Holiday Accident Claims Guide – How to claim compensation for a Personal Injury Claim Against holiday accident claims informationWhen you’ve booked a holiday through, you’ll probably get excited and expect to have a really good time, wherever you’ve decided to travel to.  However, if you are injured on holiday through no fault of your own, it could really ruin the trip, and possibly leave you with injuries that stay with you well beyond the duration of your vacation.  In some cases, if the travel agent, tour operator, or one of their agents was responsible for your injuries due to negligence, a personal injury claim might be possible.

Accident Claims UK work with specialist personal injury solicitors who could help you begin a claim.  If you’d like to start right away, please call us on 0800 073 8801 and speak with one of our advisers.

If you’d like to know more before claiming, please carry on reading this informative guide.

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A Guide To Making A Holiday Accident Claim Against are an online travel agency selling package holidays to UK (and other) tourists.  They offer all-inclusive holidays, last minute holidays and holidays with families in mind.  When you book a holiday with them, you expect it to be fun, enjoyable and relaxing but it can be nothing like that if you are injured at any point in your holiday.

This guide is going to explain what you should do if you have an accident on holiday and provides information about the amounts of compensation you might be entitled to.  We’ll also provide details about what you can claim compensation for.

Not all injuries can lead to a compensation claim though.  If you were involved in an accident because you weren’t paying attention, or were messing around, the claim would probably be unsuccessful.  This guide will provide information about the types of accidents that could lead to a successful claim for compensation.

If you’re considering personal injury claims, then read on to find out whether you could be eligible to do so.

What Is An Accident On A Trip? are an online travel agency that provides holidays, flights, accommodation and excursions.  When you purchase 2 or more main parts of your holiday from them, it is deemed a package holiday.

When you purchase a holiday in this way, you’ll be protected by the Package Travel, Package Holidays and Package Tours Regulations 1992.  These were set up by the British government to protect tourists. To be eligible to make a travel accident claim under these regulations, you’ll need to have booked 2 or more of the following from the same provider:

  • The flight or other transport
  • Your hotel
  • Any excursions

The tour operator or package holiday provider will usually ‘contract out’ the services you buy from them i.e. they won’t operate the flight, or hotel but will book them on your behalf.  However, your contract will be with the operator and therefore, if you’re involved in an accident which was caused by negligence and it leads to an injury, you could be able to make a Love Holidays accident claim.

What Could I Claim Compensation For?

When you begin a personal injury claim in the UK, there are a number of ‘Heads of Loss’ that a personal injury lawyer can include within the claim.  These include:

General Damages: This compensation is awarded to the claimant to cover the pain and suffering caused by their injuries.

Travel Costs:  If you’re injured on holiday and need to re-arrange your flight or other transport, you may be able to claim back any additional costs.  If you need to make alternative travel arrangements in the UK, if you’re unable to drive because of your injuries for instance, you may be able to claim these costs back too.

Medical Expenses: Some personal injury claims can include the cost of any treatment that you incurred as a result of your injuries.   That could include the cost of prescription medicines or over the counter treatments too.

Care Costs:  If you’re injuries mean you need professional care to help you while you recover, it might be possible to include the costs in your claim.

Lost Income: Your injuries might mean you need time off work to recover from your injuries.  If that means your salary is reduced, you might be able to claim any loss back.   In more serious cases, if you require a lot of time off or have to switch jobs, you could be able to claim for future lost income as well.

Damage to Personal Property: At the time of your accident, if any item of your property was damaged, you could seek the cost of replacing or repairing the item.  This could include damage to your suitcase, clothing, mobile phone or other devices.

Special Damages

The financial parts of the claim are known as special damages.  It’s important that you can justify how they were linked to your accident.  You should not gain from these damages, they’re simply designed to return you, financially, to where you’d have been if the accident didn’t happen.

Remember that you should keep any receipts and provide them to your solicitor as evidence.  You’ll also need to provide information about how the expense was linked to your accident and injuries.

