How to Claim Compensation for Accidents While on Holiday
Anyone who is injured or becomes ill while on holiday can look into holiday accident claims. These claims can be filed when someone else is responsible for the injury or illness and it quickly ruins a holiday. The way that an individual handles this type of claim depends on the country in which to incident occurred. If the injury occurred in the United Kingdom, it is handled in the same manner as any other injury claim. If it occurred elsewhere, however, there are a few things to consider before beginning the process.
Accident on a highway / Photo by admin
Filing Against a Travel Agent
In some cases, the traveller can file a claim against the travel agent who booked the holiday. This normally occurs if the hotel property was directly responsible for the injury. For example if someone contracts food poisoning while eating at a hotel restaurant and the travel agent booked that hotel, holiday accident claims might be a possibility. Likewise, if an injury occurred due to poorly managed hotel groups while on a holiday, the travel agent assumed responsibility.
The reason is that the hotel acts as a representative of the travel agent and vice versa. It is extremely difficult to file holiday accident claims again businesses in other countries, which is why it is possible to file against a local travel agent. The travel agent will then have to deal with the property in question to regain the money that was given to the traveller. Travellers should be aware of this policy, since it is one more reason to always use a travel agent when booking a holiday.
Filing Against Another Location
If the injury occurs away from the hotel grounds, it becomes more difficult to file a claim. For example, if a holiday is cut short because a visitor slips on a poorly maintained sidewalk and breaks his leg, this is the responsibility of the city, rather than the travel agent. This is because the traveller must follow the laws in the country where the injury occurred and follow this process there. Since the processes are different all over the world, it is a good idea to contact a lawyer with experience in these matters. Filing a civil suit against a city is much more complicated than filing for holiday accident claims with a travel agent.
How to Claim
In order to file holiday accident claims, the traveller must be able to prove that an injury was caused by someone else on the holiday. As a result, it is important that travellers file an incident report with the hotel or travel representative immediately after the incident occurs. Hotels usually have an accident log, so make sure that the incident is filed correctly before filing a claim. Travellers can even gather the contact information of witnesses and take pictures of the location where the incident occurred to further their case. Those who need prescription medicine or medical attention after the incident should save the receipts to get this money back.
Legal Help
In most cases, travellers need legal help with their holiday accident claims. This is because very few travel agents will simply hand over this money without going through the entire process. If the traveller has collected a great deal of evidence, the process becomes much easier and can sometimes be handled without a lawyer. Remember that the case will likely end up in court, which is why legal counsel is a good idea.
Traveller Protection
The laws in the United Kingdom exist because travellers deserve to be protected from these incidents. By making the travel agents responsible, it puts a point of contact within the country, so that British citizens are not left dealing with international legal costs. Some insurance packages also cover these costs, making them well worth looking into for the frequent traveller. All travellers should gain awareness of their rights before leaving for another country to avoid these issues.
Thomas Edwards has been an international traveller since the early ‘80s and has widely covered Europe, the USA and as far afield as Thailand, Hong Kong and China. He has written as both a business, individual and family traveller and a language or two has given him the opportunity to engage with people to a greater degree.
Category: Travel Tips
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