Accidents & Illness Abroad
While on a package holiday the travel agent or holiday organiser is responsible for your safety. Although you were overseas at the time of the accident you can still claim once you are back home in the UK. Below are a few simple questions you should ask yourself before beginning the claims process.
Where did the accident occur?
The site of the accident is of primary importance, you need to have had your accident: in the hotel or apartment premises, on some form of excursion organised by the holiday company, or during some form of activity provided by the company as part of your holiday.
Here are some possible accident scenarios:
- You cut your foot on a chipped tile in the resort swimming pool – yes, this is probably reason for a complaint.
- You fell from a jet ski and dislocated your shoulder – no, this is not the responsibility of the package operator, unless they organised it as part of your package.
What caused the accident?
First of all, if you were to blame for the circumstances leading to your accident you will not be liable to compensation. For example, ignoring instructions regarding the use of correct safety procedure while using a hired motorcycle.
As a general rule, a compensation claim will usually be upheld if there is proof that the package firm staff acted in a negligent way. This usually include matters such as: poor quality or badly maintained equipment, a failure to provide adequate warning of hazards or failure to provide correct safely equipment for activities requiring it.
Was the incident reported?
It is essential that you make the tour operator aware of the accident as soon as it happens. In the absence of a tour operator member of staff you should report it immediately to the tour operator’s head office.
It is also advisable to inform the resort staff and ask for a log of the incident to be made – as for proof of this and ask for a copy for you own records. If you need medical or pharmacy care keep receipts of any transactions.
In addition, inform your travel insurance provider of the accident.
Do you have a record of the accident?
Seek medical advice immediately after your accident, as well as being sound advice in regards to your own personal well-being, it is important for your claim. Any delay in seeking help may lessen the chances of a successful compensation claim.
Collect all receipts, bills and notes surrounding your treatment. Make note of the personal details of any witnesses or medical staff involved in your treatment. If possible record the cause of the accident and the subsequent injury – photographs or video provide great evidence.
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