How much compensation for accident abroad claims someone may be awarded may be based on their individual circumstances. Compensation can take account of various factors, such as the type of injury sustained, how severe it was and whether it caused the claimant any financial losses. If you have been injured whilst on holiday abroad and it was someone else’s fault, you may be able to make a claim.
Key Takeaways
- Your package tour operator may be responsible for your health and safety and could be liable for any injuries.
- Figures published by the Foreign Office show that 10 Brits a day may be hospitalised abroad.
- Figures released by the Association of British Travel Agents (ABTA) show that 1 in 4 Brits fail to take out travel insurance.
- You could claim on behalf of a loved one injured in accidents abroad.
- A No Win No Fee solicitor from our panel could help with holiday injury claims.
To get help from How Much Compensation, you can,
- Call an advisor on 0800 408 7826.
- Talk about what happened to you over our live chat.
- Contact us online using our form.
Jump To A Section
- How Much Compensation For Accident Abroad Claims?
- Can Accident Abroad Compensation Cover Special Damages?
- Can I Make A Claim For An Accident Or Injury That Happened Abroad?
- Common Examples Of Accident Abroad Claims
- How Do I Claim For Accident Abroad Compensation?
- Claim Accident Abroad Compensation On A No Win No Fee Basis
- Frequently Asked Questions
- Learn More
Much Compensation For Accident Abroad Claims?
A claimant suffering paraplegia following a serious road accident on holiday could be awarded between £267,340 and £346,890 in compensation for their physical pain and mental suffering. This is in line with guidelines published by the Judicial College (JCG).
However, how much compensation for accident abroad claims people may be eligible to seek is very much dependent on their unique circumstances, including:
- The type of injury the person sustained.
- How severe was it?
- What financial losses did the injury cause?
This is because your final settlement amount may be made up of two heads of loss. These are called general damages and special damages.
General damages are awarded for an individual’s pain and suffering caused by the accident. They may be calculated in line with the JCG. This is a reference guide used by parties to a claim when working out the value of an injury.
Our table presents examples from the JCG. Note, the top figure is not from the JCG. Claims are individually assessed and how much compensation for an accident abroad claim you receive may differ.
| Injury | Severity | Notes | Damages Guideline |
|---|---|---|---|
| Multiple, severe types of injury and special damages. | Severe. | Multiple and severe forms of injury plus special damages for loss of income, medical bills, etc. | Up to £1,000,000+ with special damages for medical care, loss of earnings or other financial losses. |
| Paralysis. | Paraplegia | Compensation may be based on pain, the amount of independence and depression. | £267,340 to £346,890. |
| Back injury. | Severe A (iii). | Fractures or disc lesions affecting vertebral bodies. | £47,320 to £85,100. |
| Neck injury. | Severe - A (iii). | Dislocation, fractures or severe soft tissue damage. | £55,500 to £68,330. |
| Shoulder injury. | Severe - A. | Neck injuries which could be associated with brachial plexus damage. | £23,430 to £58,610. |
| Pelvic injury. | Moderate - B (i). | Significant pelvic injury. If there is any disability it is not major. | £32,450 to £47,810. |
| Elbow injury. | Less severe injuries - B. | Elbow injuries impairing the joints function. | £19,100 to £39,070. |
| Knee injury. | Moderate - B (i). | Dislocations, cartilage tears and injuries causing minor instability. | £18,110 to £31,960. |
| Ankle injuries. | Modest injuries - D. | Undisplaced, minor or less serious fractures. | Up to £16,770. |
Please contact an advisor for advice on how to use our compensation calculator.
Can Accident Abroad Compensation Cover Special Damages?
Yes, how much compensation for accident abroad claims may be affected by special damages. These are damages covering financial losses related to your accident and injuries. Examples of special damages may include:
- The cost of medical care whilst abroad or when back in the UK may be reclaimed. This can include immediate and long-term medical treatment.
- Care costs, including the cost of care in the home or a specialist facility.
- Repatriation costs. This may include the cost of helping you get back to the UK, whether organising a new flight or emergency repatriation.
- Lost income and earnings. Income and earnings lost due to the inability to work or a reduced ability to do so could be reclaimed. In some cases, this could form the bulk of a settlement.
For help using a compensation calculator or for more information on the types of losses you could claim for, please talk to one of our team.
Can I Make A Claim For An Accident Or Injury That Happened Abroad?
You could make a claim for an accident or injury that happened abroad if you can meet the necessary eligibility criteria to do so. Whether you can claim depends on the circumstances in which the incident occurred, whether someone else was at fault and what legislation may enable you to make a claim.
If you were on a package holiday and can show that your tour operator was (in some way) at fault for the incident and your injuries, you may be able to make a claim against them. Under the Package Travel and Linked Travel Arrangements Regulations 2018, package holiday companies and tour operators may be liable for holidaymakers’ injuries. Tour operators must ensure that relevant safety standards are met during linked travel (such as flights and airport transfers) and at facilities such as hotels.
For example, if you were injured in a bus accident during an airport transfer, which was booked as part of your holiday and the driver is at fault for the crash. Under Regulation 16 of the above legislation, the tour operator is liable for unsafe third-party services provided as part of your package.
An advisor could assess your claim and connect you to a solicitor from our panel. The solicitor could help you make a claim for an accident on holiday.
Common Examples Of Accident Abroad Claims
Common examples of accident abroad claims could include those for,
- Bus and coach accidents. These could occur during a pre-booked airport transfer or excursion and activity which was part of your package holiday.
- Slips, trips and falls on broken or damaged flooring at a hotel booked as part of your package holiday.
- Food poisoning or food allergies in hotel restaurants or through food provided on a pre-booked excursion.
