So You've Been Unlucky Enough to Have an Accident.....

Sadly, the reality is that accidents can happen and people do get hurt. Whilst most people know what to do if they are injured in the UK, many are unsure about what they should do if they are injured abroad, particularly in a place which is new and unknown to them.

Bringing a claim for compensation

Although you may be in a foreign country when you have an accident, it may still be possible to bring a claim for compensation in the UK.

This will be possible if the holiday you are travelling on is a package holiday and the accident was the fault of the company or one of their suppliers or representatives.

There are other circumstances when this applies and you should seek legal advice to clarify exactly what the options are in your situation.

It may also be possible to pursue a claim in the country where the accident happened. Although there are exceptions, the claim will generally have a lower value abroad and there may be rules and regulations that hamper the progress or success.

What you will need to do after you are injured

A lot of people have difficulty in understanding why they have to do so much to prove that someone else (the defendant) should be held responsible for their injuries. It is almost always for the claimant to prove that the defendant is responsible for their injuries.

Usually the last thing that people are thinking about when they have an accident or suffer from illness is that they may need to provide evidence for a compensation claim. However, it is important that evidence is gathered from the very outset of the claim.

Helpful evidence:

1. You should report the accident to staff and the travel representative as soon as you can.  Many countries also require a police report, so try and obtain one.
2. Make sure that a report is made in the accident book and if there is no such book you should have the staff and representative sign a letter detailing what happened to you. 
3. You should retain the names and contact details of any useful witnesses.
4. Make sure you seek medical evidence. If you think you are suffering from a form of food poisoning, you should have a stool sample taken as soon as you can.
5. Take photographs of the place where you were injured.
6. Take photographs of the injuries you suffered.
7. Make sure you keep the receipts for any costs you incur as a result of the injuries. This includes costs for treatment, prescriptions, special equipment or clothing you may need.
8. You should attend your GP or hospital when you return to the UK. This will ensure that you have a record of your injuries and also that you are being properly treated for them.

What to do when you return to the UK

You should let your travel insurance provider know as soon as you can about your injury. If your policy contains legal expenses cover, they may appoint of their panel of solicitors to represent you if your claim falls within the terms and conditions.
 
It is important to seek legal advice as soon as possible. There are time limits relating to how long after an accident someone can bring a claim for compensation. These will differ from country to country but your solicitor should be able to advise you about this.

Here at colemans-ctts we are one of the relatively few law firms who have a team dedicated solely to the area of travel law. We have built up a vast number of foreign agents throughout the world who we regularly work with to bring people’s claims to a successful conclusion. This is important not only because they might have to go to court on your behalf, but because they will help us to collect evidence in support of your claim and use their local knowledge.

Once you contact us, we can advise you as to your prospects, the likely time scales involved in any action you might be able to bring and the likely costs. Even where you are not covered by insurance we may be able to represent you, in any event we will be able to assist you in making an informed choice.

Johnny Farrell is a member of the Travel & Tourism team. Click here to contact him directly.

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