Saracens Blog

Can I claim compensation for my Holiday Accident?

Personal Injury Accident on Holiday SolicitorThis is the time of year that we all come back to work after several weeks in the sunshine, proudly sharing our holiday photos with our families, friends and colleagues. With the children comfortably back at school, most of us reflect on our memories of the summer holidays. For most of us the memories are joyful ones, yet for thousands of others who have suffered injuries from a holiday accident, this period can be a distressing one of reflection and recuperation.

Any holiday accident can lead to injuries which may linger as not only is there the ruined holiday you are reflecting over but the negative thoughts associated with it, especially if the holiday accident led to involvement with foreign authorities like the police force or even a stay in hospital.

You should be wary of your rights at all times and also be aware that holiday insurance is not your only recourse if you have had an accident whilst on holiday. Here is what you can do:

If you have had an accident or injury abroad (including food poisoning) always act quickly and tell the local on-site holiday agent or tour operator as quickly as possible about what has happened. If there are any witnesses, ask them for their contact details – They may prove to be very useful to you. If your injury is a serious one and has required hospitalisation, always keep a record of which hospital you were admitted to and who treated you there. Then inform your insurers to avoid having to pay out personally for any medical expenses.

Always take photographs/video footage of the place where the accident happened as well as your personal injuries. You can do this nowadays on most modern mobile phones. You may not be going back to the place you had your accident for example; if you have a holiday accident just before your flight home so, you must keep an accurate record of what happened. Whilst you are advised to have adequate holiday accident insurance cover, it is important to be aware of the small print. Very often, financial losses and compensation for the injury is not covered by Insurance so for this you will need to make a separate claim.

The Law in this area is complex and can be tricky for you to unravel as there are many regulations to fall foul of and there is a danger that without proper legal advice, you could become confused and not claim for everything that you are entitled to claim for.

There is some good news though.  If you made your holiday booking through a travel agent or online as part of a package deal, then there is a strong chance you can start your claim for your holiday accident through them when you come back to the UK. The specific law to be applied here is the Package Travel, Package Holidays and Package Tours Regulations (1992). This gives you a right to claim against the UK based holiday company you booked your holiday with i.e. the tour operators.

Saracens has years of experience in dealing with this intricate area of law and we have helped many injured clients who have either been misinformed of their rights or where a holiday accident has led to someone offering them an immediate cash incentive such as vouchers and refunds just to avoid a claim being made.   If you have had a holiday accident, do not be lured by such offers. What may seem like a trivial injury when you are many miles away from home, can suddenly transform itself into something much more sinister and critical.  Do not under settle your claim by accepting the first offer you receive.

Also, make sure you read your holiday brochure carefully.  Does it offer you services to a high standard of safety? Why not make sure that you hold the tour operators to their word?

It may be that a piece of furniture injured you or that you slipped in a bathtub where there was no safe matting. You may have fallen from a tour bus where there were no handrail to help you get to your seat.

Have you had a holiday accident in these ways? The holiday company can be held responsible for poor service so make sure you keep a record for when you return to the UK and always speak to a solicitor for proper legal advice before deciding on what you wish to do.

Here are some more examples of holiday accidents you can claim for:

  • Road accidents [If you are involved in a car accident you can claim in the UK, even if the foreign driver does not have insurance]
  • Accident as a passenger in a bus or coach or other vehicle.
  •  Food poisoning
  • Cruise boat injuries
  • Tripping over a broken or damaged path or floor
  • Injuries caused by falling objects.

Whilst these are just some examples, there are many others, such as skiing holiday accidents or accidents involving poor treatment when on holiday.

Always remember, if you have had a holiday accident, don’t be influenced by any company telling you to accept an early payment.  You will not know what the value of your claim is unless you have had proper legal advice and have been medically examined.

Have you had any shocking accidents whilst abroad on holiday?  We would like to hear from you if you have had such a holiday accident. Why not write to us directly through our website or on Saracens’ facebook?  It will only take you a few minutes. Our consultation is free, so you need not have any more nightmares about your holiday accident experience.

Miss Minal Popat

Personal Injury Solicitor

Saracens Solicitors


26 Responses to “Can I claim compensation for my Holiday Accident?”
  1. Timothy
    09.26.2012

    While I was doing stunt work for EON productions, Mr Craig and myself had some injuries. I suffered more. Where do I got to make a claim?

    • 09.30.2012

      Dear Timothy,
      Thank you for your enquiry. Entitlement to compensation is not automatic and more detailed information is required. The grounds for making a claim will depend on a number of factors such as whether you were freelance or employed, whether appropriate health and safety training was given and if EON have been in breach of any health and safety regulations. If you would like Saracens to investigate the matter further please contact me on mpopat@saracenssolicitors.co.uk

  2. Mrs Ruby Sussman
    09.26.2012

    I had a minor car accident.
    The lady driver had no license except for a Pakistan issued passport and offered a cheque for 1100 pounds.
    Unfortunately, a few days later, my bank said it was bounced. I tried at the address she given but no one knows who she is. It has been terribly frustrating getting help.
    Can you please assist us?

