Each year thousands of people suffer an accident abroad and need to make a holiday claim, some of the most common accident abroad claims include:
- Falls due to dangerous hotel balconies
- Tripping over a defective path or slipping on a wet floor in a hotel
- Road traffic accidents whilst driving a rental car, motorcycle, minibus or as a pedestrian
- Accident as a passenger whilst travelling in a car, coach or taxi
- Sports accident due to poorly maintained or faulty equipment
- Injury whilst on an arranged day excursion
Who do I claim against if I have an accident abroad?
You may be able to claim against your package holiday provider if you have an accident abroad. Package holiday claims fall under personal injury law and therefore the same rules apply.
Most package holiday claims for accidents on holiday are brought under the Package Travel, Package Holidays and Package Tour Regulations 1992. These allow people injured in a holiday accident abroad to claim against the tour operator.
If the package holiday company is a member of ABTA, (The Association of British Travel Agents) they have to follow the Association's code of conduct. If you want to make an ABTA claim, you will need to complain directly to the company which should reply to you within 28 days. If you don’t get a reply in this time or you don’t agree with the reply, you can then complain to ABTA.
If you don’t get a satisfactory response to your holiday claim or your package holiday provider is not an ABTA member, a package holiday claims expert can help.
Garratts can help you receive compensation from all the major UK tour operators including First Choice, Virgin, British Airways, Cosmos, Thomas Cook, and TUI.
Is there a time limit on holiday claims?
There is a time limit on holiday claims which is usually three years from the time you had an accident. This is called the claim limitation period. This is why if you have had an accident on holiday it’s important to act fast.
Cruise ship compensation claims
If you have an accident whilst on a cruise you may be able to claim compensation. This can be from the owner of the ship or cruise line or from the package tour operator you booked through. You might have had an accident due to:
- Slips, trips or falls on the deck due to unsafe surroundings
- Falling overboard because appropriate safety measures have not been taken
- Or you may have an injury caused by other passengers
There are many reasons that you may be entitled to make cruise ship compensation claims but if you think you have a case, speak to our cruise ship compensation experts today.
The Athens Convention
The Athens Convention and the 2002 Protocol cover accidents at sea and deal with compensation claims against carriers.
Injuries sustained may be as a result of negligence form on behalf of the captain or crew e.g. slipping on deck.
In normal circumstances, fault of negligence on behalf of the carrier has to be proven and so instructing a solicitor who can support with gaining evidence of this is often critical to a successful claim. The time limit for bringing a claim under this Convention is only two years from the date of disembarkation which is less than the standard three-year limitation set across other personal injury claims. It is therefore important to act quickly and seek legal advice without delay.
How to claim for road traffic accidents abroad in 2023
To make a road traffic accident claims abroad you should follow these steps:
- As soon as the accident has occurred, call the emergency services
- Make notes about everything that led up to the accident while it is fresh in your mind
- Take photos from lots of different angles
- Take the names, addresses and vehicle details of everyone involved and any witnesses that were there
- Work with the police and ask for an interpreter if you need one
In most European countries the police will attend the scene of an accident and will put together a European Accident Statement to help you exchange information about what has happened. If you understand what has been written you should sign the form, if you don’t, you should not sign it.
Your road traffic accident abroad may have been caused by an incident involving a:
- Motorbike accident,
We understand that if you’ve been involved in a road traffic accident that was not your fault it can be extremely upsetting. Call our team of experts who will talk you through the process.