Making A Claim Abroad: What You Need To Know

Making A Claim Abroad What You Need To Know

Holidays should be a time to relax, whether it’s on the beach, by the pool, or seeing the sights, but being in an accident abroad can bring the holiday bliss to a sudden halt. Being involved in an accident and sustaining an injury can be overwhelming at the best of times, but finding yourself injured in a foreign country can be at best tricky, and at worst frightening.

Most accidents abroad cases consist of food poisoning, road accidents, and poolside mishaps. Although many of these accidents aren’t too severe, it’s important to know what action to take if you are injured abroad.

Here we address the important things to remember if you are involved in an accident abroad.

1- How long do I have to make a claim?

In most cases, you will have to make a claim within a timeframe determined by the foreign country’s laws. This may be weeks, months or years, so make sure you read up right away to know how long you will have.

2- Will my travel insurance cover it?

Usually yes, if your injury is detailed within your travel insurance policy, so remember to get covered before you travel.

3- Do I need specialist advice?

Yes, each country has its own laws and rules, and as such it’s best to have an expert legal professional on your side to help you understand what needs to be done.

4- Should I keep my medical records?

Yes, if you’ve been admitted to hospital, it’s important that you keep or make copies of all your records. We also recommend getting a hold of the details of staff or anyone who could possibly be a witness.

5- Should I take pictures?

Yes, especially if you’ve been injured due to an accident on the road or in a hotel. Take pictures of as much as you can to ensure you have all your bases covered should you need proof.

Although it might seem like the perfect spot to let your guard down, being on holiday is precisely where you need to stay aware, drive safely, ensure proper health and safety measures are in place. This is especially true when you are staying, eating and spending time somewhere new so as to best avoid any accidents or injuries.

If you do find yourself injured due to an accident abroad, you may be due compensation. Get in touch with one of our friendly specialist travel lawyers today on 0800 163 978 to see what we can do for you.

If you have been injured in an accident that wasn’t your fault and you would like more information, please feel free to get in touch with one of our No Win No Fee solicitors.

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Japp v Virgin Holidays – holiday accident law

The Court of Appeal handed down their decision in the above case in November 2013. The defendant’s appeal was unsuccessful, the Appeal Court upholding the first instance decision in favour of the claimant. The result is confirmation that, when an accident occurs and holiday accommodation requires to be assessed for compliance with local standards, the standards which are to be applied are those in force at the time of construction of the property rather than at the time of the accident. It is the most authoritative case for such types of cases at present.

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The Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended) are the starting point to ascertain whether such protection exists, and whether a claim may be possible. They enable a consumer to sue in this country. If the Regulations do not apply to an accident it is extremely difficult to sue in the foreign courts – you will have to sue in the foreign court where the accident occurred which could be anywhere in the world. For serious or catastrophic injuries it might be worthwhile, but anything less won’t pass a cost benefit analysis.

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What you need to know about adventure holidays.

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At this time of year, many people get down to planning a ‘trip of a lifetime’ adventure holiday in some far-flung exotic location.

In the aftermath of last year’s Luxor balloon tragedy, I looked at the Guardian Online edition which chronicled the troubled and troubling history of hot air balloon accidents over Luxor and Karnak.

The article noted that in June 2008 four Scottish holidaymakers were injured when the balloon in which they were travelling crash landed. Bonnar & Co. acted for those holidaymakers. I remember thinking how terrible an ordeal it must have been for them and a number of points occurred to me as I looked at the terrible recent news.

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