In 1992, new legislation was introduced to make it easier for victims of accidents abroad to claim compensation. Under the Regulations which cover package holidays, you can sue the tour operator (and sometimes the travel agent) in the UK for compensation for pain and suffering, any loss or expense sustained and for the loss of enjoyment of the holiday. The Regulations apply if you bought as a package any two of the following three: accommodation, transport, or other tourist services accounting for a significant proportion of the package holiday.

Travellers have successfully claimed compensation where the hotel chosen by the tour operator does not meet local safety standards; where the transfer transport has been negligently driven, causing a crash; where the hotel food has been negligently contaminated causing food poisoning. Inadequate or unsafe equipment, provided as part of the inclusive package, could also form the basis of a successful claim if injury has resulted.

It has also become more straightforward to claim compensation for victims of road traffic accidents which have occurred in the EU. A new central body coordinates searches for insurance details of the other vehicle and new legislation following the European 4th Motor Directive makes it possible in some cases to sue the negligent driver or his insurers in the UK. This is so even if the accident has occurred abroad and the other driver is foreign.

Also within the EU, if you have paid for a holiday or an item by credit card it may be possible to sue the credit card company rather than having to try to sue the foreign person or company in their country.

If you have had an accident whilst travelling by boat, plane or train, you may be able to claim for compensation under one of the special Conventions. These are international agreements whereby the countries who signed up to them agreed to make the process of claiming compensation more streamlined. Such Conventions often require a claim to be made within a relatively short time scale.

Accidents abroad which cannot be claimed for within the English Courts can still be the subject of a claim for compensation. The case may not be able to be funded through a Conditional Fee Agreement and double guarantee. We will undertake an initial, free, home visit and we will then identify lawyers in the country where the accident occurred.

If that country’s law allows it, you will then be able to claim compensation using a “no win, no fee” agreement. However, it is important that you understand that in these cases, the lawyers will receive a share of your compensation if you win, therefore you are not guaranteed to receive 100%. Also, many countries require the claim to be brought within a shorter time scale than in England, therefore it is important that you contact a Solicitor as soon as possible after your holiday.