Tales of the unexpected - when accidents happen abroad

The cases are packed, online check-ins complete and off you go on your break. Hopefully, the experience will be a relaxing and enjoyable 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.

The support available to you if the unexpected were to happen to you while on holiday depends on where you are in the world, and how you got there.

The vast majority of foreign trips are taken as package holidays. This means that the Package Travel and Linked Travel Arrangements Regulations apply. They 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.

When it comes to 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.

If you are on board a ship, the Athens Convention sets out the circumstances in which a passenger can be liable for injuries suffered during a voyage.

Timescale

In Scotland, the limitation period to pursue a claim for damages is three years but this is not always the case when an accident happens abroad or in other parts of the UK. It’s important to seek advice as soon as you can to make sure any potential claim isn’t time-barred before has even begun.

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