How Much Compensation Could I Claim For An Accident With

A personal injury claims calculator can be a really good way of getting a general idea about how much compensation you could be awarded.   However, they aren’t as accurate as speaking with our team because they’ll be able to take all of the unique factors of your injury into account when estimating how much compensation you could be entitled to.  Please get in touch to discuss what your claim might be worth.   For reference, the table below shows some common injuries and the maximum amount of compensation that could be awarded under UK claim law.

Injury or Illness SeverityMax CompensationFurther Details
Food poisoningMinorUp to £3,460Food poisoning symptoms including diarrhoea, fever, nausea, sickness, or abdominal cramps, etc for the short term.
Food poisoningModerateUp to £8,360Food poisoning symptoms including diarrhoea, fever, nausea, sickness, or abdominal cramps, etc for the medium term.
Food poisoningSevereUp to £46,040Food poisoning symptoms including diarrhoea, fever, nausea, sickness, or abdominal cramps, etc for the long term.
Hand injuryMinor to seriousUp to £54,280This is a range of compensation settlements which start with injuries such as basic soft tissue damage and go up to loss of the use of the hand for the long term.
Arm injuryModerate to severeUp to £114,810This is a range of compensation settlements which start with injuries such as those that are painful but will heal eventually and up to damage to the arm causing permanent paralysis.
Finger injuryMinor to severeUp to £32,210This is a range of compensation settlements which start with injuries such as soft tissue damage and goes up to injuries which result in the amputation of one or multiple fingers.
Thumb injuryMinor to severeUp to £48,080This is a range of compensation settlements which start with injuries such as basic soft tissue damage and up to injuries which require the thumb to be amputated.
Back injuryMinor to severeUp to £141,150This is a range of compensation settlements which start with injuries such as strains and sprains and up to longer term injuries which cause restricted movement, causing pain until fully healed.
Neck injuryMinor to severeUp to £130,060This is a range of compensation settlements which start with injuries such as soft tissue damage through and up to injuries that cause pain and loss of movement permanently.
Toe injuryModerate to severeUp to £49,180This is a range of compensation settlements which start with injuries such as basic soft tissue damage and up to injuries which require the amputation of all toes.
Ankle injuryMinor to severeUp to £61,110This is a range of compensation settlements which start with injuries such as sprains, strains and tissue damage and up to permenant loss of function in the ankle.
Foot injuryMinor to very severeUp to £96,150This is a range of compensation settlements which start with injuries such as very simple soft tissue damage and up to injuries where the foot is lost completely.
Leg injuryMinor to severeUp to £119,210This is a range of compensation settlements which start with injuries such as tissue damage and on to injuries resulting in permenant disability.

If you don’t see your injury listed, don’t worry.  We can still help so give us a call to discuss the specifics of your case.  We’ll be able to provide a much better estimated compensation amount once we’ve discussed your claim in full.

Holiday Accident Statistics And Facts

There are some alarming holiday accident statistics revealed in a recent government study about travel insurance which include:

  • 17% of British tourists believe they don’t require travel insurance when travelling in the EU because they have an EHIC card
  • An example case showed that the cost of treatment in an American hospital and return flights costs around £100,000
  • 48% of tourists don’t realise that they’re liable for their own medical costs if they’re uninsured
  • Nearly 3,800 British tourists were taken to hospital abroad in 2011/2012 (this is around 70 per week)
  • Around 50% of British holidaymakers don’t check their travel insurance prior to partaking in a dangerous activity

Flight Accident Compensation Claims Against A Travel Agent

If you’re involved in an accident on an aeroplane, there are a couple ways to begin a compensation claim.

Firstly, you might be able to claim against your holiday provider if the flight was booked in the UK, as part of package holiday.  If that’s not an option, you may be able to claim under the Montreal Convention 1999.  This was setup to replace many similar conventions that had been set up by individual countries when tourist flights became more common.

