Accident Abroad Claims

What are accident abroad claims?

If you have come to harm as a result of someone else’s negligence or recklessness, then you may have the right to seek compensation. This is the same whether your accident occurred at home or abroad.

However, the claims process for accidents that occur in a foreign country can look a little different. Each country has its own laws and regulations, and the procedure for different kinds of accidents can be different too.

Our expert international personal injury solicitors can offer specialist legal representation to those who have been injured overseas. The compensation you receive can help to cover the cost of medical treatment, lost earnings, and costs incurred due to changes to your travel plans.

What types of accidents can I claim compensation for?

Our international accidents lawyers deal with many types of accident and injury abroad claims, including:

• Road traffic accidents abroad, either if you were in a coach, taxi, driving a hire car, or as a passenger or a pedestrian.
• Cycling accidents
• Aeroplane accidents
• Cruise ship accidents
• Slips, trips and falls in the hotel, in a public places or at a tourist attraction
• Skiing accidents
• Extreme sports injuries abroad (e.g. rafting, skydiving, bungee jumping)
• Accidents while working abroad

This is not an exhaustive list. Please contact us to discuss your specific circumstances and find out if are eligible for a claim.

Can I make an accident abroad claim through the UK courts?

In some circumstances, you may be able to claim for an accident that occurred abroad in the English courts. You can usually claim in the UK if:

• You are claiming against a tour operator, insurer or employer that is based in the UK, or
• You were injured while on a package holiday.

For other types of accidents, you may need to claim directly in the country where the accident happened, or you may have a choice between claiming in the UK or abroad. Sometimes, making a claim in another country can work out better because the compensation amounts might be higher, such as in claims made in the United States.

Which country’s court system you can claim through is known as “jurisdiction.” We have a page on jurisdiction for international personal injury claims post Brexit, or you can contact us for advice on your situation.

• Also see Can I Make a Claim if I was Injured in the USA?

Rest assured that we will help you understand where your claim should be made. We work with an international network of law firms to represent our clients when they need to claim around the world. You don’t need to worry about language barriers or being unfamiliar with local laws as we manage your claim from right here in the UK.

Does it make a difference if I was on a package holiday?

If you were on a package holiday, then you may be able to claim against the UK tour operator, in the English courts and applying English law.

The Package Travel, Package Holidays and Package Tour Regulations 1992 say that if you booked the package holiday through a UK-based tour operator, they will be responsible for any problems you suffer.

Where the Regulations apply, you do not have to involve a foreign court.

Any flight, transfer, accommodation, excursion or activity that was included in your package holiday booking is covered by the Regulations. The Regulations do not apply to activities and excursions that were not included in the package, such as jet ski rides or a road accident on a hired moped.

You may still be able to make a personal injury claim in these situations, but you will need to bring a claim against the foreign defendant in the country where the accident happened.

What if I did not book through a tour operator?

The way your claim will work depends on:

• The country you were visiting
• How the accident happened
• Who was responsible
• When the accident happened

If you’re not sure whether your accident qualifies for a claim, contact us for a free initial consultation. We can tell you straight away whether you can make a claim.

What if my accident happened in the air?

The Montreal Convention is a set of rules that govern international air travel. It imposes ‘strict liability’ on airlines for injuries that occur during a flight or during boarding and disembarking. Strict liability means that you do not have to show that someone was to blame for your accident. The airline is considered responsible simply due to an accident happening within the confines of their aircraft.

To make a claim, you must prove that there has been an accident. Common examples include:

• Items falling from overhead lockers
• Trips or falls whilst boarding or alighting the plane
• Burns from hot drinks spillages
• Food poisoning from meals
• The cabin crew hitting you with a food or drinks trolley
• Injuries caused by faulty equipment

Without getting bogged down in legal terminology, the definition of an accident can be complex and different to what you might expect. Generally, you must show that the accident itself was unusual and not something that ordinarily happens on a flight. Being struck by the drinks trolley is an unusual accident that you potentially could claim for. Injuries caused by difficult landings that are within the normal range are not unusual, and you would not be able to make a claim.

The injuries must result from an external accident. You cannot claim for ‘internal’ medical conditions such as deep vein thrombosis or a perforated eardrum caused by changes in air pressure.

What should I do if I get injured in an accident abroad?

The first priority is to seek medical attention. In most countries, dialling either 112 or 911 will connect you to the emergency services. After that, you should do the following:

Step one: Collect evidence

• Write a record of what happened while the incident is fresh in your memory.
• Obtain the contact details of any witnesses.
• Take photographs of the scene of the accident.
• Take photographs of your injuries.
• Record the dates of your visits to a doctor, clinic or hospital.
• Get a copy of any official written medical reports.
• Keep receipts for expenses related to your accident, such as medical bills and taxi fares to the hospital.

Step two: Report the accident

• For road traffic accidents, report the incident to the local police.
• For package holiday accidents, report your incident to the holiday rep. If there is no rep, report the incident to the tour operator’s UK head office.
• For hotel injuries, report the accident to the hotel manager and take a copy of the entry in the accident book.
• Contact your travel insurance provider.
• Do not admit fault or sign anything without advice from a solicitor as this could affect your claim.

Step three: Contact Osbornes Law

Contact us as soon as possible, either from the country where the accident occurred or once you have returned to the UK. The time limit for bringing a claim may be much shorter in other countries, so it is important to act quickly to protect your rights.

What types of injuries do we recover compensation for?

From minor sprains through to serious, life-changing trauma, we have run successful claims across every kind of injury sustained overseas. Common body-part claims include:

• Ankle Injury Claims
• Arm Injury Claims
• Back Injury Claims
• Elbow Injury Claims
• Finger Injury Claims
• Hand Injury Claims
• Hip Injury Claims
• Knee Injury Claims
• Leg Injury Claims
• Neck Injury Claims
• Shoulder Injury Claims
• Wrist Injury Claims

If your injury isn’t listed, call us. We act on almost every kind of injury suffered abroad.

How long do I have to make a claim?

If your accident abroad claim is eligible to be brought in the UK, you have up to 3 years from the date of the accident to make a claim.

The time limit for other accidents abroad depends on the laws of the country you were injured in, and may be shorter than UK law. Our experts can advise you with regards to your case. The faster you act, the greater the chances of making a successful claim.

What are my next steps?

Contact us on 020 7485 8811 for a free initial consultation on your case. We’ll tell you whether we think you can make a claim and what you need to do to get started.

Most accident abroad claims can be funded through a No Win No Fee agreement, even if we need to bring your case to another country. This means that there’s nothing to pay upfront and that you only pay legal fees if your claim is successful.