How to claim compensation if you are injured on holiday or abroad

By Ian Morris | Updated June 12th, 2024

78 questions have been answered on this subject - ask us your question

When it comes to making a holiday injury claim it is much harder to know if you have a right to do so, or how to go about it. Most specialist no win no fee injury compensation solicitors working within the United Kingdom are only able to pursue claims against companies or organisations based within the UK. In the majority of cases, we can only help people claim injury compensation if they have had their accident and sustained their injuries in this country. But there are some exceptions…

Package holiday injury claims

The most common type of claim we see from those injured on holiday are slips and trips, particularly in hotel lobbies. Claiming injury compensation after a fall like this is usually an easy process if the accident happened in this country, but in a foreign country it is never as simple. However, if you have slipped (or suffered any other kind of injury) in a hotel, for example, that was booked and organised through a UK-based tour operator as part of a package holiday, you may well have a valid claim as we would attempt to hold the UK tour operator liable for placing you in a hotel that failed to ensure your safety at all times.

As with all claims for injury compensation, it is important that the details of any accident are correctly recorded and reported to the right people. In the case of an accident overseas, you should report the details to the venue and also demand that your locally based tour operator representative records the details and their cause, and then advises the UK office of the tour operator of the incident. This would give your injury compensation claim the equivalent of an accident book to refer to for evidence. You should also obtain medical treatment as soon as possible and in most cases when you have medical treatment overseas, you will need to pay for that service and then claim the costs on your travel insurance.

Holiday road accident claims

Another common kind of injury overseas are as a result of road traffic accidents. Claiming compensation for injuries in a road traffic accident in a foreign country is usually not something that a UK-based solicitor is able to assist with unless they have qualifications to operate in that country or can refer you to a solicitor based there. It is quite common for injury compensation solicitors to be qualified in English law as well as Spanish or American law, for example.

Why not see if you can claim?

If you have been injured whilst on holiday, you have nothing to lose by contacting us to discuss the details of your accident. Even if you think there is no way on earth that you will be able to claim compensation for your injuries, you may be wrong. One of the things that makes Direct2Compensation so special is our network of expert solicitors who can help people with all sorts of claims, from common scenarios through to the unusual or complicated ones such as overseas accidents.

At Direct2Compensation it won’t cost you anything to seek advice from a solicitor and it won’t cost you anything if your claim fails. You have nothing to lose and plenty to gain, so contact us today and let us find out whether or not you can claim injury compensation for your overseas travel accident. Please call our team on 01225 430285, or if you prefer, we can call you back.

78 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming, plus holiday injury claim examples...

Hi a slipped in hotel ambulance come took me to hospital a had a broken wrist kept me in over night on drip paid my excess so insurance paid hospital will a be to claim for it thanks

You may well have a valid basis upon which you claim compensation for the pain and discomfort caused by the nasty injury you have sustained as well as recovery of costs or losses caused by the accident. In order for us to advise as to whether or not you can make a claim, we need to know more about your accident and what caused you to slip, where you slipped and which Hotel this happened in.

Please call us on 01225430285 so that we can discuss your accident and learn more. We can then advise and if viable, assist you with a No Win No Fee claim for compensation. Alternatively, you can request a call via our website.

On my first night of the holiday in Lanzarote i received an electric shock from the plug socket when trying to plug the lamp in this threw me 2-3ft and an electric shock to my right hand which a tingling sensation went up my arm, we reported to hotel receptionist and the electrician came to remove an plug pin from the socket which had actually caused the electric shock, i have photos of the socket, socket and pin and kept the pin the electrician took out. We had called jet2 the following day first thing and met up with the hotel manager who we explained how serious it was and could of been a different outcome. They made a fuss over my 30th birthday the following day decorated the room, sincere apologies and to try enjoy rest of my holiday the aftercare i received was non existent like it was all forgotten about. Jet 2 never called us as this is what the jet2 rep said they would do. Doctors i visited out there just diagnosed me and gave me the original copy of the doctors report. The hotel never filled out an accident or incident form with me i asked the manager for all the documentation from the incident and the director of the hotel had gave me a letter in spanish with not much detail of it. I feel like im being fobbed off but surely an electric shock in a hotel room on holiday is serious as its not being safety checked before occupying it to other families. Who can help me please

Please call us on 01225430285 or use our website to request a call from us. Although you were injured outside of the UK, the fact that you had booked and paid for your holiday as a package may allow our Solicitors to pursue action against the tour operator.

