Japan Accident Claims Guide – How To Claim Compensation For A Personal Injury On Holiday In Japan

Japan is a popular holiday destination for many British tourists.  It is also a popular stop-off for cruise holidays in the Pacific Ocean.    There are some very famous tourist attractions such as Mount Fuji, the Kinkaku-ji Temple and Fushimi Inari Taisha Shinto shrine. Due to the countries continuing growth in economy and with both the UK and Japan building on their cultural ties the amount of British tourists will continue to increase.

Japan holiday accident

Japan holiday accident

Accident Claims UK have put together this guide for UK tourists who may have suffered an injury or illness while visiting Japan that was caused through no fault of their own and are wanting information in regards to pursuing a holiday accident claim.

Accident Claims UK are personal injury specialists who could provide you with any advice you may need. If you’d like to begin your claim today, please contact us today on 0800 073 8801 and speak with one of our friendly advisors.

If you would like more information hopefully this guide will be able to answer all your queries.

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A Guide To Compensation Claims For Accidents On Holiday In Japan

According to  statistics, nearly 40,000 British tourist travel to Japan each year. There are 20 World Heritage Sites in Japan and many other cultural sightseeing tours available that continue to encourage tourists to visit.

If you have suffered an injury while holidaying in Japan due to the negligence of someone who owed you a duty of care you may be thinking of making a holiday accident claim when you return to the UK. If you choose to use a personal injury solicitor to represent you in your case they will want to prove that the following statements are true;

  • The defendant (the company or person you feel is responsible for the accident), owed you a duty of care.
  • Then, that they breached that duty of care.
  • And, finally, that the accident was caused by the breach and your injuries were caused by the accident.

We’ll provide information about how liability could be proven in some accidents.  As well as this, we’ll cover what you should do following an accident and why travel insurance is vital when travelling to Japan.

This guide is going to cover examples of the accidents that could happen such as road traffic accidents, slips trips and falls, hotel accidents, food allergies and package holiday accidents.

We will provide useful information, such as the British Embassy contact details, compensation amounts that might be awarded for claims pursued under UK law and also information on how our no win no fee service works.

Largest Cities In Japan And Popular Places To Visit

For your information, we’ve listed the 10 largest cities:

  • Tokyo.
  • Yokohama
  • Osaka.
  • Nagoya.
  • Sapporo.
  • Kobe.
  • Fukuoka.
  • Kyoto.
  • Kawasaki.
  • Saitama.

What To Do If You Are Injured Or Ill In Japan

If you are injured or become ill while in Japan, and you feel that such harm could have been prevented, that the injury or illness you are suffering could have been avoided, the following steps could be taken if you are considering making a holiday accident claim for compensation.

  • Seek medical attention as soon as possible. Seeing a doctor in Japan as a tourist can be tricky (see below) but is possible.  You should also see a UK doctor when you return if symptoms persist.
  • Report the accident to the company where it happened. This could be your hotel, the flight company, a shop, restaurant or any other public place.
  • Make a note of what happened, with dates, times and locations.
  • Ask any witnesses for their details. Your personal injury solicitor might use witness statements to substantiate your claim.
  • If you booked a package holiday, with a UK holiday provider, let their rep know about your accident.
  • Photograph the scene of any accident. If possible, do this prior to anything being removed from the scene of the accident.  Try to get an image that shows the reason the accident happened.
  • When you return to the UK, contact Accident Claims UK. We’ll assess your case to see if you have grounds to pursue a claim.

These steps could help making a claim easier but are not essential.  Even if you haven’t taken these steps, please contact our team to discuss your options.

Numbers To Call In Case Of An Emergency In Japan

If you’re involved in a medical emergency in Japan, or any other serious incident, you’ll need to dial the following numbers:

  • 110 to contact the police.
  • 119 to contact the ambulance or fire service.

In very serious emergencies, you’ll may need to contact the British Embassy in Japan.  We’ve included their contact details at the end of this guide for your information.  Usually, the embassy would get involved in serious accidents where there’s been a fatality, very serious injury or criminal assault.

