A holiday should be a time to relax and enjoy yourself. Unfortunately, accidents can and do happen, often leaving people with unexpected injuries, medical expenses, and disruption to their plans.
If you have been injured in an accident on holiday abroad due to someone else’s negligence, you may be entitled to claim compensation. Your legal options will depend on how your holiday was booked.
Common Types of Holiday Accidents
Some of the most common accidents and incidents that occur while on holiday include:
- Slips, trips and falls
- Accidents during recreational activities such as swimming, skiing or organised excursions
- Food poisoning
- Road traffic accidents
If your accident was caused by the negligence of another party, you may have grounds to pursue a personal injury claim.
Can I claim compensation for an injury sustained on holiday abroad?
Whether you can bring your claim in Ireland depends on the type of holiday you booked.
1. Independently Booked Holidays
If you arranged your own flights, accommodation and other travel arrangements, any personal injury claim will generally need to be brought in the country where the accident occurred.
In these circumstances, you will usually need to instruct a lawyer in that country, and your claim will be governed by the local laws and procedures.
2. Package Holidays
If you booked a package holiday through an Irish tour operator or travel agent, you may be able to pursue your compensation claim in Ireland.
Under the Package Holidays and Travel Trade Act 1995, a package holiday is 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 provides that where an injury occurs during a qualifying package holiday organised by an Irish tour operator or travel agent, a compensation claim may be brought in Ireland.
Can I make a claim without Travel Insurance?
Yes. You can still pursue a compensation claim under the package holiday legislation even if you did not purchase travel insurance.
If you do have travel insurance and your insurer has paid for expenses such as medical treatment or other costs arising from your accident, these payments may be recoverable as part of your personal injury claim.
Will I have to go to Court?
Most personal injury claims are settled without the need for a court hearing.
Where your accident occurred during a qualifying package holiday, your claim must first be submitted to the Injuries Resolution Board (IRB).
The process generally involves the following steps:
- Your claim is submitted to the Injuries Resolution Board.
- The tour operator’s or travel agent’s insurer is invited to consent to the IRB assessing the claim.
- If the claim proceeds, the IRB will assess compensation based on:
- A medical report from your treating doctor.
- An independent medical examination, where required.
- Evidence of financial losses and out-of-pocket expenses, including medical expenses and loss of earnings.
Many claims are resolved during this process, avoiding the need for court proceedings.
If you have been injured while on holiday and believe your accident was caused by someone else’s negligence, it is important to obtain legal advice as soon as possible.
An experienced personal injury solicitor can advise you on whether you have a claim, explain the relevant legal process, and ensure that all applicable 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.