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How to prove your holiday sickness claim is genuine

How to prove your holiday sickness claim is genuine

Posted 4 years ago by in ,

It’s little over a year since the Government announced new measures to tackle fraudulent holiday illness and food poisoning claims.

The changes aimed to curb false claims and stop honest holidaymakers being hit with higher prices for getaways abroad.

But could you now be at risk of your claim being rejected – or worse, facing a fine or prison sentence yourself?

There’s no need to panic – if you’re genuinely unwell on holiday or as a result of food eaten while away, you shouldn’t be scared of claiming compensation.

Reputation management

The most important thing is to establish credibility and do as much as possible to protect your claim against accusations of fraud.

As these types of case are never ‘black & white’, there’s no way to provide a concrete guarantee you’ll receive the compensation you deserve.

But there are things you should do to lend weight to your case and address questions that will inevitably be asked, such as:

  • Arrange to see a doctor as soon as you can – either abroad, or at the first opportunity when you’re home
  • Insist that the doctor lets you give a stool sample
  • Note which food or drink consumed you believe to have caused your problem, including when and where
  • Take photographs of the food on holiday when in the restaurants, particularly if there’s an argument about whether the food has been left out and uncovered where flies or mosquitos are ably to fly over it

Following these steps, plus any guidance provided by an experienced solicitor should help make it clear your claim is genuine.

At its height, the problem of fraudulent claims serious enough to prompt the Solicitors Regulation Authority to issue a warning to law firms to be aware.

And the travel industry trade association, ABTA, was even prompted to address the issue, with chief exec Mark Tanzer commenting on the volume of claims:

‘[They] have been costly to the travel industries in the UK and popular overseas destinations and damaged the reputation of British holidaymakers abroad.

‘Some hotels in Spain and Turkey were even considering closing their doors to British tourists.’

Fair, not fraudulent

Aequitas Legal partner Matt Trusch comments:

‘As we saw with bogus whiplash injury claims a few years ago, this was becoming a big challenge to the credibility of some law firms.

‘Coupled with the impact on the travel industry, it’s not surprising that the government acted to halt these.

‘But we’re working hard to ensure that people who have genuinely been taken ill on holiday get the compensation they deserve.

‘With the right legal support and action taken to establish credibility and trust, clients can claim with confidence.’    

To discuss your holiday illness compensation claim with a member of our specialist personal injury team, please call us on 0161 358 0800.

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