    • 09.26.2012

      Dear Ruby, thank you for your enquiry. Did this accident occur recently? if you have the registration number for the other driver’s car it may be possible to trace details of ownership of the vehicle and find out if there was a valid insurance policy in place. if there is an insurance policy in place and the accident was the other driver’s fault, a claim can be made by notifying her insurers. If you also suffered an injury, the claim needs to be made via an electronic portal. If there is no valid insurance in place and you suffered an injury, you can apply to the Motor Insurers Bureau. If you would like further advice or assistance in resolving your case, please contact me by email on mpopat@saracenssolicitors.co.uk

  3. Lakshmi
    09.26.2012

    I just tried calling the number provided but nothing. Can someone please kindly check? I have not been the same since eating many exotic foods in India. I am feeling nauseated and listless since returning back to Britain a week ago from a package tour. My whole family have flu like symptoms and most of us have blisters in the mouth still.

    • 09.26.2012

      Dear Lakshmi. Thank you for your enquiry. I am sorry to hear that you have been unwell since your/your family’s return to Britain from India. If the holiday was booked via a tour operator/package tour in the UK and the food consumed on site of the hotel/ or restaurant it may be possible ot make a complaint and consider whether any terms in the holiday brochure may have been breached or if there has been any negligence. I would also like to know how long your most serious symptoms lasted and if you received any medical treatment either on your holiday or when you returned to the UK. Please contact me by email on mpopat@saracenssolicitors.co.uk if you would like to discuss the matter further so I can advise you on your legal rights. I look forward to hearing from you. Minal Popat

  4. Timothy
    09.28.2012

    Any chance of a reply to Tim enquiry? I am worried incase I get blacklisted. I have three children and a wonderful wife (who is expecting soon) to support. Ta

  5. Amarpreet
    09.28.2012

    I was injured by my boyfriend who shoved me onto the road after I refused to give him anymore money. He is unemployed. I told him I was not going out with him anymore and that was when he became very physical and violent. I spent 2 nights in the hospital and was discharged 1 days ago. I am back at work and on light duties.I have not filed any police report as I am afraid of what he can do to me. Can you please advise me. My boyfriend is from Pakistan and a student dropout.

    • 09.30.2012

      Dear Amarpreet,
      I am really sorry to hear about your condition. I recommend that you go to the police immediately and report the incident. You should also contact the criminal injuries compensation authority to apply for an award. They have strict rules and also time limits, such as reporting the incident to the police immediately and failure to do can mean an award may be refused. You may require the advice our family department for guidance on obtaining a court order to prevent any further incidents. Please contact me on:
      mpopat@saracenssolicitors.co.uk for further advice.

  6. Jacques
    09.28.2012

    My luggage bag was damaged when I picked it at the airport. I called the air carrier concerned and was offered 50 pounds. The bag cost me 200 pounds and some of the contents suffered damage as well which cost 300 pounds to replace. Is this normal, the offer of 50 pounds? I traveled economy on an internationale flight.

    • 09.30.2012

      Dear Jacques,

      Thank you for your enquiry. Usually a claim can be made under your holiday insurance policy if the loss is covered subject to a small excess. If your losses are not insured and the damage was caused by the air carrier, they should be able to provide you reasonable compensation for your loss and a letter should be sent to them enclosing any documentary proof of purchase. If you require any further advice you can contact me on
      mpopat@saracenssolicitors.co.uk

  7. Doyle
    09.28.2012

    Are photographs enough as evidence? We happened to stumbled across out dated foods in their garbage bin and some of their seafood had formalin like taste. This occured on our holidays in Greece organized by a local tour company. Needless to say, our stomachs went through many hours of hell. The tour organizer has denied and accused us instead. Please reply on what to do next.

    • 09.30.2012

      Dear Doyle, thank you for your enquiry. Did you complete a complaint or accident form for the tour operator? The photographs showing the out of date stamp may be useful if it can be shown that you consumed the same or similar food. If you saw a doctor after the problem started, the record will be important evidence. I would be happy to take up your enquiry further to see if a claim can be made for food poisening. Please email me on mpopat@saracenssolicitors.co.uk if you would like a free consultation.

  8. Khalol
    10.03.2012

    This may sound funny but it did happen to me when I went off to Greece for a holiday package. The tour guide and I had a fling and while everyone were in the restaurant during the stopover, she asked me into the coach and she went crazy on me. Although I liked her, I did not expect this degree of intensity which led me to injuring my back and also my knees.
    I do not wish to blame her completely but I did declined to do anything of the sort particularly when the rest of the tour passengers were eating and could come back in anytime due to unforseen circumstances.
    I am suffering very bad backbone stinging pains and also my knees are agonizing to lean on at all times.
    I received plenty of messages from her indicating her affections and desire for me since.
    What could I do now? We are not together but she says she is very much in love with me even when I said to her that we need more time for that.
    But she has gone quiet on me suddenly when I asked her to helped me pay for my medical bills!
    What could I do now?