Healthcare In Japan For Tourists

Going to hospital in Japan can be costly.  The medical services offered are usually done so at a very high standard but seeing a doctor in Japan as a tourist can be very difficult and expensive.

Therefore, we recommend that you should take out travel insurance, which covers healthcare, prior to travelling.  If you ever need to use the medical services, either by dialling 119 or travelling directly to a medical centre, you should contact your insurer as soon as possible.  Also, ensure you carry your insurance documents with you at all times.

Limitation Periods For Personal Injury Claims Abroad

A personal injury claim in Japan has to be made within certain time limits.  Failing to begin a claim on time means you won’t be able to claim any compensation.

We have provided time limits that may apply in your case;

Type of ClaimTime limit
Accidents or injury on a package holiday booked in the UK by a UK tour operator.3 years may vary.
An Accident or illness on a privately booked flight using the Montreal Convention.2 years may vary.
Privately booked trip.Speak to the advisors at Accident Claims UK for such time limits.

You could report your accident to a solicitor within these personal injury claims time limit to ensure they can file your claim on time.  It will also ensure they have enough time to collect enough supporting evidence to back up your claims.

If you’re unsure whether you can still begin a claim, contact our team for advice.

How Are Package Holiday Claims Conducted?

When you book a holiday through a UK package holiday provider, a personal injury claim might be made against the tour operator if they sold you a service which are responsible for the accident you were involved in through negligence causing your injury. This could be the hotel, the flight, an excursion etc.

Some of the more popular package holiday providers who sell trips to Japan include:

  • Virgin Holidays.
  • British Airways.
  • Kayak

If you are injured on your package holiday due to negligence of one operators that is part of the package deal then if you want to pursue a compensation claim it will be against the tour operator under UK law.

Always remember to log and report accidents that happen with the appropriate people so that a log of your accident is available for evidence.

What Are Accidents In A Hotel?

Whatever type of hotel you stay at, the operator has a duty of care to ensure you are safe while using their facilities. If you are involved in a hotel accident in Japan in order to be able to make a holiday accident claim liability must be proven on the part of the hotel to allow you eligibility to claim.

Types of hotel accidents that possibly could occur include:

  • A swimming pool illness due to unclean water that has not been hygienically maintained or chemically treated.
  • A hotel room accident, damaged furniture could cause lacerations, damaged electric sockets could cause electrical shocks, damaged flooring could cause trip hazards.
  • Slips, trips or falls could happen if health and safety procedures are not followed, a freshly cleaned wet floor without no warning signs could cause a slip hazard.
  • Accidents on stairs, if they are defected or damaged, or if handrails are not fit for purpose people could potentially fall down the stairs.
  • Escalators or in elevator that are not maintained could malfunction.
  • Food poisoning could occur if hygiene standards fall below expectations.

This is small sample of accidents that might occur in a hotel. If your accident that caused you to suffer a hotel injury is not listed simply call Accident Claims UK to see if you would qualify for personal injury compensation.

Allergic Reactions And Water Borne Sickness

Those who suffer allergic reactions will carefully check any food packaging or menus to ensure the food they are about to consume will not cause them to have a reaction. If the correct information is not given when appropriate a person may consume food they are allergic to. Symptoms of an allergic reaction may include;

  • A runny nose or sneezing.
  • Coughs, shortness of breath or wheezing.
  • Red or cracked skin.
  • Watery eyes.
  • Vomiting, diarrhoea, nausea or stomach pain.
  • Anaphylaxis

Aside from allergic reactions, another illness that could occur is one borne by water either from drinking water or from swimming pools.  If you contract any form of water borne illness, please contact our team of advisors for advice on eligibility of your case.

I Have Suffered Injuries Due To A Slip, Am I Eligible For Compensation?

Slip trip and fall accidents regardless of if they are negligent or not could happen anywhere whether in Japan or another country. They are so common due to the fact that so many different hazards could be the cause of them

You might slip at the airport, in a shopping mall, in the hotel, at a restaurant etc. In order for a claim for compensation to be accessible the cause of the fall will have been preventable had the correct procedures been put in place and the injury that has occurred will have been avoidable. The person responsible for the accident will have owed you a duty of care which was breached.