There are pros and cons to each type of claim. Claiming for package holiday injuries on a plane, for UK tourists, usually allows a little bit more time for the claim to be made, whereas a Montreal Convention claim is usually a bit easier as the convention makes the airline automatically liable in certain instances.

To find out which is the best way to claim in your case, please call one of our specially trained advisers.

Hotel Accident Compensation Claims Against A Travel Agent

If you book a hotel through LoveHolidays, as part of a package holiday, they have a duty of care to make sure that any hotel they place their customers in are operated to minimum hygiene and health and safety standards. personal injury claims can sometimes be possible if you’re injured in an accident, caused by some form of negligence.

Examples of a LoveHolidays hotel accident which could be caused by negligence include:

  • Food poisoning which was caused because food was stored, prepared, cooked or reheated incorrectly
  • Slips, trips or fall caused by some form of defect. This could be a wet floor, with no warning signs, a damaged balcony barrier, damaged flooring or missing handrails on stairways
  • Waterborne illnesses such as Legionnaires’ disease
  • Accidents in a swimming pool where signs didn’t identify that a pool was deep or if it was too shallow for diving
  • If you’re injured by damaged or faulty fixtures of furnishings. For instance if you sit in a char which is damaged and it collapses, causing you to suffer injuries

If you believe you’ve been involved in some form of hotel negligence which caused you to become injured, then call one of our team for a free assessment of your claim.

Types Of Accidents Or Injuries On Holiday

While it’s possible for any type of accident or holiday injury to occur, there are some which are more common than others.   Some of the more common accidents that can happen include:

  • Accidents involving transfer vehicles such as taxis, buses or coaches
  • Slip, trips or falls in hotels, airports, restaurants and other public places
  • Swimming pool, sauna and Jacuzzi accidents
  • Accidents on excursions
  • Illnesses caused by poor hygiene in a hotel, restaurant, bar or café
  • Incidents while participating in sporting, skiing or water sports activities
  • Boating accidents

Here is the list of some of the more common illnesses which could lead to personal injury claims:

  • Bruising and soft tissue damage
  • Food poisoning
  • Concussion and other head injuries
  • Water borne illnesses including Legionnaires’ disease
  • Broken and fractured bone injuries
  • Cuts, grazes and lacerations
  • Sickness and diarrhoea
  • Neck and back injuries
  • Fatal injuries including drowning
  • Burns and scalds

If you’ve been involved in any of the accidents listed and suffered an injury, and if the accident was caused by somebody else’s mistake, error or other negligent act, you might be entitled to compensation.   Please speak with us to discuss if you’re eligible to claim.

Time Limits For Compensation Claims Against A Travel Agency

It’s really important when claiming for a LoveHolidays package holiday injury, or any other injury claim, to know there is a personal injury claims time limit.  The limit will depend on the circumstances of the claim you’re making.   The table below lists details of the current time limits which may apply:

Type of ClaimTime Limit
A claim for an injury or illness on a package holiday booked in the UK3 years
On a privately booked flight to or from a country which is a member of the Montreal Convention2 years

Where your claiming for holiday illness compensation, a travel agent food poisoning claim, or if the claim is for an accident at a hotel, you need to make sure you contact a personal injury lawyer in plenty of time so that they can gather the supporting evidence and file the claim on time.  Any claim made after the deadline will be automatically rejected because it would be deemed time barred. As such, because time limits can vary so much, the sooner you seek advice from a personal injury solicitor the better.

What Are The Roles And Responsibilities Of A Travel Agent? – Duty Of Care

When you book a holiday with you are legally entering a contract with them.  You should receive a copy of this contract either as an email or in the post.  This contract, as well as the package holiday regulations mentioned earlier, will outline what you have paid for, what’s included in your holiday and, in some cases, what’s not included. have a duty of care to ensure any service they provide you with is safe and maintains reasonable safety standards.  Therefore, if they or a contractor fail to ensure your safety in a reasonable way, you could be entitled to claim compensation if you become injured.

Remember, to make a holiday accident claim, you need to have been involved in an accident, which was caused by some form of negligence and led to you becoming injured.