We do need to consider whether your injury is sufficiently severe to enable a claim, but essentially it would appear that a claim could proceed.

I had a serious injury on holiday in kavos and the hospital said I was drunk but I wasn’t. My insurance centre wrote “slipped and fell”. I’m actually disabled as I can’t use my arm, is there anything I can do?

Where did you fall and how did it happen? If you fell in a public place in Kavos, you would have no right to make a claim under UK law and would have to take any such action under the local legal framework covering that location. However, if your accident happened within a Hotel that you had booked and paid for via a UK registered tour operator and the cause of the fall can be attributed to negligence, you may have grounds to take action against the Tour operator.

I go regularly to an apartment in Portugal, I am disabled can not walk well with one leg and waiting for hip replacement as well as balance issues with a brain tumour, I booked my usual then several week later he told me he had let someone else have it but was giving me a nicer one instead in same area, when we arrived it had downstairs and upstairs, the stairs up were those winding ones and he knew i would struggle told me could sleep downstairs if so as left sheets etc, but the toilet and shower were up!, Had only been there an hour and came down so carefully as was nervous but the bottom turn part had no had rail, and i misjudged it and fell onto my bag leg side on marble floor.
My leg was agony but presumed just bruised but had to use wheelchair as couldn’t walk for rest of the stay, he did move us the next day to one on all one level , I am back in the UK now and still it is as bad , I am going Casualty Monday when can get someone to take me, I literally cannot walk at all and now wondering if wasn’t bruised but something broken , my hip hurts at times if twist it et so thought was nothing major but its my knee, hip and bottom back , is there anything I can do ?

As your accident has happened overseas, there is unlikely to be anything that a UK Solicitor or claims specialist can do to assist you. Unless your accommodation was booked and paid for through an ABTA and ATOL registered UK tour operator who were made aware of your disability needs prior to booking, there will be no liable party in the UK against whom you could pursue a claim.

Hi, I had a fall in Indonesia and suffered a fractured coccyx’s and fractured sacrum, would I be able to make a claim ? It was on some stairs at a hotel that weren’t the safest.

Unless the stairs where you fell were in a Hotel that you’d booked and paid for via a UK registered tour operator, it will not be possible to pursue a claim in the UK and you would have to go through Indonesian law to take action if not.

If you think we can help you, please contact us on 01225430285.

Hi my partner got stabbed whilst on holiday in Portugal and was in hospital for 8 weeks. The attack was unprovoked, he was robbed. Would he be entitled to compensation?

Portugal does have a system in place that enables UK citizens to claim criminal injury compensation. Before Brexit, UK citizens assaulted in any EU Country could pursue a claim through the Criminal Injuries Compensation Authority for compensation. However, now you must contact the British Embassy in Lisbon.

Hello, I was recently injured falling downstairs of a hotel reception in gran canaria, the receptionist only asked if I was OK then sat back down whilst I was still on the floor, I had fractured my arm as a result

Whether or not you can pursue a claim for personal injury compensation is uncertain. As you may imagine, the fact that you were injured outside of the UK does present some problems as it may well be the case that you cannot take action under UK law and would instead need to seek the advice of a Spanish legal professional. However, if the Hotel was booked via a UK tour operator, there is a potential that they may hold a vicarious liability for the incident.

Notwithstanding these issues, we must first see whether the cause of your fall can be attributed to negligence or whether it was simple misfortune. If you were caused to fall due to a spillage on the stairs or some sort of disrepair to the floor surface, negligence is likely to attach.

The steps on which I fell the hand rail doesn’t come all the way down it stops at the 3rd step from the bottom and this is where I fell

There is no requirement as such for handrails to be fitted on stairs or steps, but if those that are fitted are broken or dangerous, there can be a potential to pursue a claim.

Was the accommodation you were in at the time booked via a UK tour operator?