Examples of incidents where liability may be present;

  • If a floor is excessively wet or slippery and it hasn’t been cordoned off or warning signs have not been displayed.
  • When a trip hazard isn’t visible due to inadequate or faulty lighting.
  • Where a public walkway is uneven. This could include potholes or raised paving slabs (may vary).
  • If a handrail is damaged causing a person to fall.

Please call to discuss with a member of our team if you have any queries.

Tourist Road Traffic Accidents In Japan

If you’re involved in a car crash in Japan, you should try to collect as much evidence at the scene as possible.  Photograph the scene of the accident before any vehicles are moved, get the other driver’s details (name, insurance provider, number plate etc) and any witness details that you can.  Seek medical advice and treatment, ask for a copy of the medical report and remember, the British Embassy can help with serious injuries or fatalities.

If you suffer any injury following a car accident, including whiplash, you could potentially be able to claim compensation if it can be proven that your injuries were caused by another driver’s negligence.

Using A Personal Injury Claims Calculator Following An Accident On Holiday In Japan

When beginning a personal injury claim that happened in Japan, you might want to calculate the amount of compensation you could be entitled to.  Below we have included a table of amounts that are used within the UK to calculate the amount of compensation that could be awarded for certain injuries under UK law.

What injury did you suffer?How may your claim be worth? Additional information
A minor neck injury£2,150 to £3,810Recovery should be between 3 months and a year. Usually associated with a soft tissue injury.
A (more) minor neck injuryUp to £2,150Recovery should be expected within 3 months. Also concerned with soft tissue injuries.
A serious shoulder injury£11,200 to £16,830Shoulder injuries which will restrict the joints movement and its usefulness. Possible weakness of grip or a fractured humerus leading to restricted shoulder movement.
A moderate shoulder injury£6,920 to £11,200Injuries which are similar to frozen shoulder or discomfort with restricted movement possibly recovery in 2 years.
A minor brain/ head injury£1,940 to £11,200Minor head injuries or minor brain injuries. Brackets concerned with recovery time.
A less severe injury to the wrist£11,040 to £21,480Some level of permanent disability is expected.
A Severe pelvic injury£68,740 to £114,810Severe pelvic injuries which could leave you with substantial residual level or degree of disability, extensive fractures of the pelvis involving, for example, dislocation of a low back joint.
An amputation of the little finger£7,580 to £10,730Where you are aware of the loss of the finger.
A wrist fractureRarely exceed £8,970When recovery from fracture or soft tissue injury takes longer but is complete.
A jaw fracture(s) - severeUp to £39,940Three levels of severity (i), (ii) and (iii). The top end damages could be awarded to multiple fractures of the jaw followed by prolonged treatment and disability.
Food Poisoning £3,460 to £8,360Food poisoning causing significant discomfort, stomach pain and alteration to the bowel function, complete recovery 1-2 years.

Your personal injury solicitor will need to provide evidence, either medical records or specialist reports, to ensure you are compensated properly for your injuries.

The table shows compensation known as ‘General Damages’ which is the compensation paid for pain and suffering.

Special damages could also be apart of the final settlement amount if a successful claim. These generally are financial losses associated with your claim. Some of the special damages that might be included in a claim include:

Additional Travel Costs

If an accident causes you to incur extra travel costs, you might be able to claim them back.  This could be for travelling to or from a doctor’s surgery or the cost of returning back to the UK if you were unable to travel on your scheduled date.

Care Costs

Following your accident, if you require any professional care to help you recover from your injures, you could be entitled to claim the cost of a carer back.  Speak with one of our solicitors before committing to this cost.  We’ll advise if it could be included in your claim.

Medical Costs

You might have to pay out for prescriptions or other medicines following an accident. It’s also possible that you might have to pay for treatment not covered by your travel insurance.  Therefore, it might be possible to claim these costs back when claiming compensation.