- Illnesses caused by a lack of proper hygiene in a hotel, such as contracting an infection or illness from a pool which was not properly cleaned.
- Injuries during activities, such as hiking or sports, booked as part of your package trip.
Whether your accident happened in your hotel or on a prebooked excursion, you may be eligible to seek compensation. If you were injured in these or any other type of holiday accident abroad, please get in touch with one of our advisors.
How Do I Claim For Accident Abroad Compensation?
To successfully claim for accident abroad compensation you must be aware of both the types of evidence which you need to collect and how long you may have to file a claim. This is because the defendant in a claim will require sufficient evidence (such as that discussed below) to incontrovertibly show that they owed the claimant a duty of care and that this duty was breached. You must also ensure the claim is filed within the legal limitation period. Without providing sufficient evidence or filing your case outside of the claims time limit, your case may fail or be time barred.
Proving Your Claim
Evidence which could help you to prove negligence for accidents abroad includes:
- Copies of your travel information. This can include plane tickets, booking information and travel itineraries.
- Photographs and videos. For example, if you suffered an injury on an excursion that you filmed, you can submit the footage. In some countries, you might also be able to request CCTV.
- Details of the hotel. This could include the address and your room number.
Time Limits
As highlighted, there is a limitation period in which you must file any personal injury claim, such as that for a holiday accident, in the UK. Typically, you have 3 years from the date of the accident to file your personal injury claim if it is eligible to be made under UK legislation. There are some exceptions to this.
Check how much compensation for accident abroad claims you or a loved one may be owed and find out whether you are still within the time limit by contacting an advisor now.
Claim Accident Abroad Compensation On A No Win No Fee Basis
You could claim compensation for an accident abroad on a No Win No Fee basis with a solicitor from our panel. At How Much Compensation, we work with a panel of solicitors, one of whom could take your case on using a Conditional Fee Agreement (CFA). These agreements are governed by the Conditional Fee Agreements Order 2013.
A CFA allows a claimant to work with a solicitor without the solicitor charging any fees for their work in advance or whilst the claim is being made. The agreement sets out the conditions under which the solicitor will provide services to the client. This will include details of what fees are payable and when.
If you win, you will owe a percentage of your compensation as a success fee. This fee is limited by the legislation above. If you do not win, the solicitor will not charge you for their work.
Additional benefits of making a package holiday accident claim with a solicitor from our panel include,
- Clear and concise explanations of the claims process as well as any legal terms.
- Helping you to access specialist services, such as a physiotherapist.
- Helping you to collect relevant evidence and to identify who your claim may be brought against.
- Negotiating with the defendant and their representatives.
- Preparing your case for court, if necessary.
Contact Our Advisors
Our advisors are on hand to listen to you, discuss your case and help connect you to a holiday accident solicitor from our panel.
- Phone an advisor 0800 408 7826.
- Use our online live chat.
- Send the details of your claim via our contact us page.
Frequently Asked Questions
Below we answer examples of frequently asked questions about accident abroad compensation claims.
Do I Have To Wait Until I’m Back In The UK To Claim?
You do not need to wait until you are back in the UK to claim compensation. You may contact a personal injury solicitor at your earliest possible convenience. Whilst it is important to ensure that you seek medical care, contacting a solicitor early on can have some benefits. A solicitor may be able to help you organise care in the UK and could recommend steps you could take before you return.
Can I Claim For An Accident On A Boat Or Ferry?
Yes, you could claim for injuries sustained in an accident on a boat or ferry if you can show that the vessel’s operator was at fault. There are several pieces of legislation or international agreements which may be applicable to a claim for an accident on a ferry or boat. These are;
- The Athens Convention 1974 sets out the rights of passengers travelling by sea. This helps to facilitate claims for passenger injuries as well as damage to luggage.
- British-owned ships at sea must adhere to the Merchant Shipping Act 1955.
Can I Claim On Behalf Of A Loved One?
Yes, you may claim on behalf of a loved one. This can include holiday accident claims made on behalf of a minor (under the age of 18) or a loved one with a reduced mental capacity. You may do so by asking the court to appoint you to act as a litigation friend. The courts allow suitable adults to claim on behalf of a child or someone with reduced capacity as these parties lack the ability to do so themselves.
Will I Need To Travel Back And Forth If I Make A Claim?
No, you will not need to travel back and forth if you make a holiday accident compensation claim. Firstly, if you are making a claim against a UK-based package tour operator, it will be brought against that company in the UK. Secondly, in many cases, you will also not need to travel to meet your solicitor. Today, personal injury solicitors can often handle a claim entirely on a remote basis, without the need to meet you in person.
How Long Will It Take To Settle An Accident Abroad Claim?
How long it will take to settle accident abroad claims may depend on the complexity of your case. The complexity of injuries suffered, type of accident and whether the defendant accepts any liability can all impact how long it takes a claim to be settled. Whilst there are time limits to file a claim, there are not similar time limits in which it must be settled.
Our advisors are on hand to help answer any questions you may have about making a holiday accident claim.
Learn More
Learn more about making a holiday accident claim and how personal injury claims are valued in these resources.
- Check how to use our compensation calculator in this guide.
- Learn more about how a claim for a knee injury may be valued in this guide.
- Here, we look at how claims for a soft tissue injury may be valued.
References.
- Find out how to apply for a free Global Health Insurance Card in this NHS resource.
- You can get the latest foreign travel advice from the UK Government using the destination finder here.
- Find out what travel vaccinations you may need in this NHS guide.
In this guide, we have set out how much compensation for accident abroad claims people could be awarded in different circumstances. Please contact us for an individually tailored assessment of what compensation you could claim.
