What to do if you have had an accident whilst on holiday?

Posted 3 years ago by aequitaslegal

If you are unfortunate enough to be involved in an accident whilst on holiday, there can be a lot of people and organisations to deal with, especially in the initial few weeks. Here are some tips that you can use to help in certain situations

Please note that these tips do not constitute legal advice and are for guidance purposes only. If you would like to discuss an accident that you have been involved in, please contact us.

• Do not admit liability, until you have sought independent legal advice.
• If there are any witnesses, take full name(s), contact telephone numbers, addresses and emails.
• Take photographs of the accident scene with a camera or your camera phone.
• Check to see if there are any CCTV cameras that may have caught the accident, before you leave the scene. If so, ask for a copy.
• Report the accident to your tour operator or a first aider. Make sure that an entry is made in the Accident Report Book and obtain a copy.
• If you or any person involved in the accident is injured, consider calling an ambulance or seek medical advice as soon as possible.
• If you attend the hospital for medical treatment, ask for a copy of your medical records.
• If you believe the accident was not your fault, seek independent legal advice from a specialist personal injury law firm, such as Aequitas Legal.

If you have an accident that wasn’t your fault on a package holiday, your holiday tour operator might be responsible. This means you may be able to make a personal injury claim in the UK even if the accident had happened abroad.

For your tour operator to be held responsible, the accident or illness should have happened at your hotel complex or, if you were on an excursion one that was booked through the tour operator.

If you have broken any health and safety rule and the accident was your fault then you will not be able to claim any compensation. To prove that the accident was not your fault, you would have to demonstrate that your tour operator or their representative were negligent. This means if the complex you were staying at was not maintaining local health and safety standards or you were not warned of any possible dangers that had put you at risk.

You should report your accident as soon as possible to your tour operator’s representative in the resort or if there is no representative then call the UK based office and inform hotel management.

You should also inform your travel insurance company as soon as possible. They will be able to assist with any advice and medical treatment you may need.  Keep a record of all things related to your accident:

• Names and addresses of witnesses
• Holiday Tour Operator and on-site representative
• Guests who are with you
• Any medical treatment taken
• A copy of the accident report book entry
• Take photographs of what and where the accident / injury was
• Any medical reports given to you

When you return back to the UK it is wise to seek legal advice and claim compensation for a number of things such as:

• Injury, pain and discomfort
• Loss of enjoyment of your holiday
• Medical expenses
• Loss of earnings
• Transport cost
• In extreme cases, you can sometimes get the cost of your holiday back

For further guidance and friendly advice, give us a call.