Accident Abroad Compensation: Can You Claim If You’re Injured on Holiday?

Most holidays pass without incident, but accidents can occasionally occur while travelling abroad. If you are injured overseas, understanding your legal rights can be more complex than if the accident had happened in England and Wales. The circumstances of the accident, where it occurred and who was responsible can all affect whether you are able to bring a claim.

Whether proceedings can be issued in the courts of England and Wales depends on a range of factors, including the type of holiday, the parties involved and the laws that apply. Obtaining specialist legal advice at an early stage can help establish the most appropriate course of action and ensure any relevant time limits are met.

Can I claim compensation after an accident abroad?

If you have suffered an injury abroad, the answer will depend on a number of factors, including:

• Where the accident happened.
• Whether you were on a package holiday.
• Who caused the accident.
• Whether the responsible party is based in the UK or overseas.
• The laws that apply in the country where the accident occurred.

Every case is different, so obtaining specialist legal advice at an early stage is important.

Accidents during a package holiday

If your accident occurred during a package holiday, you may be able to bring a claim in the courts of England and Wales against the package holiday organiser under the Package Travel and Linked Travel Arrangements Regulations 2018.

Examples include injuries caused by:

• Unsafe hotel accommodation.
• Slips, trips and falls.
• Faulty facilities.
• Excursions included within your package holiday.

Road traffic accidents abroad

If you are involved in a road traffic accident overseas, whether you can bring your claim in England and Wales will depend on the circumstances.

In many cases, proceedings will need to be brought in the country where the accident occurred. However, if the accident involves a UK-based organisation or other specific circumstances apply, it may be possible to pursue your claim through the courts of England and Wales.

Injuries caused by UK businesses

If your accident abroad was caused by a business or individual based in the UK, you may be able to bring a claim before the courts of England and Wales.

Jurisdiction depends on the facts of each case, and specialist legal advice is essential to establish where proceedings should be issued.

Accidents caused by foreign individuals or companies

Where an accident abroad is caused by a foreign individual or company, claims will often need to be pursued in the country where the accident happened and in accordance with that country’s legal system.

Different countries have different procedures, limitation periods and rules on compensation, making early legal advice particularly important.

What happens if you’re injured on a flight?

Claims arising from injuries sustained while travelling by air are governed by different rules depending on the circumstances.

For example:

• Injuries on domestic UK flights can usually be pursued under the law of England and Wales.
• If your international flight formed part of a package holiday, you may have rights against both the airline and the package holiday organiser.
• Many international flight claims are governed by international conventions, which determine liability and where proceedings can be brought.
• Depending on the circumstances, claims may be issued in several different jurisdictions, including where the airline is based, where the contract was made or your destination country.
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Which country’s laws apply?

One of the most common questions people ask after an accident abroad is which country’s laws apply to their claim.

Even if proceedings can be issued in England and Wales, the claim may still be governed by the law of the country where the accident occurred.

Because jurisdiction, limitation periods and compensation rules vary significantly between countries, obtaining specialist legal advice promptly is crucial.

How Prettys Solicitors can help

Prettys Solicitors LLP is a member of Galexy, an association of more than 20 international law firms. This enables us to work closely with trusted lawyers in other jurisdictions where overseas legal expertise is required.

Our Personal Injury team advises clients across Suffolk, Essex, Norfolk and throughout England and Wales on accident abroad compensation claims. We can help determine where your claim should be brought, which laws apply and the best route to securing compensation.

If you have suffered an accident abroad or sustained a personal injury while on holiday, please contact Louise Plant for expert advice.