Injured abroad: Can you claim on a package holiday?

Package holidays are becoming increasingly popular among people in Scotland who are looking to relax abroad. 

We all enjoy the warmth of the sun on our faces, but what happens if you or a loved one find yourselves unexpectedly caught up in an accident while on holiday? How do you navigate through such a situation with confidence and clarity?

Unfortunately, accidents can happen anywhere, even on your holiday, and ruin what should be an enjoyable break from reality. It is thought that on average 10 Brits experience an accident abroad every day, from an outbreak of food poisoning to something as serious as a car crash on your way to the hotel. Knowing how to handle any accidents that may happen on your holidays can be crucial.

What can I claim for if I’ve booked a package holiday?

ABTA describes a package holiday as 'when you purchase two or more travel services together'. These services can encompass transport, accommodation, car rental, or tourist activities like tours. 

When you have booked a package holiday deal, you may be able to make a compensation for your ordeal and any injuries sustained as the result of negligence of others in the Scottish courts. This includes situations where you get hurt during activities you've arranged as part of your holiday package.

We have decades of experience in helping people who were injured in accidents abroad – like the holidaymakers in Tenerife who needed help with Jet2 accident compensation and a vulnerable air passenger who won a legal action in his Easyjet holiday compensation claim.

No matter who you book with, you may be able to claim.

What first steps should I take? 

You may find yourself wondering, “Who should I speak to?” or “What am I meant to do now?”. You might not be sure if you should report it to or who you should report it to? 

Your gut instinct might be to speak to the rep you booked your holiday with or to even speak with the hotel staff who were involved in the accident.

You should avoid doing this, as it may cause problems if you want to claim any compensation.

Under the Package Travel and Linked Holiday Arrangements Regulations 2018, the organisation that sold or organised your holiday is who you would need to sue to get compensation. They may prioritise their own interests over yours and not be the best people to help get you what you deserve. 

With our years of dealing with personal injury cases, we've noticed something many holidaymakers often feel frustrated about: when they voice their concerns or complaints to holiday reps or hotel staff, it seems like nobody really listens to them.

How do I make a claim for an accident abroad? 

To make a claim against your package holiday provider, you will first need to prove that the accident was caused by the fault of the holiday provider, or someone associated with it (i.e. hotel staff). When trying to decide if someone is at fault, the standards prevailing in the country where the accident occurred will apply. This can make it difficult to claim compensation.

As soon as an accident occurs, some things you should do are:

• Take photographs and videos of the accident and all the injuries. Capture as much evidence from the scene as possible, including how the injury happened. Videos offer a more detailed perspective which is even better.
• Collect the contact details of any witnesses to the accident. This is important to do as it will be difficult to gather any details once you have left the country, and they may supply vital evidence and statements.
• Always ask for a copy of your medical records when you are leaving the hospital. It’s important that you seek any medical treatment promptly. 

Once these steps are complete, we recommend you report the accident to your holiday representative. Once they become aware of the accident claim, they will begin to take steps to safeguard their liability. 

If the rep completes an accident report, ensure this is completed in English and that you demand a copy. If they say no, then alert the holiday provider and demand that a copy be sent to you.

They might start throwing around different excuses to delay the process. At the end of the day, these are all tactics to make it difficult for you and make you give up hope on your claim. 

Once you are home, the best thing for you to do is seek legal advice to fully understand what your options are. There is a time limit to claim compensation so don’t fall into the trap of dealing with your travel agent. It matters to you that you are fairly treated and compensated for an injury sustained on holiday and that’s why it matters to Digby Brown.

Digby Brown has a dedicated Foreign and Travel team that is unrivalled in Scotland. Learn more about how our specialist team could help with your accident abroad claim by calling 0333 200 5925 or fill in our brief enquiry form.