Types of accident abroad claims
Every year thousands of people are injured abroad. The types of accidents abroad are varied and include accident at work claims, road traffic accident claims and holiday claims.
Accident at work claims
Many people suffer accidents, injuries or illnesses while working abroad. If you or your loved one have been unfortunate enough to be a victim of an accident or illness while working abroad, we would be happy to investigate a possible claim on your behalf. We will advise you on the best place in bringing your claim.
The general rule is that a claim should be brought in the country where the accident occurred, however it is sometimes possible to claim here in the UK. We will explain all possible options open to you. The place where you bring your claim will affect the amount of the compensation you are likely to receive. The laws relating to liability, costs and funding differ in different countries and can make a significant difference to the overall outcome of your case. We will give you the best advice as to the available options open to you.
Some countries have shorter limitation periods to bring a claim and in some of them you can only claim within a year from a date of an accident so it is important that you contact us as soon as possible after suffering an accident at work whilst abroad.
Road traffic accident abroad claims
If you have been injured in a road traffic accident abroad, either as a driver, passenger, pedestrian or cyclist and the accident was not your fault, you may be able to bring a claim for compensation. You may be able to bring your claim in the UK directly against the driver’s insurers or their claims representatives in the UK.
Since the introduction of the 4th and 5th EU Motor Insurance Directives and the Rome II Convention, it is much easier to make a claim for a road traffic accident which occurred in the EU or EEA. It is now compulsory for EU insurer to appoint UK representatives to handle claims which involve UK holidaymakers injured in RTAs.
If you have been injured by an uninsured driver or if you have been a victim of a ‘hit and run’ involving an untraced driver, you still may be able to bring a claim through the Motor Insurance Bureau (MIB).
Holiday claims
The Package Travel Regulations 1992 allow anyone who has suffered an injury or illness abroad to make a claim for compensation against a tour operator in the UK. If an accident or illness is caused by the failure of a tour operator or its suppliers to properly perform the package holiday contract, then you will have a claim for a breach of contract under English Law or the Supply of Goods and Services Act 1992.
This is beneficial because compensation recovered under English Law is generally better than compensation awarded in other countries.
Do the Package Travel Regulations 1992 apply? You may be entitled to make a claim for compensation against a tour operator in the UK under the Package Travel Regulations 1992 if:
- The package holiday was sold or offered for sale in the UK;
- The package holiday included a combination of at least two out of:
- Transport;
- Accommodation;
- An additional significant tourist service.
- The holiday was prearranged;
- The holiday was sold or offered for sale at an all-inclusive price, and
- The service included overnight accommodation or covered a period in excess of 24 hours.
We have dealt with a variety of holiday claims including:
Injuries are often caused by slips and trips at a hotel or in the hotel grounds, falls from defective balconies or falls and trips in the bath or shower.
Hotel swimming pools can be badly maintained and common accident causes include broken tiles, badly marked pool depths or defective pool drainage and filtration systems.
- Skiing/snowboarding accidents
You may have a claim if your accident was caused by defective or inadequate equipment, lack or inadequate training or supervision.
- Scuba diving/jet skiing accidents
Injuries are often caused by poorly maintained equipment or inadequate equipment, lack or insufficient supervision.
If you had an accident whilst on board a Cruise ship, you may have a claim for compensation. Injuries are often caused by trips and slips, or you can get injured on organised excursions.
