Can I claim compensation for my accident on holiday?

Advice from a holiday accident lawyer about hotel injuries.

As the summer holiday season draws nearer it is inevitable that many holidays will be ruined by accidents they have at their hotel. Here we look at whether you can claim compensation for your holiday accident and what kind of compensation you can claim.

There are many factors that determine what you can claim back for your holiday ruined by an accident or injury. A lot will dependent on what kind of insurance you have; what type of holiday you have booked; and whether the hotel is at fault.

If you have booked a UK package holiday as opposed to booking made directly with a hotel or their agent, and the hotel are responsible for your accident, then you can make a claim under the Package Travel Regulations 1992 for your accident. The Regulations mean that you can claim compensation against your tour operator if there has been something called improper performance of the holiday contract. That may sound like technical jargon but it essentially means that if the staff at the hotel have done something wrong to cause you accident you can potentially make a successful claim.

So what kind of accidents can you claim for? Classic holiday accidents tend to happen in insufficiently lit areas. They may involve slips and trips on protruding objects or traps such as hosepipes. Trips and slips on spillages are also commonplace in situations where hotel operators have not employed enough cleaning staff.

Your insurance will usually cover you for losses such as medical expenses and potentially loss of earnings, dependent on your policy wording. It is unlikely that your insurance will cover you for compensation if the hotel is at fault. In that situation, you will have to sue your tour operator or holiday company.

Holiday claims are unusual in that you can claim compensation for the distress and loss of enjoyment of having your holiday ruined by an accident. In addition, you can claim compensation for the loss of value. That means if you are on a 14 night holiday and your accident is ruined on the eighth night, you should, at least, be able to claim back 50 per cent of your accommodation cost for loss of value. Compensation for distress on holiday can vary on the circumstances. If you sustain a laceration due to broken tiles in the swimming pool or it is unlikely that your holiday will be completely. If you break your hip and are airlifted home it is likely that you will be entitled to a lot more compensation for loss of enjoyment than you would be with cuts to your foot.

But that isn’t the end of it. On top of compensation for loss of enjoyment from the holiday and loss of value, you can claim compensation for pain, suffering and loss of amenity. So, if you sustain considerable pain due to, say, a wrist injury and cannot use your right hand, you may be looking at about £3000.00 to £4000.00 just for pain and suffering.

If your insurance doesn’t cover you for loss of loss of earnings and out of pocket medical expenses then you can claim against your tour operator for those losses as well.

Finally, you can claim compensation for the care needed either professionally or even family members.

If you do suffer injury while on holiday, be sure to contact holiday accident claims solicitor or a travel claims lawyer. They will know about the tricks tour operators employ to stop you getting the compensation you deserve for your ruined holiday.