Accident abroad - how do you claim compensation?
Being on abroad on holiday should be a relaxing time to enjoy the beach, a hike in the mountain or to rest in the sun.
However, what if your holiday has been ruined by an accident involving to you or to a relative?
Air accident compensation
A lot of holiday destinations will be reached by airplane. This may be part of a travel package, or you have booked the flight yourself. But what if there is an accident?
An accident on a plane does not only mean a plane crash, it can also mean incidents while getting on or off the plane and during the flight such as a crew member spilling a hot drink on you which caused an injury.
There is a strict fault regime against the airline company for injuries sustained in many circumstances.
Air accident claim time limits
For any plane accident claims, be aware that any action in an air travel case has to be raised or settled during two years after the date of the arrival at the destination, to comply with the Warsaw Convention or Montreal Convention.
This is different from the three year limit which generally applies to personal injury claims for accidents happening in Scotland.
Compensation for accident abroad
In other cases, you may suffer an injury because of an accident abroad on a foreign road, as a driver, passenger or pedestrian and you have to go to a hospital while on vacation.
In some cases there may be damages and consequences for your future, for example an injury could impact your employability or day-to-day needs.
Accidents abroad claims – what is the time limit?
With accidents abroad it depends on different factors to identify which jurisdiction is relevant.
Keep in mind, there may be a time sensitive issue as some foreign jurisdictions have shorter time limitations than the three years following a personal injury in Scotland.
Claiming for injuries abroad
If you have been injured abroad or while flying there, our advice is to gather all your evidence to prove that there has been an accident due to the negligence of others with injuries being a result of it e.g. on board of an airplane.
As a rule:
- fill out an accident report form with the airline
- keep all your receipts
- take pictures of the environment of the accident
- take pictures of the injuries you have suffered.
Accident and medical reports
We recommend you make a copy of any accident reports or medical records of hospitals abroad, and write down contact details of possible witnesses.
Furthermore, contact a specialist solicitor as soon as possible after the incident to make sure the case will not be time-barred.
Digby Brown’s personal injury solicitors
Our Foreign and Travel department at Digby Brown is dedicated to pursuing personal injury cases where Scottish people have been injured abroad, for example, on airplanes, cruise ships, hotels or on foreign roads.
Our expertise in this area is unrivalled in Scotland and we have well established links with foreign solicitors and experts to assist with any accident abroad compensation claim.
We hope you are having a great abroad, but in the unfortunate event that an accident happens to you, we are here to help you get the compensation you are entitled to.
Contact Digby Brown on 0333 200 5925 or fill in our online enquiry form