An accidental injury is the absolute worst thing that can happen to you when you are on a holiday and if you happen to be travelling abroad, the complications can keep mounting.
You are far away from family and friends, you have no access to your familiar doctor or hospital and you could be in a place where you do not speak the local language. Getting injured abroad does not just put a dampener on fun, it can also cause some serious financial hardships as you seek medical help in a foreign hospital, extend your hotel stay and incur other miscellaneous expenses associated with the incident.
While it may do nothing to help you restore the excitement of the trip, it is of some comfort to know that under UK law, you may be entitled to claim injury compensation if you have been injured on vacation in another country.
What Your Right To Claim Depends On
Although every country has their own laws regarding injuries and accidents, your right to claim ultimately depends on the manner in which your vacation was booked. According to the Package Travel Regulations act, you are entitled to recompense only if the excursion qualifies as a package holiday and if it was booked through a UK company.
To qualify as a package holiday, you should have booked at least two elements of the holiday at the same time – elements could include travel, activities and accommodation. If you are injured and your trip meets with these criteria, then you have a right to file for compensation.
What Kind Of Accidents Are Included
Holiday accident cases can be extremely varied and can range from trips and falls to sporting accidents and air, road and sea accidents. Even illnesses and general complaints can be covered depending upon the circumstances.
Trips, Slips & Falls
If you sustain any injury as a result of a trip, slip or fall in any hotel, bar, restaurant, aircraft, train or cruise ship, you might be able to make a holiday accident claim.
Irrespective of how you choose to travel, you are entitled to compensation for just about any kind of accident that may occur while you are overseas.
Whether you are travelling in a hired car or your own vehicle, or you’ve been a passenger on a bus or train, if you have been involved in an accident that was due to somebody or something else and not yourself, you may have the right to file a claim.
If the accident happened when you were on board an aircraft or a cruise ship, or while embarking or disembarking the aircraft or ship, you may be able to file against the airline or the cruise lines or even the tour operator depending on the circumstances.
While all of us do accept that there is always some element of risk when partaking in sports activities, it is expected that the facility organisers or the activity organisers will have precautions in place to make our activity as safe as reasonably possible, especially for sporting activities such as skiing. If you have good reason to believe that the organiser or owner have failed in this regard then you can consider filing an accident claim.
These three types of accidents are some of the more common reasons for accident on holiday abroad cases. However the list is not exhaustive. If you happen to suffer an injury and are not sure as to whether or not you are entitled to compensation, it is best to seek the advice of a lawyer.
Determining The Extent Of The Compensation Claim
When the accident happens abroad, depending on where in the world the accident happened, different ways of evaluating compensation overseas as well as different insurance and other limits can apply. This means that the choice of jurisdiction can make a tremendous difference to the extent of damages that you may be able to recover.
The type of injury, how it happened and the extent of the injury are other deciding factors that will be taking into consideration for a fair and proper evaluation of the damages to be awarded.
Regardless of where in the world you are, you should not expect negligence of a third party to ruin your jaunt and it is only right that you should get compensated for the ensuing hardship as well as loss of enjoyment of your holiday.