If you've been injured in an accident abroad that wasn't your fault, you could be entitled to make a holiday accident claim for personal injury compensation.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Holiday Accident Claims
If you’ve been injured on holiday, whether in the UK or abroad, you may be eligible to make a holiday accident claim. If another party was responsible for the accident, they may owe you compensation for your pain and suffering, medical costs and other related losses.
A specialist holiday claims solicitor can help you seek compensation, whether you suffered mild soft tissue injuries, a broken bone or a head injury. The most common accidents leading to claims include slips, trips and falls, sports injuries, assaults, road traffic accidents and food poisoning.
Call 0800 470 0472 today or request a call back to find out if you have a valid holiday compensation claim. You will receive a free case assessment with no obligation to proceed.
Key points about holiday accident claims
- Eligibility: You may be entitled to claim if you were injured on holiday due to unsafe conditions, poor hygiene, or a lack of care by tour operators.
- Package Holiday Claims: UK-based travel companies are responsible for ensuring health and safety standards abroad if the holiday was booked as a package.
- Time Limit: You typically have 3 years to start a claim, but this may vary depending on the country and type of claim being made.
- Compensation: Amount depends on the type and severity of injury or illness, lost income, and additional travel or medical expenses.
- No Win, No Fee: Your solicitor may offer a no win, no fee agreement, which usually means you only pay a success fee if your case is successful.
Table of Contents
What are the main types of holiday accidents?
A holiday accident claim is a type of personal injury claim made by someone injured while on holiday due to another party’s negligence. The most common types of holiday accidents leading to personal injury compensation claims include:
- Hotel accidents, such as slips, trips and falls caused by wet floors or falling objects.
- Road traffic accidents, including car accidents, pedestrian accidents and public transport accidents.
- Swimming pool accidents caused by loose tiles, chemical burns or lack of supervision.
- Airline accident claims, such as falling luggage or rough landings, governed by the Montreal Convention.
- Accidents during organised sports, such as skiing, hiking, playing tennis or windsurfing.
- Cruise ship accident claims, such as slips, trips, falling objects, or collisions, may be brought under the Athens Convention.
- Accidents during excursions and activities, including sightseeing tours, zip-lining or horseback riding.
- Illnesses such as food poisoning or Legionnaires’ disease due to contaminants and poor hygiene.
This guide explains when you can make a compensation claim, the applicable time limits, how much compensation you may be entitled to and what steps to take if you are injured while on holiday.
Can I make a holiday accident claim?
If you or a loved one were injured in an accident on holiday, you may be able to make a claim for compensation. The easiest way to find out whether you have a valid claim is through a free consultation with a holiday accident solicitor who can determine whether:
- You were owed a legal duty of care.
- Another party acted negligently.
- This breach of duty caused your accident.
- You sustained an injury as a direct result.
Even if your holiday was abroad, you may still be eligible. A personal injury solicitor specialised in international law can help you make an accident abroad claim and seek the compensation you may be entitled to.
Who is liable for holiday accident compensation?
According to each claimant’s unique situation, the party liable for a holiday accident compensation claim could be:
- The tour operator – If you booked a package holiday, your claim will usually be made against the travel company, according to the Package Travel and Linked Travel Arrangements Regulations 2018.
- A business owner – If you booked your travel, your claim would be against the party in charge of the premises where your injury occurred, such as a hotel owner.
- An airline or cruise company – If you had an accident during a flight or on a cruise ship.
- A road user or compensation body – If you had a road accident, you could claim compensation from the at-fault driver or an organisation such as the Motor Insurers’ Bureau (MIB) or foreign equivalent if you were injured abroad.
Our team of expert holiday claims solicitors can identify the potentially liable party and help you pursue compensation from them, where appropriate.
How long do I have to make a holiday accident claim?
Usually, the time limit to make a holiday injury claim in the UK is three years after the accident date, with a few exceptions:
- A child injury claim can be made at any time before the child’s 18th birthday. Afterwards, they have until 21 to claim for a holiday accident themselves.
- There is a 2-year time limit to make a criminal injuries claim through the Criminal Injuries Compensation Authority (CICA).
- There are generally no time limits to make a claim on behalf of someone who lacks the mental capacity to handle their own case.
- Claims under the Athens Convention and the Montreal Convention have a 2-year limitation period.
If you were injured in an accident abroad and cannot claim in the UK, the time limits can vary considerably between countries. For example:
- Spain and Thailand – one year.
- France, Mexico and Japan – usually ten years.
- Belgium and the Netherlands – five years.
- Ireland and Canada – two years.
- The USA – depends on the state.
