By Stephen Moreau. Last Updated 24th October 2024. In this guide, we’ll provide information and advice on making holiday accident claims. If you’ve suffered injuries in an accident while on holiday, and the accident was caused by another party’s negligence, then you may be entitled to claim for compensation. Here, we’ll explain what steps are involved if you have the evidence to start a holiday accident claim.

Have you had an accident abroad whilst on holiday, when travelling for business, or to visit family? If so, you may wish to find out if you could make a holiday accident claim. Your holiday should be an enjoyable and fun experience. It should not end in being injured or becoming sick and being left with the stresses of dealing with different health services and organising emergency travel back to the UK. If this has happened to you, you may be able to make a personal injury claim for damages from the party responsible for your accident.

A Comprehensive Guide To Holiday Accident Claims

We have created this guide to holiday accident claims to provide helpful information for those injured or who became sick whilst on holiday through the fault of a service provider such as an airline, hotel, package holiday company, car hire company or other.

Through this guide, we shall look at some of the circumstances in which British tourists and business travellers may be harmed whilst abroad as well as providing information on when and how you could claim compensation, how much you may be owed in our personal injury claims calculator and what time limits you may need to be aware of.

Making successful holiday accident claims revolves around proving the negligence of a service provider caused your injury.

Getting In Touch With Our Accident Claims Team

If you have had an accident abroad and want to check if you are eligible to claim compensation or be connected to a personal injury solicitor from our panel, please call us today. Talk to us today to check what your claim may be worth. Dial 020 3870 4868 or use our online form to request a call back. Alternatively, if you have questions about holiday claims, you can also send your queries using the Live Chat window now on your screen.

Services And Information

1. What Is A Holiday Accident?
2. Conventions And International Agreements Governing Holiday Accident Claims
3. What Are The Most Common Accidents Or Injuries On Holiday?
4. Holiday Accident Compensation – How Much You Could Receive
5. Package Holiday Accident Claims
6. How Much Time Do I Have To Claim For An Accident Abroad?
7. Claim For An Accident On Holiday – What Evidence Do I Need?
8. Holiday Accident Claims With A No Win No Fee Solicitor
9. Essential Holiday Accident Claims Resources

What Is A Holiday Accident?

Holiday accident claims deal with many different circumstances, in fact, such claims may deal with many circumstances similar to accidents which happen in the UK. Put simply, a holiday accident is any accident abroad which was caused by the negligence of someone other than the claimant.

An example of a holiday accident could be someone being struck by objects falling from an overhead storage locker on a flight which was not secured by cabin crew, or for unexpected turbulence, or even a hire car accident abroad. Accidents may also happen at your hotel, whilst using leisure or spa facilities, when on an organised excursion booked as part of a package holiday or other accidents relating to your flight. We should also note that people are able to claim compensation if their flight is delayed.

Could I make holiday accident claims for injuries in a hotel accident?

Were you injured in a holiday accident in a hotel? Perhaps you fell from a balcony that was not secured properly, or you suffered an injury in the hotel restaurant due to a slip, trip or fall?

Depending on whether you were on a package holiday or not, you could claim against the hotel itself or the tour operator. However, you must be able to show that negligence occurred. This means someone owed you a duty of care, breached the duty of care owed to you and caused you harm as a result.

Call our team for more information about whether you’re eligible to make a holiday accident claim.

Could holiday accident claims be made for swimming pool accidents?

Have you suffered an injury in a swimming pool accident that wasn’t your fault? Were there broken tiles in the swimming pool, or were the steps broken, for example? If so, and you were injured as a result of someone failing to uphold the duty of care they owed you, you could be eligible to claim.

However, the process of claiming may be different depending on who was negligent. If you’re interested in learning more, why not contact us.

Conventions And International Agreements Governing Holiday Accident Claims

From a hire car accident abroad to a slip or fall accident on a cruise ship, there are many locations and circumstances in which people may be harmed and where they may need to claim compensation.

Depending on where and how you were injured, the cause of your accident and defendant, your solicitor may utilise some of the routes to holidaymaker rights and eligibility to claim compensation.

The Montreal Convention

The 1999 Montreal Convention is an international agreement which establishes that an airline has liability for injuries (including fatal injuries) which have happened to their passengers. It also establishes the airlines’ liability in terms of delay and loss of or damage to your luggage.

