Accidents while on holiday are unfortunately quite common. Some of the most common types of accidents that happen on holiday are slip/trip and falls, accidents while engaging recreational activities (e.g. swimming, skiing, day tours, etc,), incidents of food poisoning and road traffic accidents. If you have been involved in an accident while abroad on holiday you may be entitled to make a claim for compensation for your injuries. This is provided that the accident was as a result of another party’s negligence.
Can I claim compensation for an injury sustained while on holiday in a foreign country?
If you organised and booked your own holiday, a claim may be brought in the country where the accident occurred. In those circumstances, you would need to instruct a lawyer in the country where the accident occurred and the laws on personal injury in that country would apply. However, if you booked a package holiday through a tour operator/travel agent you may be able to make a claim for compensation against the tour operator/travel agent for your injuries and any out-of-pocket expenses you may have incurred to include medical expenses and loss of earnings. The Package Holidays and Travel Trade Act 1995 defines a package holiday as a combination of two or more of the following when sold or offered for sale at an inclusive price:- (i) transport; (ii) accommodation; (iii) car or other vehicle hire; (iv) other tourist activities which make up a significant part of the cost and package. Section 20 of the 1995 Act provides that if you have been injured on a foreign holiday that was organised by an Irish package holiday provider or travel agent, you may be entitled to bring a claim for compensation in Ireland once you return home.
Can I make a claim if I do not have travel insurance?
You do not need to have travel insurance to pursue a claim under the package holiday legislation. If you have travel insurance and your insurance company has paid medical and other expenses, they will be reimbursed as part of the claim.
Will I have to go to Court?
The large majority of personal injury claims are settled out of Court. Once the accident happened while on a package holiday as defined above, an application must be submitted to the Injuries Resolution Board (IRB). The tour operator’s/travel agent’s insurers will then have an opportunity to have the claim assessed by the IRB. The value of the claim will be assessed having regard to a medical report prepared by your own Doctor and the IRB may also have you attend for an independent medcial examination by a Doctor of their chosing. All vouched out of pocket expenses will be included as part of the IRB assessment.
Robert Kelly is an Associate Solicitor at Callan Tansey Solicitors LLP in the Personal Injury* Department. He is an expert in Personal injury*/ fatal injury* actions. If you have questions about any of the issues raised in this article, or any other matters relating to Fatal Injury* you can contact Robert directly here.