No one likes to think that an accident could happen whilst on holiday, but sometimes the worst does happen. Craig Dickson from Sydney Mitchell Solicitors looks at some of sensible steps to take before travelling.
We all look forward to, and save hard for our holiday each year. There can be little worse than having such an eagerly anticipated vacation ruined by an accident, injury or illness.
The vast majority of holidaymakers arrive at their destination and enjoy their holiday, whether abroad or in the UK, without any problems at all. They return home after their trip happy, fulfilled, refreshed and instantly looking forward to their next break. However, for those that are unfortunate enough to suffer accidents or illness whilst on holiday, their pain and suffering can frequently be only the start of their woes.
Of course, nobody plans to be in involved in an accident whilst on holiday. Quite understandably, therefore, most people are content to take out simple travel insurance expecting that they have now suitably protected themselves from everything that can (but won't) go wrong. The worst then happens and they are left not only with their pain and suffering but in a foreign location worrying about medical treatment, repatriation, problems with childcare, contacting relatives back home or even simply travelling whilst injured.
There are a number of things that travellers can do to ensure that they are not left injured or stranded on holiday without knowing where to turn for help.
Before travel, if heading overseas, it is essential to carry a valid passport. It is surprising how many people check their passport for the first time standing in line at the airport waiting to check their bags in! Enquiries should be made with the Foreign and Commonwealth Office (www.fco.gov.uk) for any travel advice specific to destination before travel. Vaccination and other health requirements should be investigated at least 6 weeks before travel.
It is vitally important that holidaymakers have appropriate travel insurance in place before they leave. There is no obligation to take out the insurance that is offered by travel agents and travellers are free to shop around to ensure that they obtain insurance that is suitable for their requirements. The small print of any policy document should be read very carefully, as there may be exclusion clauses for things like excursions or dangerous sports or activities. Additionally, the vast majority of travel insurance policies containing legal expenses insurance sold with holidays by travel agents or tour operators specifically exclude claims against them or other carriers. This means that, if the worst did happen and a holidaymaker was involved in an accident that was caused or contributed to by, for example, the tour operator they would not be able to call upon the policy to meet their legal costs as they would normally expect. In this situation, consumers should be aware that there are alternative methods of funding available, including 'no win no fee'.
During their holiday, it is important that holidaymakers take responsibility for their own safety. The tendency to "go mad" on holiday should be applauded - it is a holiday after all - but not at the expense of an individual or family's safety. The best rule of thumb to adopt is "go wild, not stupid". Common sense should prevail at all times and holidaymakers should not embark upon any activity that they would not feel safe doing at home. It is also important to note that local safety standards may differ, and sometimes be significantly lower, than those reasonably expected in the UK.
If an accident or injury is sustained it is important not to panic. Help should be available to holidaymakers in most destinations. Tour Operator representatives are not just there to sell excursions and organise the '18 to 30' drinking championships - they are there to assist holidaymakers. Travellers who are injured in accidents or who sustain illness for reasons that were not their fault should complain, both verbally and in writing. Notes should be kept, photographs taken and contact details of any witnesses obtained. If a complaint is not acted upon or recorded whilst on holiday the complaint should be made again (and again).
Firstly, holidaymakers who have suffered illness or injury abroad often believe that they cannot take the matter any further when they return home. After all, the accident happened hundreds or thousands of miles away, right? Wrong. Anyone that has been injured in an accident or suffered illness on holiday may be entitled to compensation. First, it is important that a concise complaint is made to the tour operator or carrier as soon as possible after returning home as there can be very strict time limits for doing so buried away in the booking terms and conditions.
Secondly, as there are a number of avenues by which to take action following disastrous holidays, it is vital that specialist advice is sought as soon as possible from a solicitor with expertise in this type of claim. It is particularly important to do this without delay as time limits for taking legal action in foreign jurisdictions can differ greatly from those in the UK and are often much shorter.
It is an overstated fact that the world is, these days, a much smaller place. It is there to enjoy. Holidaymakers should travel with confidence and enjoy themselves but always be aware that a little time spent in getting to know their rights and knowing where to turn for advice if things do go wrong cannot be underestimated.
For further advice or information, please contact Craig at Sydney Mitchell Solicitors on 0121 698 2200 or via email to c.dickson@sydneymitchell.co.uk.
Craig joined the legal profession in 1996, and has extensive experience of handling fast and multi-track accident and illness claims. He was involved in two of the largest group illness claims to be brought in England and Wales. A member of the Pan-European Organisation of Personal Injury Lawyers, Craig is frequently consulted on the protection of the rights of claimants when travelling abroad.
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