Loss of Earnings

When you return to the UK, you may need time off from work to recover from your injuries.  While some employers pay full sick pay for a period of time, some only pay the statutory sick pay.  If you’ve lost any income because of your injuries, it may be possible to claim this loss back.

In more serious cases, where the claimant is injured so seriously that they can’t complete their workplace role anymore, the loss of future earnings could be claimed for as well.  The amount offered will depend on the salary of the claimant, their age and their job prospects.

The idea of special damages is to ensure that you are not left out of pocket following an accident that was not your fault.  They aim to return you to the same position, financially, as you were prior to the accident.  To help with this, try to retain as many receipts or bank statements to help your solicitor prove these costs.

Could I Claim With A UK Based Solicitor?

Using a UK based solicitor means you can remove any language barrier, the time difference and you won’t need to worry about understanding Japanese laws.

Any personal injury solicitor that we provide you with, will be suitable skilled and knowledgeable to be able to handle your claim from here in the UK.

No Win No Fee Travel Accident Claims

At Accident Claims UK, we offer a no win no fee service for every case that we take on.  We believe it makes claiming less risky and reduces the stress, here’s why:

  • No Win No Fee Agreements
    When you claim via a no win no fee solicitor, you’ll sign a Conditional Fee Agreement (CFA or no win no fee agreement). It will confirm that, if the solicitor doesn’t win your case, you don’t have to pay them. It will also show that, if the case is won, the solicitor will be entitled to a success fee.  This isn’t money that you have to send them, it is simply deducted from your compensation (limited to 25%).  If your case is won, the solicitor retains their success fee and sends the rest of the compensation to you.
  • Solicitors Who Charge Up Front
    If you pay a solicitor for their service by agreeing to an hourly rate or fixed fee for their service, you may have to pay up front. If they win the case, you’ll receive 100% of the compensation awarded. If they lose however, you won’t be refunded any of the fees you’ve already paid.  This means you could be considerably out of pocket and not receive any compensation. 

How Our Travel Accident Claims Team Could Help You

When you make contact with our team about your personal injury claim, we will follow the process outlined below:

You make contact with Accident Claims UK via telephone, email or websiteWe assess your claim and let you know the chances of claiming compensationWhen you're happy, we'll begin your claim

Contact Our Experts

Now that you’ve read this guide about making a holiday accident claim, we hope you’ve decided to use us to begin your claim with today.  If so, we can be contacted by any of these methods:

  • Telephone: Call free on 0800 073 8801 and speak with a friendly member of our team.
  • Live Chat: Use our live chat feature, 7 days a week, to seek advice about your claim.
  • Email: Send details of your claim to office@accidentclaims.co.uk and we’ll get back to you.
  • Online: Fill in our online form to begin your claim.

If you still have any questions about holiday accident claims in Japan, please call a member of our team. We’re happy to offer free legal advice to help you decide whether you have a valid claim or not.

Embassy Support And Related Guides

Thank you for reading this guide about claiming compensation for an accident on holiday in Japan.  For further information, we’ve linked to some useful guides and provided details of the British Embassy in Japan too.

Japan Travel Advice – A guide from the NHS covering immunisations and other health risks in Japan.

Holiday Accident Claims – This guide covers what you should do if you’re injured on a package holiday or other types of holiday.

Cruise Ship Accident Claims – Information about the different types of accident that could occur aboard a cruise ship and the amounts of compensation that could be awarded.

British Embassy Tokyo
102-8381
No 1 Ichiban-cho
Chiyoda-ku
Tokyo
Japan
Tel: (+81)(3) 5211-1100
Web:www.gov.uk/world/organisations/british-embassy-tokyo
Opening Hours: Monday to Friday 9.30am – 4:30pm

British Consulate General Osaka
541-0059
Osaka 3-5-1 Bakuro-machi
Chue-ku
Japan
Tel: (+81)(6) 6120 5600
Web:www.gov.uk/world/organisations/british-consulate-general-osaka

Edited by Mel.