The last thing you want on a dream holiday is the nightmare of a personal injury. You might have taken all the precautions you normally do to stay safe, and still got hurt because of the negligence of others. Thankfully, most holidays are incident-free. But this guide will explain accident abroad claims for compensation, and how you could qualify to make one.
Accidents abroad can take many forms. These accidents include everything from road traffic injuries, food poisoning and general poor standards of health and safety that might cause an accident. If your holiday provider had responsibility at the time of the accident for your safety, then you could be eligible for accident abroad compensation.
Settlements for successful personal injury claims could consist of compensation for your physical and mental injuries and any related financial losses, including flights home. However, in order to receive a settlement, you will need to prove your claim. This will include gathering evidence.
A solicitor from our panel can help with this and many more items when it comes to your claim. Our panel provide first-class legal services to eligible claimants through a type of No Win No Fee agreement. This means you can launch a personal injury claim without worrying about the solicitor’s fees.
Please continue reading to learn more about accident abroad claims. Or, you can get in touch with our advisory team for an immediate, free assessment of your claim:
- Ring us on 0800 408 7825
- Contact us online to determine the value of your accident abroad claim.
- Ask a question in the box below for an immediate response.
Frequently Asked Questions
- Who Can Make Accident Abroad Claims?
- Can I Claim For A Road Traffic Accident Abroad?
- I Suffered From Food Poisoning At The Hotel, Can I Claim?
- Accident Abroad Average Compensation Amounts
- What Injuries Could Accident Abroad Compensation Be Claimed For?
- Is There A Time Limit For Accident Abroad Claims?
- What Evidence Will I Need To Support A Claim?
- Can I Claim On A No Win No Fee Basis?
- Learn More
Who Can Make Accident Abroad Claims?
Anyone on a package holiday who suffered injuries abroad because the tour operator was negligent. However, there are certain eligiblity requirements and the injury must have occurred as part of a package holiday, including excursions, but excluding any elements you’ve booked yourself.
Under legislation called the Package Travel and Linked Travel Arrangements Regulations 2018, you have the right to expect that the services and excursions that you participate in as part of the package deal you choose are safe.
Holidaymakers can seek compensation from tour operators based in the UK if they were injured because of negligent actions within the package deal. The following criteria need to be met:
- The tour operator owed you a duty of care. (If you booked more than one part of your holiday with them this becomes a package holiday).
- They breached their duty of care to you.
- As a direct result of this, you suffered physical injury, psychological harm or both.
This regulation is retained in EU law, meaning providers are liable for the proper performance of the services they offer in many other countries, regardless of whether a third party carries out those services. If you can demonstrate that there was a failure to uphold the duty of care responsibility and you were harmed, a claim could apply.
Can I Only Claim If I Was On A Package Holiday?
No. Personal injury claims for compensation are not restricted purely to package holiday providers. In the UK, regulations might streamline the process against a UK-based tour operator, but you can still claim for injuries on non-package or linked arrangements. The key is to show that someone else’s breach of care duty caused your accident and injury. However, your claim may need to be made under the regulations of a different country.
Am I Able To Claim Once I’m Back In The UK?
You can claim for an accident abroad once you get back to the UK. This is particularly straight forward in claims against UK tour operators. Importantly, the claim must be made within the 3-year time limit for personal injury claims as per the Limitation Act 1980 (which we discuss in greater detail below).
Call to see whether they can help you with accident abroad claims today.
Can I Claim For A Road Traffic Accident Abroad?
It is possible to claim for a road traffic accident abroad if your claim meets the three criteria we looked at above. There must have been a duty of care that was breached, which resulted in you being harmed. An example of grounds to claim might include a hotel providing a faulty vehicle which malfunctions and injures you in an accident.
Claims of accident against another driver in a different country can be more complex because of the rules and obligations in that particular country. To discuss accident abroad claims involving vehicles, it’s best to call our advisors. They could connect you to an expert from our panel to help with road accident claims abroad.
I Suffered From Food Poisoning At The Hotel, Can I Claim?
Yes, you could claim for food poisoning at your hotel if it was part of a package deal. Again, it will be necessary to prove that the hotel was negligent in its food handling practices and that this caused your illness. Some examples of food poisoning causes include:
- Improper temperature control or food storage.
- Not fully cooking meat and fish, or reheating them incorrectly.
- Not filtering water for ice (as required in some countries).
- Cross-contamination from using the same utensils or surfaces for raw and cooked foods.
- Poor personal hygiene among staff members (such as unwashed hands that can spread bacteria).
- Not clearly alerting customers to allergen advice and ingredients.