What to do if you have an accident on holiday?
If you are involved in an accident while on holiday, whether in the UK or abroad, there are a few steps you should take to protect your health, safety and legal rights:
- Seek prompt medical care to have your injuries assessed and documented.
- Take photos or videos of the accident scene and what caused your injuries.
- Take pictures of your injuries and any damage to your personal belongings.
- When possible, secure CCTV or dash cam footage of the accident.
- Write down everything you can remember about the accident and how it affected you.
- Ask for the contact details of any witnesses.
- Report the accident to the responsible party and request a signed copy of the accident report.
- If applicable, report the incident to the police.
- If you booked through a holiday company, inform them about your accident.
- Keep track of all the related financial losses you incurred as a result.
If you believe you are entitled to compensation, contact a holiday accident claims solicitor. They will assess your case and help build your claim if you are eligible.
Your solicitor will notify the defendant of your claim and start negotiating a fair settlement on your behalf. If liability is denied, they will issue court proceedings and prepare to present your case before a judge (this is rare, as over 96% of all claims are settled out of court).
How much compensation can I claim for a holiday accident?
The amount of compensation you may be able to claim will depend on the severity of your injuries, the accident circumstances and the impact on your life. This will cover two types of damages:
- Special damages for any financial losses or expenses related to your accident. These typically include prescriptions, private treatments, travel expenses, loss of earnings and the cost of any holiday activities you paid for but could not attend after the accident.
- General damages, for the direct physical and psychological effects of the accident. These include physical pain, emotional suffering, loss of enjoyment of life and loss of amenities.
General damages are not easily quantifiable because they don’t have a specific monetary value attached to them. If you make your claim in the UK, the compensation for general damages will be awarded based on the 18th Edition of the guidelines published by the Judicial College.
According to your specific circumstances, your compensation could fall within these brackets:
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Moderate brain damage likely to affect the senses, with some dependence on others | £57,000 - £289,000 |
| Arm Injuries | A severe arm injury falling just short of amputation | £127,000 - £173,000 |
| Fractured Jaw | A serious jaw fracture causing permanent issues such as difficulty eating or jaw paraesthesia | £24,000 - £40,000 |
| Back Injuries | A moderate back injury with ongoing pain and disruption to everyday life | £17,000 - £37,000 |
| Ankle Injuries | A minor ankle fracture, sprain or ligament injury recovering fully or leaving only mild symptoms | Up to £18,000 |
| Post-Traumatic Stress Disorder | PTSD with full recovery within 1-2 years and only minor longer-term symptoms | £5,200 - £11,000 |
To learn more about how much compensation you could expect, call 0800 470 0472 for a free consultation with a legal adviser or check out our free online compensation calculator.
Can holiday accident claims be made with a no win no fee personal injury solicitor?
If you suffered an injury abroad or while on holiday in the UK and you are entitled to claim compensation, our team of expert solicitors will be happy to represent you on a no win no fee basis.
This means that:
- You will not have to pay any legal fees upfront or during the claims process.
- If you lose the case, you do not have to pay a single penny out of pocket.
Before starting your holiday accident claim, you will agree on a success fee with your solicitor (capped by law at 25% of certain damages). If you win the claim, this fee will be deducted from your compensation and paid to them for their work.
Frequently asked questions
Every hotel, airline, restaurant, healthcare professional, or any other company you may encounter during your holiday has a duty of care to provide you with a safe service. If this duty is breached, you are eligible to make a holiday accident claim for any harm sustained abroad or in the UK.
- The individual, business, or tour operator you are claiming against is based in the UK.
- You are claiming against a business or individual that is based in an EU country.
- You suffered an injury while on a package holiday booked in the UK.
In some cases, you may need to make your claim abroad, but this could be beneficial to you and might result in more compensation.
However, if your claim is successful, your holiday injury compensation award may be reduced to reflect your part of the blame. For example, if you are 25% at fault and your damages are valued at £30,000, you would only be awarded £22,500.
If there was no breach of duty, you may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA) or the Victims of Overseas Terrorism Compensation Scheme, depending on their eligibility criteria.
They will handle all communication with foreign parties and insurers and can ask for accident reports, CCTV footage and other evidence on your behalf, without you having to travel.
In rare cases where liability is denied or you can’t settle, you may need to attend court abroad, but this is uncommon. Your solicitor will advise and support you every step of the way.
Your solicitor will aim to settle your case in the shortest time possible and secure interim payments to help cover medical or living costs while the claim is ongoing.
Call 0800 470 0472 or request a call back to speak to a solicitor today and find out within minutes if you can make a holiday accident compensation claim.
