Learn About Making A Holiday Accident Claim

The last thing you expect to happen whilst on holiday in the UK or abroad is to be injured. In certain circumstances, you may be eligible to claim personal injury compensation. In this guide, we look at when and how you could be eligible to make a holiday accident claim.

We will provide you with more information on how to make a holiday accident claim and the eligibility criteria your case must meet. We also look at the types of accidents and injuries you could claim for.

Following this we discuss how compensation may be calculated for such claims. Finally we also look at how a specialist No Win No Fee solicitor from our panel could help you to claim compensation.

Our team is on hand to answer any questions you may have about claiming for an accident on holiday in the UK or abroad. To discuss your potential holiday compensation claim you can:

  • Call an advisor on 0161 696 9685.
  • Use the live chat to talk to us.
  • Request a call back from a member of our team using our online ‘contact us’ form.

A man and a woman board a boat. The woman has her leg in plaster.

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When Can You Make A Holiday Accident Claim?

You may be able to make a holiday accident claim if you suffered an injury while on holiday.

While you are on holiday, many third parties will have a duty of care that relates to their services, quality of work and your safety. If you suffer an injury because this third party failed to adhere to their duty of care, you will be able to make a compensation claim.

It is important to note that usually, your claim will need to be made in the country where you suffered your accident and injury. This means that your case will be subject to the laws of that country and your compensation amount may also differ from a claim that is made in England.

However, you may be able to make your claim in the UK if you travelled on a package holiday. This is established by the Package Travel and Linked Travel Arrangements Regulations 2018. This was introduced to hold package holiday providers accountable should one of their travellers suffer an illness or injury due to them being negligent. When you book a package holiday, you are owed a duty of care for your reasonable safety under components of the package, such as the hotel.

To be able to make a holiday accident claim under the Package Travel and Linked Travel Arrangements 2018, you must be able to show:

  1. You were owed a duty of care by the tour operator at the time and place of your accident.
  2. They breached their duty of care. For example, if the tour operator was aware of a faulty handrail in the hotel but the operator failed to repair it.
  3. You suffered an injury due to this breach. For example, you suffered a break or fracture when you fell down the hotel stairs due to this faulty handrail.

If you have been injured abroad and would like to know whether you could make your claim in the UK, you can contact one of our advisors.

How To Make A Holiday Accident Claim

In order to make a successful personal injury claim for an accident on holiday, you will need to clearly show that another party was at fault for your injuries.

Evidence which could help with your holiday accident claim may include:

  • Photographs or videoes that show the scene of the accident, what caused it and any visible injuries. These can help to show where and how you were injured.
  • The contact information of anyone who witnessed your accident abroad. They could be contacted at a later date for a statement.
  • Medical records of your injuries and treatment, including any medical treatment you underwent once returning to the UK.
  • Any correspondence between the holiday provider and yourself. For example, if you wrote an official complaint, you could submit this with any response that you received.

Can I Make A Claim If Injured When On Holiday In The UK?

You may still be able to make a compensation claim if you suffered your injury while on holiday in the UK. However, you would still need to prove that someone breached a duty of care they owed you and that this caused your injury.

To discuss your potential holiday accident compensation claim you can contact one of the friendly advisors on our team.

What Types Of Holiday Accidents Could You Claim For?

While you are on holiday, there are various different types of accidents that may occur. Some examples could include:

  • You suffer a head injury when you fall from the balcony of your hotel room to the railing being faulty.
  • You suffered multiple injuries, including a broken ankle and wrist injury, when slipping on a wet floor in the hotel lobby due to there being no ‘wet floor’ signs displayed.
  • Due to the plug socket in your hotel room not being safety checked, you suffered an electric shock injury.
  • You trip in a pool area due to broken or loose tiling and suffer an arm injury.

These are only a few examples of accidents abroad. To see whether you may have a valid holiday accident claim, you can contact our advisors.

A plane cabin with passengers.

How Much Compensation For A Holiday Accident Claim?

