We all look forward to our holidays away from home both in the UK and overseas but what happens when an accident occurs that is not your fault and you are injured as a result?
Case in focus:
Mr Bloggs was on a Mediterranean cruise and was browsing in a shop ashore when he fell down a hatchway that had been left open and broke his leg. Luckily Mr Bloggs did have insurance to cover the cost of his medical expenses and for the loan of a wheel chair and crutches to see him home. On his return we were able to secure an admission of liability from the equivalent public liability insurers and a claim was submitted for the following:
Out of pocket expenses (we call special damages) for example taxi fares, medication etc.
Loss of value of his holiday (which was partly recovered)
Loss of enjoyment of his holiday which had been ruined through disappointment and stress caused by things going wrong.
Compensation for personal injury suffered eg broken leg and soft tissue injuries
Claims can also be submitted against or through the tour operators or the site owners of a holiday park but negligence has to be proved. Who could forget the tragic death of the child who climbed a fence in a caravan park and drowned in a nearby pool or more recently a child who was killed by an Alligator in Florida.
What action should I take after an accident abroad?
As with any other Personal Injury claim, you need to prove that someone else was responsible for your injury. i.e. in the case of Mr Bloggs, the crew who left the hatch open.
You should report to the Hotel and/or travel rep, complete an accident book, and ensure you have taken photos, as well as names and addresses of witnesses.
Be sure to keep any travel documents, receipts and other paperwork safe, especially medical receipts and treatment records.
It is not always easy to prove negligence and that is why dealing with a claim on a “no win no fee” basis can prove invaluable.
If you would like assistance in a travel claim, call our Litigation Team on 01524 846846 for further information.