    • 10.10.2012

      Dear Khalol
      Thank you for your enquiry.
      There are a number of different elements here and I am unclear from your e-mail as to the exact facts. I am not sure if the conduct you have identified amounts to sexual assault and in a court of law, one of the issues which will arise is if this incident was reported to the police. I will require more details as to how you injured your back and knees specifically. From your post, it appears that you went along with her advances and its not clear at what point you asked her to stop. In essence, this is a case of your word against hers. If you are bringing a claim the burden of proof rests with you to show that she, as an employee or agent of the tour company was responsible for your injuries and losses. One possible hurdle you would have to overcome, is the fact that you appear to have gone into the coach with her willingly. The first thing to do is to report this to the police and you may want to enter into correspondence with her/her company, asking that they accept responsibility for your expenses and injuries. Be aware though, that the facts described above, are not easily provable.

  9. Jaswant
    10.05.2012

    I went along with some friends for short holiday to Ireland. During a stopover at a pub, a chandelier came crashing down without warning and some glass fragments pierced my legs. All the waitress did was to clean it all up and never offered me any assistance to any clinic or anything at all. I asked her about my legs and she said she would asked her manager. Nothing happened. The manager did not even bother see me. I feel as if there was some racist attitude involved. Please advise me kindly. I have all photographs of my wounds bleeding and the pub.

    • 10.05.2012

      Dear Jaswant, I am sorry to learn that you suffered an injury in this way. Did you seek any medical treatment or see your doctor? The pub has a duty of care to you, in so far as it is reasonable, to ensure that the premises were safe for you. If it can be shown that the chandelier was poorly fitted, defective or not inspected by the pub, or that the pub was responsible, there may be a possibility of making a claim. Please email me on mpopat@saracenssolicitors.co.uk for further advice.

  10. Berzenski
    10.05.2012

    When I was on an Italian holiday package tour, I broke my teeth eating an omelet at the restaurant (appointed by the tour company). 2 of my frontal teeth have cracked and they look embarrassing . I tried to claim but they have not replied for over 10 days. What can I do?

    I still got the chicken bone fragments in the omelet.

    • 10.05.2012

      Dear Berzenski,
      I am sorry to hear about the damage to your teeth.
      It would appear that there is a potential claim and a formal letter in compliance with the personal injury pre-action protocol would need to be sent to the company to start the process. If you require assistance and would like a free consultation please email me on mpopat@saracenssolicitors.co.uk

  11. elizabeth
    10.09.2012

    I am in my thirties and went to Greece under a package tour. The restaurant served alcohol and I drank quite a bit. I remember the staff helping me to lay at the back room. But when I woke up I noticed marks on my chest and almost slimy substance. I only noticed this when I got back to the hotel. I tried telling to my room mate but she does not wish to get involve over there as she is already depressed over her husband extra marital affair which is why she went for this trip. At the time, she said I was probably molested when I was out cold. She is quite willing to acknowledge now that we are back in the UK when I spoke to her on the phone.
    It has been only a week since I left Greece. What steps should I take now and can you help me?

    • 10.10.2012

      Dear Elizabeth,
      Thank you for your enquiry.
      Generally speaking, a travel company has a duty of care to its clients. I am not entirely clear from your post if it is being suggested that the tour company had organised or suggested the venue, or if you reported the incident to your tour operator. It would be helpful if there was some evidence of what happened on the day such as independent eye witnesses, or cctv camera evidence. You state that you tried to tell your room mate, but it is unclear whether you also reported this to the tour operator and the local police. You may want to write a letter to the tour operator informing them about your injuries and notify the police.The onus is on you to prove you were assaulted/molested and you may want to find out who was working at the restaurant at the time and make more enquiries, but it may not be easy to prove who precisely was responsible for your injuries.

  12. Kate Darcy
    10.10.2012

    On my way to my hotel room, I accidentally scrub myself against a thorny indoor plant. It is rather large and I wondered why no one has prune it or even remove it as it is a dangerous location for where it is. I was bleeding when this happened. I called the hotel reception but she said the doctor was away for 2 days. In the end I went to a private clinic and paid for the whole thing in which I also received an injection in case the plant was poisonous. Is there anything I can do against the hotel or the tour organizer?

    • 10.10.2012

      Dear Kate,
      Thank you for your enquiry,
      Package tour operators have to comply with the Package Travel, Package Holidays and Package Tour Regulations 1992 and if you can show that the plant was dangerously placed you may be able to claim for the injury and losses. I would need further information before advising, such as how large was the plant, where was it placed, if there was any warning notice to keep away from the area where the plant was located, if you have any photos of the plant and your injuries, if an accident report book was completed and if the incident was reported to the tour operator. If you would like further information and advice, please contact me on mpopat@saracenssolicitors.co.uk

  13. Khalol
    10.10.2012

    Why hasn’t anyone replied to my email? Do I have to pay in advance?

  14. Marachi
    10.11.2012

    I would like to ask you about your charges and if your advice are time based?

    • 10.11.2012

      Thank you for your enquiry. We offer a free consultation on all personal injury matters and we have a regular free advice clinic. After assessment of your case, and considering your funding options we are able to offer most of our clients a conditional fee (“no win no fee”) agreement. Please contact me on mpopat@saracenssolicitors.co.uk for further advice and information.


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