Accident abroad claims

You may be able to make a holiday accident claim if you have suffered an injury or illness while travelling abroad and someone else was at fault. Common scenarios include road traffic accidents, slips and trips in hotels, medical negligence during treatment abroad, or injuries on excursions arranged through a UK-based tour operator. A successful accident abroad claim will usually depend on demonstrating that the injury occurred as a result of someone else’s negligence.

If your holiday was booked as a package holiday through a UK tour operator, you may be able to bring a claim against them in the courts of England and Wales under the Package Travel Regulations. This can apply in cases where the accident occurred abroad, provided the service that caused the injury was part of your package. Claims made in this way will usually be assessed under English law.

If your holiday accident falls outside these regulations – for example, if you booked flights and accommodation separately, or were injured in a public place or on private premises not linked to a package – your accident compensation abroad claim may need to be brought against a foreign defendant. These claims will be subject to the law of the country where the injury occurred, which may affect liability and the amount of holiday accident compensation awarded.

In all cases, there are strict time limits for bringing a holiday injury claim, which vary by country. We recommend seeking legal advice promptly to avoid missing the applicable deadline. Our expert holiday accident solicitors can assess your situation and help you understand whether and how you can make a claim.

If you suffer an accident or injury while on holiday, taking the right steps immediately afterwards can help protect both your health and your legal position, especially if you intend to make a holiday accident claim.

Where possible, you should report the incident promptly. This may involve speaking to your tour operator, hotel management, excursion provider, or, in the case of a road traffic accident or more serious injury, the local police. Ask whether there is an official reporting process and make sure a written record of the incident is created. Always request a copy of this report and keep it safe – it may be critical if you later decide to pursue a holiday accident compensation claim.

You should also seek medical attention locally, even if your injuries seem minor. Medical reports and bills can serve as valuable evidence in a personal injury claim. Where safe and appropriate to do so, take photographs of the accident scene and your injuries. If anyone witnessed the incident, try to obtain their contact details.

Keep hold of all relevant documentation – medical records, receipts for expenses, insurance details, and correspondence with the hotel or tour operator. You should be cautious about accepting any immediate compensation offers or signing anything before taking legal advice, as this might impact your ability to claim full compensation once you return to the UK.

If you’ve been injured abroad, speaking to a solicitor with experience in holiday accident claims can help you understand your rights and begin the claims process. Our team of holiday accident solicitors offers free initial legal advice with no obligation, and we may be able to support your case on a no win, no fee basis.

Who you pursue for compensation after a holiday accident depends on how your trip was booked and where the accident occurred. If your trip was arranged as a package holiday through a UK-based tour operator, your accident abroad claim is likely to be covered by the Package Travel, Package Holidays and Package Tour Regulations, which have been updated to include tailor-made holidays. In these circumstances, any holiday accident compensation claim can usually be brought against the UK tour operator directly, using the courts of England and Wales. This means the legal process will follow English law when assessing liability and the amount of compensation owed.

If your holiday was not part of a package – for example, if you booked flights, accommodation and excursions separately – or if your accident happened in a public place outside the control of your hotel or provider, you may need to claim compensation from a foreign defendant. Some claims may still be brought in the UK courts depending on specific circumstances, but in many cases, proceedings will have to take place in the jurisdiction where the accident happened. Where this applies, the local law of that country is likely to determine both liability and the value of the compensation.

Handling personal injury claims across borders can be complicated. Our expert holiday accident solicitors have extensive experience dealing with cross-border holiday accident claims. We work closely with a global network of trusted legal agents and can manage the full claims process, including gathering evidence and advising on local laws, to help secure appropriate compensation with minimal legal risk to you.

If you suffer an injury while travelling by air or at sea, you may be entitled to make a holiday accident compensation claim. Accidents in these settings are often covered by international conventions, including the Montreal Convention for air travel and the Athens Convention for sea travel. These impose specific rules on liability and set strict time limits for making a claim – usually two years from the date of the accident.

In the event of an injury during a flight, you should report the incident to the cabin crew as soon as possible. Ask that the event be formally recorded and request a copy of the report. If medical attention is provided on board or after landing, it is helpful to obtain the contact details of any attending professionals and retain all medical records. Injuries may result from events such as turbulence, falling luggage, slips or scalds from hot drinks.

If the injury occurred while travelling by sea – for example, on a cruise ship or ferry – you should notify the ship’s medical team or crew immediately. Record the accident details in writing, keep copies of any documents provided, and collect contact details for witnesses if possible. Cruise and ferry operators usually have formal processes in place to handle accident reports.