These failings can cause serious food poisoning and, in some cases, life-threatening illness. To build your argument against the hotel or all-inclusive resort responsible, take photos of the food and obtain a copy of the menu. Also, see if other diners who witnessed negligent food practices (or were ill themselves) can provide their contact details for a statement. If you appoint a solicitor, this evidence can strengthen your claim. Call to learn more.
Accident Abroad Average Compensation Amounts
There is no set compensation amount awarded in each holiday accident claim, which means that knowing the average accident abroad compensation amounts won’t be particularly useful. Any compensation will always vary according to the unique factors of each case. However, those involved in the compensation calculation process can begin by examining the medical evidence that demonstrates the severity and extent of the injury. They will also consider the duration of recovery, the impact on the person’s quality of life and their prognosis going forward.
To have a starting point for personal injury calculations, the Judicial College Guidelines are consulted. This is a publication of compensation brackets for numerous injuries listed in order of severity. They reflect past successful cases, but are only suggestive and applicable to claims made in England and Wales.
Our example table below illustrates, but please note, the first entry is not taken from this source:
Compensation Guidelines
| LOCATION OF INJURY/HARM | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| More than one severe type of injury/harm and the Special Damages award to compensate for medical expenses, care provision and time off work. | Severe | Up to £1 million plus. |
| Head/Brain | (a) Very Severe | £344,150 increasing to £493,000 |
| (c) Moderate (i) | £183,190 increasing to £267,340 | |
| Chest | (b) Traumatic | £80,240 increasing to £122,850 |
| Knee | (a) Severe (i) | £85,100 increasing to £117,410 |
| Leg | (ii) Very Serious | £66,920 increasing to £109,290 |
| Back | (a) Severe (iii) | £47,320 increasing to £85,100 |
| Neck | (a) Severe (iii) | £55,500 increasing to £68,330 |
| Digestive System | (b) Damage resulting from a non-traumatic injury (like food poisoning). | £46,900 increasing to £64,070 |
| (iii) Allergic reaction | £4,820 increasing to £11,640 | |
| Hand | (f) Severe finger fractures | Up to £44,840 |
How Is Compensation Calculated?
Compensation is calculated by considering two areas of loss: general and special damages. The pain, suffering, psychological injury and negative impact on life quality are assessed under general damages. The financial harms caused by the injury are dealt with under special damages.
In order to include special damages as part of your claim, you will need to put forward documented evidence that shows the related financial harm. With this in mind, evidence could include the following:
- Proof of any private medical costs needed after the injury.
- Travel expenses for essential treatments.
- The cost of adapting your home or car after acquiring a permanent injury or disability.
- Proof of the associated care costs if others needed to look after you.
- The expense of replacing any personal items damaged in the accident.
- Payslips and statements that show how your income has been negatively impacted after the accident and injury.
Interim Payments
Sometimes, the outcome of a personal injury claim may look certain before the case has actually been settled. In cases like this, the claimant can request small amounts of the expected compensation to address financial issues, such as the cost of treatment, care costs, or household expenses.
These amounts are referred to as interim payments, and each request is considered individually by the courts. They must be reasonable amounts for matters related to the well-being of the claimant. Additionally, they cannot exceed the total compensation amount and are deducted from the settlement.
If you’d like to see whether a solicitor on our panel could calculate general and special damages for you, or negotiate interim payments to deal with pressing matters right now, get in touch. Our advisors evaluate accident abroad claims in minutes and could connect you with a solicitor today.
What Accidents Abroad Can Compensation Be Claimed For?
Here are some general examples of the type of foreign accident claims that might result in compensation:
- Slipping on a wet floor in a hotel that was left unattended without warning signs, and suffering a twisted ankle.
- Falling on stairs that were broken, had loose tiles or poor lighting and fracturing a wrist.
- Gripping a broken handrail on a balcony or stairs, and suffering spinal injuries after a fall from a height.
- Slipping on an area by the pool that was wet and damaged, and suffering a head injury.
- Injuries caused by a lack of safety precautions or equipment failure during hotel and resort activities.
- Sickness caused by sub-standard sanitation.
- Food poisoning caused by sub-standard food practices in a hotel, resort, on-site vendor or restaurant.
- Suffering multiple injuries in a car collision because a hotel driver was intoxicated.
- Experiencing a road traffic accident because the hotel’s mini-bus had faulty brakes.
- Being harmed by faulty furniture or appliances in the hotel or B&B (such as a faulty kettle giving an electric shock).
