What is a ‘package holiday’ and what difference can it make to me regarding a potential accident abroad claim?
A package holiday is classed as a holiday that has been pre-booked and pre-arranged through a tour operator or travel agent, sold or offered for sale at an inclusive price, includes overnight accommodation and covers a period of more than 24 hours, and includes at least two of the following:
Other tourist services that account for a significant proportion of the package
If this can be shown then it means that any claim for an accident or illness falls under the Package Tour Regulations 1992, and means that the claim can be pursued against the travel company or tour operator you booked with in the courts at home in England and Wales.
Do these regulations apply if I have booked online?
The Package Tour Regulations can still apply to an accidents abroad claim if the holiday has been booked online, as long as the criteria set out above are still met.
If I was injured abroad but was not travelling on a package holiday can I still claim compensation?
Yes, you can. However, the laws of the country in which the accident occurred are likely to apply and the claim may have to be brought in that country too. We are still able to help though as we can call upon assistance from our network of foreign lawyers to act upon and pursue the claim on your behalf. It is of the utmost importance that you contact us without delay though, as claims involving foreign law can sometimes mean much shorter time limits for bringing claims, and action needs to be taken as soon as possible.
What should I do if was involved in a road traffic accident abroad?
If you are involved in a car, coach or motorcycle accident whilst travelling abroad you are still able to make a claim for compensation if you are injured in that accident. If the accident occurred within the EU then, due to EU directives, you may still be able to deal with the claim in this country. If not, then we are still able to help but this may involve instructing foreign lawyers to act on your behalf in pursuing the claim in the country where the accident occurred. In either case, it is vital that you contact us as soon as possible so that we are able to provide you with expert advice on what the best course of action is.
What happens if I have any problems whilst travelling by air?
You are able to claim for any injury suffered whilst travelling as a passenger by air, either on board the aircraft or whilst in the course of any of the operations of embarking or disembarking the aircraft. The carrier is responsible for this, and is also responsible for any damaged or lost baggage, or delay to passengers or their baggage. If any of these things happen to you then please contact us as soon as possible. There is a shorter, two year time limit for these types of claims and so you should contact us for expert advice without delay.
What are my rights if I am injured or fall ill whilst on a cruise ship holiday?
Under the Athens Convention, which deals with sea travel, a carrier is liable for any damage, loss or injury suffered by a passenger if the incident causing this damage or injury occurred in the course of the carriage and was due to the fault or neglect of the carrier. This means that if you are injured or fall ill whilst on the cruise, and this is due to the fault of the tour company operating the cruise, then you are able to make a claim against the company at home, in the courts in England and Wales. There is, again, a two year time limit for such claims and so it is important that you contact us for expert advice as soon as possible.
How long do I have to make an accidents abroad claim?
The normal time limit for a personal injury claim is 3 years, and this 3 year time limit will still apply in respect of claims such as those under the Package Tour Regulations. However, for claims involving accidents whilst at sea or travelling by air, there is a shorter limitation period and you have only 2 years to bring a claim. There may even be shorter limitation periods and time limits that apply if we are required to pursue the claim through foreign courts, and so it is imperative that you contact us at your earliest opportunity if you have been involved in an accident, injured or fallen ill when abroad and wish to consider pursuing a claim for compensation.
How will my accidents abroad claim be funded?
However the claim is progressed on your behalf, the claim will always be funded on a no win-no fee basis, under a conditional fee agreement. In effect it means that you won’t usually cost you anything to bring a claim. EAD ensure that our client clearly understand the terms of the funding Agreement before proceeding with their accident abroad claim.
For any other questions regarding holiday claims or personal injury claims for an accident abroad, use our online legal expert app- Ask EAD provides free legal advice directly from our team of Liverpool solicitors.
Extremely happy with the outcome of my Personal Injury Claim and can only thank Paul McCarthy and his team at EAD Solicitors and also Tim Trotman my barrister arranged by EAD, for all their work and efforts on my behalf. As such I would highly recommend EAD to anyone in need of their service. Once again thanks to all involved.
Brodie Martin, Merseyside
Excellent, very professional, approachable when I needed advice. I would just like to say thank you to your staff.