving activity included in your package, the tour operator could be held liable for your injury. This is because they are obliged to ensure that all elements of the holiday meet the required safety standards, regardless of the location where the accident took place and they are responsible for the actions of the suppliers of the package. Therefore, if the scuba diving company failed to provide appropriate safety equipment or instructions, resulting in your injury, you could potentially hold the tour operator accountable under English and Welsh law.

Independent travel

If you organised your holiday independently, meaning you booked each component separately, the compensation claims process can become more complicated. In such cases, you need specialist advice as you may need to pursue a claim directly against the specific service provider responsible for your injury. For example, if you booked your accommodation independently and were injured due to unsafe conditions at the hotel, you may need to bring a claim against the hotel or its insurer.

Pursuing a claim under these circumstances requires an understanding of the rules which apply to jurisdiction and applicable law, to ascertain where you can pursue a claim, and which law will apply.  It may be necessary to understand the ocal laws and regulations applicable in the country where the accident occurred. This is why it is essential to gather as much evidence as possible, such as photographs of the accident scene, witness statements and medical reports, to support your claim and help us to investigate on your behalf.

After an accident abroad: what to do

Taking the appropriate steps after an accident abroad is important for both your recovery and the strength of your potential claim. Whether you were injured at your accommodation, during an excursion or in transit, following these guidelines will help you protect your rights and gather the necessary evidence to make a claim.

Seek medical attention promptly

Prioritise your health by seeking medical treatment immediately after the incidentr. it’s advisable to get a professional assessment, especially if you are due to travel or board a flight home Request a copy of any medical records or a medical report that details your injuries and the treatment you received. This documentation will be useful to you in getting follow up care when you return home, as can be provided to your GP or local hospital, and can also help  if you decide to make a claim, as it provides clear evidence of the harm you experienced.

Report the incident

Inform the relevant parties as soon as possible. Depending on where the accident occurred, this could include hotel management, tour operators or local authorities. It is also recommended to notify your travel insurance company, as they may be able to arrange help for you, and they may need an official accident report for any claims you make with them. Ensure that the incident is recorded in an official report and obtain a copy for your records. This documentation will also support your case if you choose to pursue legal representation.

Collect evidence

Gathering evidence is an important part of making a successful claim for accidents abroad. This includes:

• Photographs of the accident scene, your injuries and any hazardous conditions that contributed to the incident, such as broken equipment or slippery surfaces.
• Contact information of any witnesses who saw the accident occur, as their statements can support your claim.
• Copies of medical reports, receipts for any treatments you received and other related expenses.
• Documentation related to your holiday, such as booking confirmations, correspondence with service providers and any communication with your insurance company. All of this will help establish the context of your claim and demonstrate the impact the accident has had on your holiday.

Maintain records of expenses

Keep detailed records of all costs incurred as a result of the accident. This can include medical bills, travel costs for seeking treatment and any loss of income due to your inability to work. These records will help in calculating the compensation you may be entitled to. Additionally, your insurance company may need this information to process any claims made under your travel insurance policy.

Consult a personal injury solicitor

After ensuring your immediate safety and collecting the necessary evidence, seek legal representation from a solicitor who specialises in handling claims for accidents abroad. They can assess the validity of your claim, provide advice on the best course of action and handle communication with the insurance company and other parties involved. Having experienced legal representation can improve your chances of securing the compensation you need, as they will handle the complexities of international laws and ensure your case for holiday injury claims is presented effectively.