- Injuries acquired on poorly planned excursions laid on by the package holiday provider. For example, being taken to an unsafe destination and falling along an unguarded cliffside.
These are just a few examples. Without the correct health and safety procedures in place, personal injury can occur in various ways. If you believe that the package holiday provider failed to ensure the safety of a part of your holiday, please speak to our team.
Is There A Time Limit For Accident Abroad Claims?
As per the Limitation Act 1980 we looked at above, there is a time limit of 3 years in which to start a personal injury claim for compensation. This time limit generally begins on the date of the accident.
However, not every injured party can manage the claims process themselves and the Limitation Act makes allowances for this. Parties who cannot claim themselves include:
- Claimants under 18. Instead the time limit can start from their 18th birthday.
- Those without sufficient mental capacity to claim on their own behalf. If their capacity returns, the 3 year time limit starts from the recovery date.
- Both groups can launch a claim straight away if a family member or other responsible adult acts for them as a litigation friend. This only applies while the limitation period is on pause.
This time limit would apply if your claim were against a UK package holiday provider. However, time limits for claims in other countries can vary. So, if your claim is against a proprietor or business in another country, it’s best to speak to an expert solicitor about your grounds for starting a compensation claim. Call us to learn more about the personal injury claim time limit.
What Evidence Will I Need To Support A Claim?
Evidence is an important part of any personal injury claim, and claims for accidents abroad are no different. So with this in mind, it’s useful to collect as much proof as you can that the negligent actions or inactions of others led to you being harmed. The following can help:
- Firstly, seek medical attention and try to obtain a copy of the (translated) medical records, x-rays, test results or reports from any specialists who needed to treat you in that country.
- Take photographs of the location of the incident showing the hazard, such as an unmarked wet floor that caused you to slip. Or a faulty balcony that caused you to fall.
- Take photos of the visible injuries you suffered.
- Alert staff and ensure the accident is recorded. Try to get a copy of any on-site accident report.
- Get the contact details for any witnesses. This can be anyone who will provide a statement that supports your version of the events. If it is a local person, their statement can be translated.
- Keep a diary of the incident’s times and dates, your treatments, and any other important details.
- Keep all receipts for money spent on dealing with the accident and injury. For example, the cost of emergency private medical treatment or taxis after the injury.
- Confer with a solicitor as soon as you feel able. The sooner you start to build a compensation claim, the more time you have to compile evidence. An advisor could help with this if you get in touch.
Can I Claim On A No Win No Fee Basis?
Yes, accident abroad claims could be made with the support of a No Win No Fee solicitor, including your claim. If the advisory team determine that you have an eligible claim, they could connect you with an expert solicitor on our panel. They have decades of expertise dealing with accident abroad claims and could take up your case. The services they provide include:
- Help to assemble strong evidence, such as witness testimonies and medical reports.
- The expertise to calculate the full amount of compensation for you based on this evidence.
- Help to meet the deadlines and court-imposed time limits that can arise.
- Tireless attention to your claim and a forceful argument for your best interests.
- Regular updates on how the claim is going.
- Help to select the perfect barrister to represent you in court (if it needs to go that far).
- Negotiating a thorough, final settlement amount.
These outstanding services can also be offered on a type of No Win No Fee basis. By using a Conditional Fee Agreement (CFA) you can start work with your solicitor at no upfront expense for their services. No solicitor’s fees apply as the claim progresses, and if you don’t receive compensation, no solicitor’s fees will be charged for work completed on your claim.
Under a CFA, you pay a success fee if the claim wins. This amount is a legally restricted percentage that can also be agreed upon between you and your solicitor before work commences. The success fee is deducted from the compensation at the end. Working this way means you have both excellent legal representation and will receive virtually all of the compensation if your claim wins.
Interested in learning more? Call our team to discuss accident abroad claims in more depth:
Contact Us
- Contact our dedicated advisors on 0800 408 7825 to find out how much compensation you could be owed after an injury abroad.
- Contact us online about claiming holiday accident compensation.
- Ask a question in the box below for an immediate response.
Learn More
Alongside this article about accident abroad claims, there are some more useful links below:
- This guide looks at slip, trip and fall claims in general.
- Here you can read about swimming pool accident claims.
- Also, learn more about food poisoning claims.
External resources to help:
- Here you can read help for your symptoms from the NHS.
- Information is here about health insurance abroad from GOV.UK
- Lastly, read about claiming Statutory Sick Pay (SSP) if you are signed off work while you recover.
In conclusion, we appreciate your interest in our article about accident abroad claims. If you’d like any further free advice or guidance about how to start a holiday accident claim for compensation, connect with advisors.