I was on holiday in Paros Greece when I had a fall and ruptured my patella tendon. I saw a consultant same day who confirmed the injury and it’s severity. I contacted my insurance company to arrange a repatriation flight back home which they approved but it took twelve days to get a flight back. During those 12 days I was bed bound or laying flat all of the time and could only leave my room or the adjacent breakfast area to twice visit a clinic. In short our holiday was ruined and our return when it did eventually happen was 4 days later than scheduled. My question is whether we can claim for the “loss of enjoyment of the holiday”. We were paying €195 per night and just waiting to get back home. Our hire car was left where I fell and it took the hire company 9 days to recover, can I claim for that cost too?

What caused you to fall and where did it happen? If you had a fall in a public area whilst overseas, there is sadly nothing we can do to assist and you’d have to either claim via your own travel insurance or with the assistance of a legal professional able to act under Greek law.

If your fall happened due to some form of negligence (disrepair, hazard on a walkway) within a hotel accommodation that you had booked via a UK tour operator, we may be able to make a claim, which if successful would see settlement that included pain and discomfort for the injuries sustained and for their impact on the holiday that you had paid for – essentially a cost recovery of the same.

Are you valid for a claim if you have injured yourself on a jet ski abroad however not seeked medical attention abroad ( waited until travelled back to the uk later on that day) ? I have 4 fractures in my foot and have had surgery however when I got off the jet ski their was no medical help from who we hired the jet skis off they just left us to it.

Sadly, it would seem that you are not in a position to take action under UK law for the injuries you have sustained. The main issue is that you were injured overseas and that the service you purchased was provided by a business registered and operating outside of the United Kingdom. Therefore, they will not be subject to the health and safety practices of the UK and our Solicitors would not have jurisdiction to be able to assist.

My girlfriend got a big shock off the hot food counter in the hotel and now has to go to hospital because of chest and arm pain. Are we able to claim? We are still on holiday at the minute and we have insurance but we were told that we will have to pay for the doctor and we will get the money back when we go home, we are just waiting on the doctor to come and bring us to hospital.

Your holiday insurance will certainly cover the cost of any medical treatment needed whilst away. In usual circumstances, you would pay any fees for care and then reclaim them once back home. With this in mind, it is important that you ensure that details of treatment are retained along with receipts for payment. Of course, if the cost of treatment is higher than you would anticipate, you can contact the insurers directly and they may agree to provide an undertaking to the Hospital to cover the costs of treatment directly.

As to whether it is possible to claim personal injury compensation via a UK based Solicitor, you will only be able to do so if the location of the incident (hotel) was booked via a UK based tour operator as they would then have a potential vicarious liability for the incident. It is vital that the details of the electric shock injury are recorded both in resort (in writing with the Hotel and if applicable, an overseas based tour representative) and you should then follow that up immediately when back in the UK by writing to the tour operator regarding the incident.

Went to Jamaica – 5 star hotel through TUI. I broke my foot on uneven cobbles in the hotel.

Make sure that your injury is recorded locally (in the Hotel accident book) and with any resort representative of the Tour Operator. If possible take photographs of the accident site and also follow up your report of a dangerous area (and your injury) with the Tour Operator once back in the UK.

I went to Turkey in April, and slipped on a wet floor in the dinning area. There was a wet sign but far away from the wet area and outside dinning area is extremely low lit. I had walked and slipped, my knee popped and two people including a waiter picked me up and took me to my family where we were sitting. I told the manager of the hotel in the lobby the next morning what had happened and he said if i needed anything to email him. he basically shrugged me off.

I have since had an MRI and been told i have ruptured my ACL. can i claim if he didn’t even log the incident properly?

In this case, you can only make a claim if the accommodation that you were staying in and where you had the accident was provided through a booking made with a UK based tour operator and only if the incident was reported in resort and followed up with the tour operator when you returned to the UK.

We are currently on holiday in Malta. My daughter got injured in the pool yesterday while playing. Her toe was cut and we couldn’t stop the bleeding for over 15min. The accident was due to faulty grounding. The tiles were lifted up and as result caused injury. The pool was closed after the incident pending an investigation. Can we claim compensation?

I slipped in the shower room in my hotel. As a result, I have broken my fibula. The tiles in the shower room are like glass.

Did you report your accident to the hotel reception? Do you know if an accident book report was completed?

In terms of a potential claim, if the tiles are unduly slippery and the hotel have failed to provide any clear warning within the bathroom or a non-slip mat to place on the tiled floor, you may well be able to succeed with a claim for personal injury compensation as there is then an argument that the hotel have been negligent in failing to reduce the risk of injury in an environment where there is a foreseeable risk of injury.

