Accidents on holidays are, unfortunately, quite common. Some of the most frequent types of incidents include:
- Slips, trips, and falls
- Accidents during recreational activities (e.g. swimming, skiing, day tours)
- Food poisoning
- Road traffic accidents
If you have been injured in an accident on holiday abroad, you may be entitled to claim compensation, provided the accident resulted from another party’s negligence.
Can I claim compensation for an injury sustained on holiday in a foreign country?
How to make a claim for injuries sustained in accidents on holiday depends on how the holiday was booked:
1. Independently Booked Holidays
If you arranged and booked your own travel and accommodation, any claim must generally be brought in the country where the accident occurred. In such cases, you would need to instruct a lawyer in that country, and the local laws on personal injury would apply.
2. Package Holidays
If you booked a package holiday through a tour operator or travel agent based in Ireland, you may be able to bring a compensation claim in Ireland.
Under the Package Holidays and Travel Trade Act 1995, a “package holiday” is defined as a pre-arranged combination of two or more of the following, sold at an inclusive price:
- Transport
- Accommodation
- Vehicle hire
- Other tourist services forming a significant part of the package
Section 20 of the Act allows you to bring a compensation claim in Ireland if your injury occurred during a holiday organised by an Irish tour operator or travel agent.
Can I make a claim if I don’t have Travel Insurance?
Yes, you can still make a claim under the package holiday legislation even if you don’t have travel insurance.
If you do have insurance and your insurance provider has covered expenses such as medical bills, these can be reimbursed as part of your compensation claim.
Will I have to go to Court?
In most cases, personal injury claims are resolved without going to Court. If your accident happened during a qualifying package holiday, your claim must first be submitted to the Injuries Resolution Board (IRB).
Here’s how the process works:
- The claim is submitted to the IRB.
- The tour operator’s or travel agent’s insurer will be invited to allow the claim to be assessed by the IRB.
- The IRB will assess the value of your claim based on:
- A medical report from your doctor
- An independent medical examination (if required)
- Vouched out-of-pocket expenses, including medical costs and loss of earnings
If you believe you may have a claim, it’s advisable to seek legal advice promptly to ensure your rights are protected and any time limits are met.
Need more information about claiming for injuries sustained on holiday?
Robert Kelly is an Associate Solicitor at Callan Tansey Solicitors LLP with our Personal Injury Solicitors Department. He is an expert in Personal Injury*/ Fatal Injury* actions.
If you have questions about an accident on holiday abroad or any of the issues raised in this article, or any other matters relating to Personal or Fatal Injury* you can contact Robert directly here.