Making a holiday accident claim

At Slater and Gordon, we understand that accidents can happen anywhere and with travel being a huge part of many people’s lives, accidents and injuries on holiday do happen. We're aware of how stressful it can be when you’re involved in an accident or are injured when you’re abroad and that is why our dedicated team of holiday claims solicitors are here to provide you with expert legal advice within the world of travel.

Our unique background and exceptional capabilities are what sets us apart, as our team includes those who have honed their skills and deepened their knowledge in the travel sector while working for the in-house legal departments for some of the largest tour operators in the UK. Many of our holiday claims solicitors also bring prior experience from the travel industry itself, having worked in roles within tour operators. This invaluable experience equips us with an insight into the intricacies that can often arise in accident abroad cases, enabling us to approach your case with a comprehensive understanding of the industry standards and practices.

Our team of specialty lawyers are exclusively focused on handling cases related to accidents that happen outside of the United Kingdom. This singular focus ensures you receive the highest level of expertise and attention for your unique situation.

With our team by your side, you can rest assured that you have a dedicated group of lawyers who are not only experts in their field but also deeply empathetic to the challenges you may be facing.

Can I make an accident abroad claim?

When booking a holiday abroad or going overseas, you expect you will remain safe and healthy, especially if booking package holidays. However, accidents abroad can still happen, and complications can arise causing distress and anxiety. With our help, you can put in a holiday accident claim which means you can claim for medical expenses, pain and suffering felt and any other financial losses that have occurred. However, in order to make an accident abroad claim, certain requirements and eligibility need to be met. Those include:

• A third party must have been negligent.
• Due to negligence, you have sustained injuries.
• There is strong evidence to back your claim.

In some cases, if you book a package holiday with a UK-based travel agent, any accidents will be the responsibility of the tour operator or the agent you booked with. This is only if there is evidence to support your claim, but our team of holiday claims solicitors will be on hand to help advise you throughout the legal process.

We know how unnerving it can be if you experience an accident on holiday and, due to the differing international legislations, putting a claim forward can be difficult to navigate. However, our dedicated team are fully equipped with the legal expertise to handle your claim, offering No Win No Fee claims for many accidents abroad to help ease any financial stress. For more in-depth knowledge on how to put in a claim, our holiday claims guide will help to understand the course of action you will need to take.

What types of injuries can lead to an accident abroad claim?

There are many types of accidents that can happen when abroad for which you can make a claim. Those include but are not limited to:

• Wet flooring or misplaced objects causing a slip, trip or fall: If any of these occurred on the hotel grounds, around the pool or even off balconies, you could put in a travel claim.
• Swimming pool accidents caused by a lack of safety precautions or supervision: If an accident happened in the pool without proper supervision or precautions, then the hotel has been negligent, meaning you are entitled to put in a claim.
• Road accidents caused overseas that were not your fault: Whether you were injured as a pedestrian or from a car crash, a coach trip, in a motorbike accident or whilst you were riding a bicycle, a scooter or a horse; you can claim.
• Injuries on foreign public transport: If you were injured abroad on public transport, we can help.
• Injuries that happen during a day excursion: As these are usually organised by tour operators or hotels, if an accident happens that was not your fault, then there has been negligence.
• Accidents at sea: Compensation claims for accidents at sea include cruise ship and boating accidents, scuba diving and water sports accidents.
• Injuries sustained on a flight: The Montreal Convention 1999 imposes strict liability to airlines in respect of accidents which cause injury.
• Medical negligence caused by substandard treatment from medical professionals abroad, including incorrect treatment and surgical errors.

Even if you are still abroad as you read this, we have the expertise and the contacts to assist you with international legal representation, medical treatment, and rehabilitation support anywhere in the world. If you think you may have a holiday accident claim, our experts will be happy to discuss your options.

Start your holiday accident claim

Are there time limits to making an accident abroad claim?

When making a holiday accident claim, you will need to be aware of any time restrictions that could affect it. In the UK, the law sets a time limit, in most cases, of three years from the date of an accident in which to start a claim. However, different countries have different time limits, and it is important to be aware of those.

For example, if the accident took place in Spain, there is a relatively short time limit of one year to file a personal injury claim.

For accidents that happen during package holidays, the time limit for making a claim is typically three years. This is based on the Package Travel, Package Holidays, and Package Tours Regulations, which allow travellers to pursue compensation for accidents or injuries sustained during a package holiday for up to three years from the date of the incident.

The Montreal Convention and the Athens Convention both establish time limits of two years from the date of the accident for making claims related to accidents during international travel. The Montreal Convention covers accidents that occur during international air travel, while the Athens Convention establishes liability for damage suffered by passengers carried on a seagoing vessel.

Specific circumstances can also affect the time limits for accident abroad claims including:

• Age: Some areas may have different time limits for those under 18 years old, and in some circumstances the time limitations will not begin until they turn 18.
• Contributing Factors: The discovery of an injury or the identification of responsible parties may not occur immediately after the accident. In some cases, the time limit may be extended if this can be demonstrated that they only became aware of the injury or its cause at a later date.
• Jurisdictional Differences: Different countries have their own laws and regulations governing time limits for personal injury claims. These limits can vary widely, so it is essential to consult with a legal expert who specialises in accident abroad claims to understand the specific time limits that apply to your situation.

We would always recommend contacting a legal expert as soon as possible after the incident happened to ensure your claim meets the legal time frame.

Why choose our holiday claims solicitors?

The knowledge our team of lawyers has with accident abroad claims is unsurpassed with many of the team having worked in the legal teams of tour operators and package holiday providers, giving them a keen insight into the world of travel.

At Slater and Gordon, we understand navigating the complexities of having an accident on holiday can be daunting, but that's where we excel. Our team doesn’t just specialise in personal injury cases; we focus exclusively on cases with a foreign element. What sets us apart is our strong network of relationships, both domestically and internationally. We work closely with medical experts and foreign solicitors who provide us with invaluable insights to expedite your claim swiftly and efficiently.

Whether your injury occurred while traveling to or from your destination, during your stay, while working abroad, or due to substandard medical care overseas, our team will be by your side every step of the way. We believe everyone should be entitled to legal expertise which is why we offer 'no win, no fee' and other funding options.

Leading the team is Stephen Goodman, a 'rising star' in the Legal 500 and a 'Star Associate' in the 2022 edition of Chambers and Partners, which means you can trust you have an exceptional legal advocate on your side. Stephen is also a fellow of the Chartered Institute of Legal Executives, demonstrating his unwavering commitment to excellence in his field.

When you choose our holiday claims solicitors, you will not only be getting legal expertise for your holiday accident claim, but a dedicated and empathetic lawyer who will help you get the compensation you deserve.