27 January 2013
27 January 2013, Comments: Comments Off on HAD AN ACCIDENT WHILST ABROAD?

If you have had an accident abroad that is not your fault and you have suffered injuries and are thinking about making a compensation claim then it can be difficult to know exactly what to do. Legally the position can be quite confusing.

The first thing to do is to see whether your accident occurred on a “package holiday”. The Package Travel Regulations 1992 cover holidays that have been booked in this country where transport, accommodation or other tourist services make up a significant proportion of the package. The trip must last for at least 24 hours or include overnight accommodation.

If the package travel regulations do apply and if the accident was the fault of the travel agent or their representatives (including the hotel and their staff), then a claim can be made against the travel operator and any proceedings can be issued and dealt with in this country.

If the Package Travel Regulations 1992 do not apply then the position is legally a little bit more complicated. You will need to identify exactly whose fault the accident is and whether it’s an individual or a business, their location, and whether they are insured. If the accident is the fault of a company abroad then you need to look at where their registered office or principal place of business is.

Generally the type of law that would apply will be in which country the accident actually took place but the legal position can be complicated.

If you had an accident abroad that is not your fault and you have suffered injuries then we would strongly recommend that you seek specialist legal advice. Please feel free to ring us on 0800 3 10 11 12 for a free no obligation chat. We would be delighted to help.

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