Experiencing an accident while on holiday can be distressing, especially when it is during a time when you should be away from the stresses of everyday life. It is a situation that not only disrupts your well-deserved break but also raises important questions about your legal rights and options. Many holiday-goers are unaware that if they encounter an accident abroad, they may be eligible to make a claim, and that doing so can be vital for getting the support you need.

In the following guide, the holiday accident claims experts at JMW explain the key aspects of holiday accidents, focusing on how and when you can assert your rights and potentially make a claim.

Understanding Holiday Accidents

A holiday accident can happen in various settings, such as hotels, restaurants, during transport, or while participating in holiday activities. These accidents might include slips, trips, falls or other injuries during excursions and activities. It is important to note that such incidents can occur anywhere, at any time, and it is crucial to be prepared for the unexpected.

For the accident to be considered the result of negligence, it must be due to the action or inaction of another party. For instance, poorly maintained facilities or unsafe practices can be considered negligence or a breach of duty on the part of a service provider, as it is the responsibility of the service provider to ensure their services are safe.

Accidents that occur on a package holiday often have different implications compared to those on an independently booked trip. This is due to the regulations and increased protections that come with package holidays, and can leave the holiday company legally liable to you.

When Can You Make a Holiday Accident Claim?

In the case of package holidays, the tour operator is generally responsible for the safety of all aspects of the package, including transportation, accommodation and any included activities. If your accident occurred during any part of the package, the tour operator could be held liable.

To claim, you will need to be able to prove the following:

1. That the accident happened
2. That there was a breach of local standards
3. That it caused you reasonable losses in the form of injuries, whether physical or psychological, and/or financial expenses

It is important to gather as much evidence as possible immediately after the accident. This includes photographs of the accident site, witness details and medical records. Such evidence is necessary to support your claim and establish the link between the accident and the fault of the service provider.

Making a Package Holiday Claim

A package holiday claim can be made against the tour operator when an accident is caused due to the fault of the hotel staff, transport providers, or activity organisers that are part of the holiday package and have an obligation to maintain your health and safety.

Tour operators are legally required to ensure that all components of their package holidays meet local safety standards. This responsibility extends to all services included in the package. If any part of the package fails to meet these standards, resulting in an accident, the tour operator may be liable.

The liability of the tour operator is governed by regulations that protect holidaymakers. These regulations make it easier to claim compensation England and Wales, even though the accident occurred abroad. It is important to note that these protections are specific to package holidays and do not apply to trips booked independently.

The process of making a claim for a holiday accident involves several key steps. It is essential to report the accident as soon as possible to the relevant authorities, such as the hotel management or tour representative. This should be followed by seeking immediate medical attention, as medical reports are a vital part of the evidence for your claim, and the symptoms of serious injuries can sometimes take time to show.

After these immediate steps, the next phase is to gather and compile evidence. This can include, but is not limited to:

• Photographic evidence: take photographs of the accident scene and any factors that may have contributed to the accident.
• Witness details: obtain contact details of any witnesses to the accident.
• Documentation: keep all documentation related to the holiday and accident, including booking information, receipts, and any correspondence with the tour operator or service providers.
• Medical records: ask for copies of your medical records to bring home with you, and records of any treatments related to the injuries sustained.

Once you have compiled the necessary evidence, the next step is to seek legal advice. An experienced solicitor specialising in holiday accident claims - such as those at JMW - can guide you through the complexities of the claim process, ensuring that your case is presented effectively.

Your solicitor will handle the negotiations with the tour operator or their insurers, aiming to secure fair and adequate compensation for your injuries. It is important to remember that every case is unique, and the duration and outcome of the compensation claim process can vary.

Throughout the claim process, maintaining clear and consistent communication with your legal representative is key. This ensures that you are informed about the progress of your claim and that any queries or concerns you have are promptly addressed.