Holiday Accident Abroad?

PUBLISHED 25.10.2017

DO NOT DELAY IN BRINGING YOUR CLAIM.

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.

The Solicitors Regulation Authority has issued a warning notice to the legal profession, warning those who act in personal injury cases to avoid dealing with claims companies who want to illegally sell them these types of claims.

Some believe that organised criminals may be generating many fraudulent claims like these.

If you have the misfortune to be 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 free initial legal advice.

As a specialist personal injury solicitor I am very concerned that these headlines detract from the many genuine 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 are injured in 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 time limit 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 claims. This is 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).