Brexit: How has it changed your rights when travelling abroad as a Scot?

Following officials’ announcement to scrap remaining Covid-19 entry requirements to the UK, travel agents reported:

• Spring sales in April this year were 33% above pre-covid levels according to online travel agent ‘On The Beach’.
• Long-haul destinations such as the Indian Ocean, United Arab Emirates and Caribbean are experiencing a rise of more than 100% compared with sales levels prior to the pandemic.
• Other popular destinations including the Mediterranean and the US enjoyed double-digit sales growth on 2019.

But as we see an increase in foreign travel we shouldn’t forget about some key changes to travelling laws that have happened since the UK left the European Union. 

It is important to know what these changes are as they don’t just impact your legal rights – they may also impact the way you will be compensated or change what companies are required to do to put things right.

Those injured abroad are particularly vulnerable and often find themselves negotiating medical care, different authorities or companies and even needing to address problems with flights or accommodation – and sometimes, all in a different language.

We therefore hope that highlighting the following points will help you feel equipped with information from experts, in advance. That way, if the unfortunate happens to you or a loved one, then you can approach things in the best possible way to aid your recovery, your rights and your return home.

What difference has Brexit made to holiday accident claims?

In many cases those injured abroad will sustain financial losses. These may be in the form of:

• hospital bills
• costs of medication
• or even things like having to pay for changes to flights or hotels.

Those who are affected by such issues may wish to recover those losses. 

One of the key reasons people come to Digby Brown with their holiday accident claims is because they know their solicitor will speak their language, be able to access help from reputable foreign agents and have the experience to navigate foreign processes.

Brexit has changed things by removing many of your rights and protections.

If you have a car accident in Europe, you can no longer pursue compensation for injuries sustained in that accident in Scotland (unless the driver responsible was Scottish). You will need to use foreign solicitors that may not be no win no fee.

There are many other types of claim that cannot be pursued in Scotland any longer as we are not subject to the EU’s jurisdictional regime which was designed to be beneficial to workers, travellers and consumers. It will also be harder to investigate claims arising from accidents abroad. Furthermore, it is now more likely that a European court may not enforce a claim that has been decided upon in Scotland.

This is why it is essential that you contact Digby Brown LLP that has a team of solicitors specialising in accidents abroad who have also built up a network of lawyers in foreign countries that may be able to assist you.

Mark Gibson, Partner and head of our Foreign & Travel team:

“We continue to have jurisdiction to pursue package holiday cases in Scotland against tour operators through the current version of the Package Tour Regulations. 

“In an accident abroad case against a hotel booked directly, without the involvement of a tour operator, we may be able to use special consumer contract legislation to bring the case in Scotland.”

What to do if you fall ill on holiday

When it comes to holiday sickness it is crucial that you:

1. Make notes about when the symptoms began
2. Report these to the tour operator 
3. Take details of any other holidaymakers who were also affected as they may be help provide good witness statements in the future
4. When you return home visit your GP and request tests/samples to identify pathogens or bacteria

A sample will establish whether the type of bacteria or “pathogen” involved is typically associated with the consumption of food or water sources. It also helps determine the incubation period of the illness to ensure that the illness did indeed occur during the holiday.

If you are on holiday in Europe you can use your European Health Insurance Card (known as EHIC) for healthcare cover abroad. However if this card has expired, you will need to apply for a new UK Global Health Insurance Card (or GHIC). These cards are available for free via the Government webpage ‘Applying for healthcare cover abroad’. 

It is important to have comprehensive travel insurance in place as your EHIC/GHIC may not cover all expenses if a serious accident occurs.

Can I still make a claim if my accident didn't happen at the resort?

Yes. If the accident happened on board planes, boats, cruise ships or offshore platforms you can consult with a solicitor in Scotland for help. 

What happens if you can’t raise an accident abroad claim in Scotland?

Where we don’t technically have jurisdiction to bring an accident abroad case in Scotland, our travel law team have a network of local contacts in all main holiday destinations. 

We work alongside local contacts to ensure clients have the benefit of a Scottish lawyer they know and can communicate with. It also means they have the advantage of a local foreign lawyer familiar with the legal system in the country where the accident happened. 

Mark Gibson is the Scottish General Board member of the Pan European Organisation of Personal Injury Lawyers (PEOPIL) and Scotland’s only APIL accredited Specialist in Accidents and Illnesses Abroad. 

It is very important to select a Scottish lawyer with knowledge of foreign legal systems and with trusted local contacts – for example, in countries like Spain the time-bar for making a claim can be much shorter than in the UK.

Expertise in all types of accident abroad claims

If you have any questions regarding accidents abroad or the contents of this blog, you will find more information on our accident abroad claims page.

For advice about travelling abroad, including the latest information on coronavirus, safety and security, we urge you to consult the Government ‘Foreign Travel Advice’ page prior to making a booking.
 

Image