What You Need To Do If You Are Injured When On Holiday Abroad

If you are unfortunate enough to be involved in an accident on holiday, then there are a number of steps which will make LoveHolidays personal injury claims easier.  You should try to do as many of these steps as possible:

  • Firstly, ensure you receive medical treatment for your injuries. You may need to call the emergency services (Dial 112 in most of Europe).  Check with your travel insurer about what you’re covered for first.  Once you’ve been treated, you could ask for copies of the medical records which can be used as evidence of your injuries
  • Report the accident to your holiday rep. If you don’t have a rep call the UK number that provide you with
  • Also, if your accident happens in public place, such as a hotel or restaurant, report the accident to staff. They should record it in an accident book – ask for a copy of the entry as further evidence
  • Take photographs at the scene of any accident. Try to do this before anything is moved and try to capture the root cause of the accident in your pictures
  • If there is CCTV in the area, ask if a copy can be emailed to you
  • Remember that this won’t be retained for long, so act quickly
  • Ask any witnesses for their contact details and, if they’re able to, ask them to write a statement of what they saw
  • Photograph any visible injuries you can
  • Keep receipts for any expenses you incur because of your accident
  • Remember to make a note of what happened. It can be very easy to forget details when asked later on.  Write down the date, time, location and any other relevant information

After you return to the UK

When you return to the UK, contact us here at Accident Claims UK with as much of the evidence in the list above as possible.  We can work through the evidence with you, identify if anything else is required and then decide whether you have a valid claim or not.

No Win No Fee Travel Accident Claims Against

When making a personal injury claim, many clients are worried about paying for the legal fees.  It can be difficult to find the funds to pay a solicitor and we doubt anybody wants to risk losing those funds if the claim is unsuccessful.  That’s why we offer a No Win No Fee service for all claims that we take on.  Here’s how No Win No Fee Agreement works.

First of all, we’ll assess your claim during a free consultation.  We’ll take as many details from you as possible including what happened, what injuries you sustained and how they affected you.  If we believe you’ve got a strong case, we’ll draft a Conditional Fee Agreement (or CFA).  This is the legal name for a No Win No Fee agreement.

The CFA will detail the fact that:

  • You don’t need to pay your solicitor anything up front
  • There will be no fee to pay if the case is lost and no compensation is awarded
  • And, if the claim is successful, the CFA will explain what the success fee will be

Success fees are taken straight from your compensation, so you don’t need to find the funds to pay your solicitor. They cover all of the solicitor’s costs, so you won’t have to pay them anything else for their services.

We believe that No Win No Fee agreements make claiming compensation risk free and stress free as well.

Contact Our Accident Claims Team

Now that you’ve read this guide about personal injury claims, we hope you’re ready to start your own claim.  If so, you can contact us by:

  • Or by filling in this online form so we can call you back at a convenient time

Remember that Accident Claims UK are personal injury claim specialists, can help with claims for any holiday destination and always work on a No Win No Fee basis for claims we accept.

We’ll start with a free consultation to establish the facts and you can ask as many questions as you need to.  Even if you’re not quite ready to claim, we’ll offer free legal advice about what else you need to do, so please contact us today to discuss what steps you’ll need to take next to proceed with a claim.

Where To Learn More

Thanks for taking the time to read this guide, we hope it’s been helpful.  For further information we’ve linked to some more documents below which you may find useful.

New Package Holiday Regulations – Information from ABTA about the latest package holiday regulations which apply from July 2018.

Food Poisoning Symptoms – This guide, by the NHS, details the main symptoms of food poisoning and what treatment options are available.

Foreign Travel Advice – A UK government website offering travel advice for British citizens travelling to most destinations around the world.

Package Holiday Accident Claims – This guide offers a more generic look at package holiday accidents, not just about personal injury claims.

Slips, trips and falls – A useful guide which covers the causes of trips and falls, the types of injuries that can happen and how much compensation you might receive.

If there is any more information we can provide, please get in touch and let us know.