Package Holiday Regulations

This is an article of UK legislation which establishes the responsibility of those providing either package holidays or what are called ‘linked travel arrangements’. There are different levels of protection afforded to those who booked their holiday in these two different ways. Examples of such claims may include claims for road accidents abroad involving airport transfers pre-booked at the time of booking your holiday.

Cruise Ship Passenger Rights

There are specific rights conferred on those who travel either on cruise ships or ferries travelling to and from the UK (as well as on international cruises). You can find some examples of these above.

This is not a comprehensive list of ways in which people can make holiday accident claims.

What Are The Most Common Accidents Or Injuries On Holiday?

There are types of holidays which may carry more inherent risks than others. For example, a ski or snowboarding holiday, adventure holiday or one involving a lot of sporting activities may carry more risk of injury than a week on the beach. However, even very relaxed holidays could still lead to you being involved in a holiday accident and visiting a doctors surgery or hospital abroad.

Examples of reasons for seeking accident abroad compensation include:

1. Road accident abroad claims, such as those involving hire car accidents, motorcycle accidents and those involving airport transfer vehicles.
2. Injuries caused by sporting activities. If you take part in an activity such as skiing, rock climbing or water sports which were booked as a part of your holiday package, you should be provided with adequate supervision, instruction and equipment to stay safe when participating.
3. Illness caused by a lack of hygiene in your hotel, such as inadequate cleaning of facilities causing you to acquire an illness from a swimming pool or spa.
4. Other accidents caused by a lack of safety or maintenance at a hotel swimming pool, such as slips trips and falls due to broken tiles.
5. Food poisoning or allergic reaction caused by food served in a restaurant or your hotel.

When travelling abroad, remember to keep details of either your travel insurance policy or EHIC card (if travelling within the EU) in a safe and accessible place in case you are injured or become sick and have to seek medical care.

Holiday Accident Compensation – How Much You Could Receive

Compensation for successful holiday accident claims can include general and special damages. General damages in holiday accident compensation addresses your pain and suffering.

The list below includes compensation brackets from the Judicial College Guidelines (JCG). This document may be used by those who value injury claims for general damages, as it provides guideline figures for a variety of different injuries. You can view the table below for guidance. Please note that the first entry is not taken from the JCG document.

• If your holiday injury claim covers multiple injuries plus special damages, which could include the cost of home care provisions, for instance, then the final compensation payout could be up to £500,000+.
• When claiming for moderately severe brain damage, leading to cognitive and physical disabilities, the compensation bracket is £267,340 to £344,150.
• For moderate brain damage (iii), which causes memory and concentration issues plus a small epilepsy risk, the compensation bracket is £52,550 to £110,720.
• If claiming for a severe back injury (i), which involves serious damage to the spinal cord and nerve roots and incomplete paraplegia, the compensation bracket is £111,150 to £196,450.
• When claiming for a moderate back injury (i), such as a crush or compression fracture which causes constant discomfort and pain, then the compensation payout is £33,880 to £47,320.
• For a severe neck injury (i), which results in incomplete paraplegia or permanent spastic quadriparesis, the compensation amount is in the region of £181,020.
• For a moderate neck injury (ii), such as a soft tissue injury that means there is seriously limited movement, the compensation bracket is £16,770 to £30,500.
• If claiming for the total loss of one eye, which may have psychiatric consequences, then the payout is £66,920 to £80,210.
• When claiming for a serious shoulder injury, the compensation bracket is £15,580 to £23,430.

Accident On Holiday Claims – Could I Be Owed Special Damages?

When making a claim for compensation for an accident on holiday, your settlement may also include special damages. Any financial losses you have suffered due to your injury could be compensated with special damages.  With certain holiday claims, loss of enjoyment could be factored into a special damages payment. For instance, you could be reimbursed for a holiday where your activities were restricted by your injuries. Other losses that special damages could compensate you for include:

• Medical costs.
• A loss of earnings.
• Travel expenses.
• Care costs.
• Home adaptations.

You will need to provide evidence of these losses to claim the back, such as receipts, bank statements or invoices.

