Holiday Accident Abroad?

Published 10.04.18

HOLIDAY Accident abroad?
500% increase in holiday compensation claims!

The Association for British Travel Agents reports that there has been a 500% increase in compensation claims for holiday sickness since 2013, which is a remarkable rise.

If you have had the misfortune of being injured while on holiday in the UK or abroad, then please do not deal with a claims company. Do not respond to text messages about making a claim. Do not respond to telephone calls about making a claim. Simply speak directly to a specialist solicitor who will give you a free initial assessment.

As a specialist personal injury solicitor I have experience of holidaymakers who suffered the stress, inconvenience and disappointment of a ruined holiday.

As a fluent Spanish speaker I have particular interest, experience and an advantage in assisting holidaymakers who have been injured in Spain or other Spanish speaking countries.

According to the Guardian newspaper, Spanish government figures reveal that a record 9.6 million tourists arrived in Spain in July 2016 alone, up 11% on the year before, with about one in four coming from Britain. Inevitably, many of these British holiday makers suffer with an injury from an accident on holiday.

A claim for compensation for an injury that happened abroad involves a complex area of law, requiring specialist advice from a solicitor with experience dealing with these types of claims. It is important that you are given good, early advice on the merits of your case.

You need specialist advice as there are often strict deadlines for accidents at sea, in the air and in foreign jurisdictions. This is likely to become even more complicated over the next few years due to the effect of BREXIT.

There are reports that Spanish insurance companies are incorrectly seeking to delay ongoing cases in higher value injury claims, due to the current arrangements in place under European law being likely to change due to BREXIT and existing reciprocal agreements between EU countries no longer applying to Britain in the future. For this reason it is important not to delay and bring a claim as soon as possible.

The most common type of claim abroad is of course a road traffic accident claim. Many people are injured in road accidents overseas, either as drivers or passengers. Consideration needs to be given to whether they can pursue a claim in the courts of England and Wales and, if they can, whether that is the best option for them. Even if a claim can be brought in England and Wales, the applicable law will be that of the country where the accident happened, in all likelihood requiring expert evidence on foreign law and practice (probably from a lawyer of that country).

If you have suffered an accident whilst on holiday, I strongly recommend that you do not delay in seeking legal advice. You should keep your holiday booking and all relevant documentation safe as they will be very important evidence in your case.

This article it is not a definitive guide to the legal considerations to be taken into account when an accident happens abroad. If you wish to bring a claim then I recommend that you do contact me for a free, no obligation assessment on 01392 285010.

Penelope Heighton is an Associate Solicitor at Quality Solicitors Dunn and Baker LLP and has recently joined their expanding specialist personal injury team after 8 years at a specialist national personal injury firm.