If you are able to make your holiday accident claim in the UK, your compensation settlement may consist of general and special damages.

General damages are awarded in all successful compensation claims and are for the pain and suffering your injuries have caused you experience.

Those tasked with valuing your claim for general damages will use any medical evidence you have provided. They could also refer to the compensation guidelines provided by the Judicial College (JCG). The JCG provides guidance when assigning value to personal injury claims filed in Wales or England.

We have used some of the JCG’s figures in the table below, aside from the first entry. Please only use this table for guidance.

Multiple severe injuries and financial lossesSevereMultiple serious or severe injuries and financial losses such ass lost earnings, medical expenses and travel costs.Up to £3000,000+
Neck injurySevere (ii)Serious neck fractures or damage to discs in the cervical spine.£80,240 to £159,770
Moderate (i)Fractures or dislocations that may require spinal fusion surgery.£30,500 to £46,970
Leg injurySevere (b) (ii) Very SeriousInjuries causing mobility issues that are permanent and requiring mobility aids for the remainder of their life.£66,920 to £109,290
Back injurySevere (ii)May include nerve root injuries, impaired mobility and impaired bowel or bladder function.£90,510 to £107,910
Severe (iii)Fractures of discs or disc lesions leading to chronic conditions£47,320 to £85,100
Foot injurySevere (d)Booth heels or feet have fractures that cause restricted mobility.£51,220 to £85,460
Pelvic injuryModerate (i)Significant injuries to the hip/ pelvis but without causing a major disability.£32,450 to £47,810
Elbow injuryLess severe (b)Injuries which impair function but do not cause disability or require surgery.£19,100 to £39,070
Shoulder injurySerous (b)Shoulder dislocations with damage to the lower part of the brachial plexus.£15,580 to £23,430

Special Damages

You may also be awarded special damages as part of your holiday accident claim. This provides you compensation for any financial losses your injuries have caused you to suffer.

Some examples of costs that could be compensated under special damages in holiday injury claims include:

  • Loss of earnings.
  • Medical costs, such as the cost of treatment outside of the UK.
  • Transport costs, such as repatriation flights and travelling to medical appointments.
  • Hotel stays if you have to extend your stay abroad.
  • The cost of lost pre-booked excursions and activities.

You will need to provide evidence of these costs and losses, such as invoices, wage slips and other receipts.

What Is The Time Limit When Making An Accident On Holiday Claim?

The time limit for making a personal injury claim in the UK is generally three years from the date the accident took place. This is per the Limitation Act 1980.

Certain exceptions apply for those who were injured as a minor or who lack the mental capacity to make their own claim.

If you are making your holiday accident claim in the country where the accident took place, this time limit will depend on the laws of that country.

Contact one of our advisors today if you have any questions.

Why Claim Compensation On A No Win No Fee Basis?

If you have been injured while on holiday, a solicitor from our panel could help you with claiming compensation. The solicitors on our panel generally offer their services on a No Win No Fee basis.

By offering you a Conditional Fee Agreement, you could experience the following benefits:

  • You will not need to pay for your solicitor’s services at the start of a claim or while they are working on your case.
  • You will not need to pay for your solicitor’s services if you are not awarded compensation.
  • You will only pay for your solicitor’s work if you are awarded compensation. Your solicitor will deduct a pre-agreed percentage from your compensation This percentage is capped under legislation.

If you have any questions about the process of making a holiday injury claim, you can contact one of the advisors on our team:

  • Call 0161 696 9685
  • Fill out our ‘contact us’ form to get a call back from our team.
  • Speak to us using the live chat on this page.

A solicitor discussing a holiday accident claim with their client.

Read More About Claiming Personal Injury Compensation

Learn more about claiming personal injury compensation in these resources:

Further external resources:

  • In the government guide to foreign travel you can find tips on staying safe when abroad.
  • Learn when you should provide first aid with this NHS resource.
  • You can get the latest foreign travel advice for your destination at this government resource.

If you have any further questions about making a holiday accident claim, please contact our team.