Contact our advisors today to see whether you may be eligible for compensation if you have been injured in an accident on holiday. If they believe you could be, they could connect you with an experienced solicitor on our panel who could help you with your claim.

Package Holiday Accident Claims

For several years the UK has had strong legislation in place to protect people travelling on a package holiday. These rules may help people to make holiday accident claims in the event of an accident. In 2018 these rules were updated with The Package Travel and Linked Travel Arrangements Regulations 2018. These regulations apply to holidays booked after July 1st 2018.

These regulations cover two types of travel arrangements. These are package holidays and linked travel arrangements. Package holidays have both financial and legal protection, whilst linked-travel arrangements are only financially protected. The financial protection for linked-travel arrangements will only protect travellers in the event of the company organising the sale becoming insolvent. It does not provide any protection in the event that a service provider (an airline for example) collapses or fails.

If you have been harmed due to a failure by your package holiday company or tour operator, contact one of our panel of personal injury lawyers to check your eligibility to claim compensation.

How Much Time Do I Have To Claim For An Accident Abroad?

As addressed above, there are circumstances in which the typical three-year personal injury claims time limit may not apply. Circumstances in which different time limits may apply could include some of the following situations.

Claims made in a different country

If your accident did not happen in the UK and the party responsible is solely based in this country, your claim may be made outside the UK. For example, if an accident took place in Spain and a Spanish party is liable, the claim may be brought in Spain. As such, Spanish time limits and compensation settlement guidelines would apply.

In-flight Injuries

If you are claiming compensation under the Montreal Convention for an in-flight injury you should be aware that there is a shorter two-year personal injury claims time limit which applies.

To check what time limit may apply to your claim, please talk to one of our panel of holiday accident lawyers today.

Claim For An Accident On Holiday – What Evidence Do I Need?

In order to make a valid claim for an accident on holiday, you will need to gather the necessary evidence. Some evidence you might gather to support your holiday accident claim includes:

• Contact details of any witnesses to your accident
• Your travel documents
• Evidence of financial harm or loss, such as payslips if you suffered a loss of earnings
• Photographs of the accident scene and your injuries
• Medical evidence, such as a doctor’s notes
• CCTV footage of yourself during the accident

Once you have gathered the relevant evidence, we recommend hiring a solicitor to help you with your claim. A solicitor will have the requisite knowledge and experience to help you through every step of the holiday accident claims process, including gathering evidence.

For a free eligibility check, get in touch with our advisors today.

Holiday Accident Claims With A No Win No Fee Solicitor

If you’re aiming to start a holiday accident claim, we recommend getting help from a solicitor who has previous experience with handling this type of case. If you discuss your case with one of our advisors and they determine you have a valid claim, they could connect you with a solicitor on our panel. If they agree to take on your case, they may work with you on a No Win No Fee basis with a Conditional Fee Agreement.

A benefit of working with a No Win No Fee solicitor is that you won’t have to pay any upfront or ongoing legal fees. Also, you don’t have to pay your solicitor for their work if your claim fails.

If you win your case, a success fee is paid to your solicitor. The fee is a legally capped percentage that’s subtracted from the holiday accident compensation awarded to you.

You can contact our advisors if you have any further questions about holiday injury claims. Our friendly team is available 24 hours a day, 7 days a week, to help you.

You can our advisors by:

• Calling on 020 3870 4868
• Using our online claim form.
• Or you can use our live chat.

Essential Holiday Accident Claims Resources

In addition to the information discussed in this guide, you may also find the following resources helpful if injured specifically whilst on holiday or in other circumstances.

Compensation Tables for Personal Injury Claims
Find out more about general personal injury claims you could make with a solicitor in this guide.

FCO – Foreign Travel Advice
The UK Foreign and Commonwealth Office provides up-to-date travel and safety information for destinations around the world. Check the latest advice before you travel.

Travel Aware Campaign
Information from the government about how to stay safe when travelling abroad, such as advice relating to passports and travel insurance.

Unexpected Turbulence Aviation Passenger Accidents

Other Useful Guides

• How Do I Get More Money From An Injury Claim?
• Compensation For an Operation Gone Wrong
• What Should I Do If I Get Into A Car Accident?

Thanks for reading our guide to holiday accident claims. Please contact us if you have further questions about holiday claims.