INSIGHTS
The cases are packed, online check-ins complete and off you go on your break from normal life. Hopefully, the experience will be a relaxing and reinvigorating time but what happens when things don’t quite go to plan? Unfortunately, accidents do happen, even on holiday, and it can be a stressful and daunting issue for anyone to deal with.
How can we help you? Where you are and how you travel there will determine if we are able to offer assistance to you:
- Package holidays – The Package Travel and Linked Travel Arrangements Regulations allow an injured person to claim compensation from the package holiday organiser if they have been injured as a result of the organiser’s failure to perform or improper performance of the travel services included in the package travel contract.
- Flights – The Montreal Convention sets out the circumstances in which an airline can be liable to pay compensation to a passenger if they are injured as a result of an accident whilst on-board the flight or in the process of embarking or disembarking.
- Ships – The Athens Convention sets out the circumstances in which a passenger on a ship can be liable for injuries suffered during the course of a voyage.
In Scotland, subject to exceptions, the limitation period to pursue a claim for damages is three years but this is not always the case when an accident happens outside of Scotland. It’s important to seek advice as soon as you can to make sure any potential claim isn’t time-barred before its even begun.
So, what should you do if you are injured abroad?
- Report the accident and seek medical treatment
- Take photographs of where the accident happened
- Get copies of any accident reports and medical records
- Note down contact details of any witnesses
- Seek legal advice as soon as you can
About the author
Senior Associate
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