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Accident Claims: What Everyone Should Know About Holiday Accident Claims

08th September 2010
By Jessica Parker in Accident claims
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Never before have so many of us travelled. Cheap flights abroad and easy access to information means it has never been simpler to travel. Sadly, one of the downsides of these changes is that we are more likely to have an accident abroad. However, even though this happens in a different country it might still be possible to make an accident claim.

Making a claim gets easier

Making a holiday accident claim isn't always easy. Usually compensation is determined by the laws of the country where the accident or incident took place. This can mean your right to compensation is affected in a way you might not suspect and lawyers' fees aren't always recoverable. However, if you feel you have been unjustly treated and that someone is to blame then you should still pursue the matter.

Since the early 1990s, a number of laws have been passed in the European Union which make it easier for people to make an accident claim for an incident that took place while they were abroad. The 1992 Package Travel, Package Holiday and Package Tour Regulation is one such regulation and it also enables victims to claim compensation for their holiday accident in the UK.

Another more recent law that helps people make holiday accident claims is the 4th EU Motor Directive 2003. This directive means that all European cars are listed on one database. The relevance for this is that it makes foreign cars easier to identify after an accident. Added to this, the Motor Insurers Bureau helps people find a foreign insurance company is one can't be identified.

Duty of care

Wherever you are, those responsible for organising your holiday - from tour operators to hotel staff - all have a duty of care to you. This means they are obliged in so far as is reasonable to make sure you don't come into harm's way. For instance, a hotelier has to make sure his accommodation is clean and hygienic, whereas an excursion company must be certain their vehicles are properly maintained. If in either of these cases these companies had failed in their obligations and duty of care then they could be open to an accident claim.

One way a company can avoid an accident claim is to carry out a risk assessment. Unfortunately, not all companies fulfil this basic requirement. Some underestimate their risk level and open themselves up to a claim for compensation.

Information for making a holiday accident claim

If you or a loved one suffer an accident or injury when on holiday, there are a number of common sense steps you can take which will make it easier to make an accident claim. It is easy to forget to obtain basic information when you are on holiday, and this can be much harder to find after you have returned home. Names, addresses, dates and times are all crucial. You might also want to take a photograph of what caused the accident as well as any injuries you have suffered. Get as many details as you can and this will really help your accident claim.
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