Regardless of where the injury occurred, it is advisable to seek medical attention without delay and to keep receipts for any related expenses. Our holiday accident solicitors have extensive experience handling complex claims under international travel conventions. We can advise you on your rights, assess the validity of your holiday accident claim, and help you secure appropriate compensation.

Evidence plays a central role in building a successful holiday accident compensation claim. If you were injured abroad, the first step is usually medical treatment. Whether you attended a local hospital or saw a doctor, those medical professionals are likely to have created records of your visit. We can request copies of the medical reports as part of your case. They are essential for proving that your injuries occurred and will later support any expert medical opinion required to assess your condition and quantify your claim for compensation.

In the case of illness contracted during your holiday – such as food poisoning or waterborn infections – it is especially important to seek medical attention promptly. Your doctor may need to carry out tests that help establish the cause of your illness. These results may be vital when proving that the injury or illness was caused by someone else’s negligence.

Maintaining a personal record of your recovery can also strengthen your holiday injury claim. A pain diary can help document your symptoms, your limitations, and how the injury has affected your daily life.

You should also retain evidence of all financial losses linked to the injury. This includes travel costs for medical treatment, lost income, and any out-of-pocket expenses. Keeping receipts, payslips, or bank statements can help demonstrate the impact of your injuries and support your claim for appropriate holiday accident compensation. Our holiday claims solicitors can advise on which records to gather and how they will be used to support your legal claim.

The value of a holiday accident compensation claim depends on several factors. Primarily, this includes the seriousness of the injury or illness and how long the symptoms continue to affect your day-to-day life. Other considerations include the extent of medical treatment and rehabilitation required, the impact on your ability to work, and the level of care and assistance needed. Loss of earnings, future care needs, and other financial losses such as travel expenses or out-of-pocket costs are also relevant.

We will typically provide an early estimate of your potential holiday accident compensation after reviewing your medical records, evidence of injuries sustained, and any documentation of expenses incurred. This figure will reflect not only your physical and financial suffering, but also how the injury has affected your lifestyle.

If your holiday accident claim is pursued under English law – for example, where a package holiday booked through a UK-based tour operator is covered by the Package Travel Regulations – the case is assessed according to compensation guidelines used in the courts of England and Wales. However, if your claim must be brought under a foreign legal system, then the value of the compensation will differ. Some countries award lower sums than in England, while others assess claims more generously.

Where jurisdiction allows, our holiday claims solicitors will usually recommend pursuing your compensation claim in the English courts. This can help us secure the most favourable outcome, reduce legal complexity, and minimise delays in resolving your claim.

The time limit for bringing a holiday accident claim depends on where and how the accident occurred. In England and Wales, you generally have three years from the date of injury to start a personal injury claim. However, if your claim is governed by foreign law – which is often the case when the accident happened abroad – the limitation period may be shorter. For example, in Spain, the time limit can be as little as one year from the date the injury occurred. Some jurisdictions require certain types of injury abroad to be reported within days or weeks.

If your injury happened on a boat or an aeroplane, your claim may be subject to international conventions such as the Athens Convention or the Montreal Convention. These legal frameworks impose specific rules on liability, the claims process, and how compensation is calculated. The time limit for these cases is usually two years.

Wherever your accident occurred, it is essential to act quickly. If a claim is started too late, you may lose the right to claim compensation altogether. Early advice is critical to determine which legal regime applies, whether English law or a foreign legal system govern the case, and what deadlines must be met.

There are several ways to fund a holiday accident or injury claim, depending on your individual circumstances and the type of insurance policies you hold. If you have taken out travel insurance – either as a standalone policy for the trip or as part of an annual or bank account package – it will likely include legal expenses cover. In some cases, your household insurance might also provide legal cover for pursuing personal injury claims, including accident abroad compensation. Our specialist solicitors can assist you in reviewing your policies to determine whether legal costs are covered.

If no legal expenses cover is available, we can still consider your claim for funding through a no win, no fee agreement, if the claim can be pursued in England. These agreements allow you to make a claim without facing upfront legal fees, reducing the financial risk involved. If your claim is successful, a success fee is deducted from your compensation. If the claim is not successful, you won’t have to pay your solicitor’s fees.

Our team will also discuss the option of after-the-event insurance, which may be appropriate to cover disbursements such as medical reports, expert evidence or translation costs. This insurance also protects you from having to pay the other party’s legal costs in the event of an unsuccessful claim.

We aim to make the process as straightforward as possible, helping you access justice and secure compensation with clarity on your fee basis from the outset.