Your holiday should be your time to relax, so your time off being ruined by an accident that wasn’t your fault is unacceptable. Here are five questions you might ask if you’re thinking of making a holiday accident claim, and the answers you need.
Am I eligible to make a holiday accident claim?
You can be eligible for a holiday accident claim for any incident caused by negligence. This covers car accidents, incidents on the flight, food poisoning from all-inclusive buffets and such.
Equally, you will not be eligible for a claim if a third-party was not responsible or if the claim is outside of the correct time limit. The UK time limit is three years, but abroad this can vary. Our guide here can walk you through the specifics of dealing with accidents abroad.
Who would be liable if I made a holiday accident claim?
This comes down to a distinction between whether your holiday was a package tour or independent.
A package holiday – such as one from TUI or Jet2Holidays – would result in a claim against the tour operator. The Package Travel Regulations act of 2018 means that UK courts have jurisdiction over these cases, wherever the holiday may have been. As it’s a single transaction, making a claim is easier.
An independent holiday, such as one where you book separate flights, hotels and transport – is more complicated. For example, if you booked a flight via Ryanair, a hotel via Airbnb and got an Uber from the airport, liability would be fragmented across those three companies. You would have to pursue each service provider in their own country.
What evidence would I need for a holiday accident claim?
We highly advise you to get evidence as soon as the incident occurs. It isn’t impossible to prove if you don’t, but it will make proving liability harder.
There are different kinds of evidence that will be beneficial in proving fault, and collecting as much as possible is recommended.
This includes:
- Medical evidence. We advise clinical records from where the incident happened, an independent medical report from a solicitor, and UK based reports after returning home. This builds a timeline and suggests long-term ramifications as a result of the injury.
- Photographic evidence. Closeups of the site, and photos displaying signage (or lack of) are good examples.
- Witnesses. A written statement from the time that corroborates your story.
- Accident reports. A copy of the accident report is hugely beneficial – if you don’t make a report with the company, they can deny it happened.
- Receipts or expenses records to show loss of earnings as a result of your accident. This will be beneficial when claiming special damages (see below).
If you don’t have all (or any) of these, all is not lost. A solicitor can request medical records or CCTV from the site. Expert reports can also back up testimony by reconstructing the event. But again, we highly recommend getting evidence before making a claim.
What compensation could I receive from a holiday accident claim?
Again, this is separated into two categories.
General damages are non-financial: they consider the pain, suffering and loss of amenity that a person goes through as a result of the accident. These are subjective, and assessed based on medical evidence and judicial oversight.
Special damages are financial losses that you have experienced (or will experience) as a result of your accident. These are objective, worked out from your receipts, invoices and payslips.
Who should I contact to help with my claim?
Claims can be complicated and drawn-out procedures, and they are often overwhelming for individuals who are already in pain. This can be extenuated if you are not able to utilise your native language – be it if you are a Romanian citizen in UK courts or dealing with foreign jurisdictions. Therefore, getting the right representation is important. By hiring a specialist Romanian speaking lawyer, personal injury victims can know someone is in their corner who is fighting for them, and can explain the process without anything being lost in translation.
Remus Robu Solicitors has decades of experience in this field. It’s crucial not just to get representation, but representation that understands you and offers personalised support. Contact Remus Robu today for guidance and assistance with your holiday accident claim.