In terms of negligence, it would appear that there are strong grounds to pursue a claim and that liability should attach. However, as the accident has happened outside of the UK, it may not be straightforward to pursue a claim. Indeed, unless the pool was at a holiday accommodation that was booked and paid for via a UK Tour Operator with ABTA bonding, any claim will not be possible from within the UK and you would instead have to instruct a Maltese legal professional to act for you.

If you booked the holiday accommodation in the UK and the pool was at that site, contact us as we may well be able to help you make a claim for personal injury compensation.

My partner fell on holiday in dominican republic in the shower as the drain came off,no slip mat and no handrail,i have taken photos,we have been told by slater and gordon they will take our claim on but want money upfront,we was looking for no win no fee with no money to pay upfront

To be asked for an upfront payment from a Solicitor is extremely unusual and you are right to be wary of such a request. Why have the Solicitors in question requested the fee – have they explained what it is for?

Our Solicitors act on a No Win No Fee basis and would be happy to consider your claim. Claims for accidents that happen whilst on holiday overseas are not always straightforward or easy for a UK Solicitor to take on, but if the accident happened in an accommodation that was booked through and provided by a UK tour operator, it is certainly possible to pursue such a claim.

Booked with TUI, my daughter joined in at a foam party which was held in the football courts covered with fake grass with a hole in some parts. She couldn’t see due to the foam and dropped once she got up a friend told her she was bleeding, we went to a emergency clinic and she has been stitched and wrapped.

If someone is injured whilst overseas on an activity or booking made with a UK registered tour operator, it may be possible to make a claim for personal injury compensation. The key issue here is to ensure that the incident is properly reported locally (with a tour operator representative) in writing and that this is followed up once back in the UK by contacting the company in question.

Clearly, in this case the event in question would obscure any visual sight of the surface of the ground beneath the foam/bubbles. As such, it is vital that the provider of the event (and vicariously the parties selling the event – such as tour operators) undertake adequate inspections to ensure that there are no hidden hazards or risks to health. It would appear that such inspections have not been undertaken given the nature of the injuries sustained.

Hi, I fell through a shed at the back of a property I was staying at on holiday. No injury – can I claim for trauma? As I feel limb damage or something more severe could have happened. Although it didn’t.
Under the circumstances I wish to pursue a compensation claim for the trauma caused. Can you please advise if this is something the owner should pay?

You would not be able to claim for psychological trauma in such circumstances. The fact that you ‘could’ have sustained injury but didn’t would not meet the criteria. Further, there would be questions as to why you were on the shed.

So I’m at my old landlords which is holiday guest house, the basement where you use dryer is very low concrete wall to get in and out the door way there is no mind your head sign. I’ve accidentally smacked my head into his wall now I got sharp stabbing pains in my head, what’s the advice you can can give me?

The first thing to make sure is that there is a written record of the incident logged with the property owner. This should include the date and time of the incident and a description of the incident and injury symptoms sustained. You should also obtain some photographs of the low wall and lack of signage and if the injury symptoms then seem to be sufficiently severe, you should seek medical attention to ensure that relevant evidence is available should a claim proceed.

The key thing at this stage is to make sure that there is a paper trail and sufficient evidence to support a claim, should it be viable and valid to pursue such action.

i have been on my private holidays abroad, i slipped on the stairs and had injured my lumbosacral spine, also had my treatment done abroad, can i claim?

Any claim or legal action in these circumstances will need to be pursued under the legal system of whichever country you were injured in.

Hello 10 years ago l went to my GP with what I thought was a mosquito bite having been on holiday, he assured me it was nothing but noticed a puckering on my left breast and referred me to the breast clinic, after tests I had cancer, had a lumpectomy, radio therapy and tablets for 5 years. The original lump was never removed, now 10 years on that lump was eventually tested came back a contained cancer, now in April of this year I had to have a mastectomy as l can’t have radio therapy twice. Is this negligence? I feel someone is to blame for not finding out what this lump was 10 years ago and as I’d got cancer in that breast why wasn’t it removed as a precaution?

We are able to obtain clinical negligence advice for claimants as we work with a specialist in such claim types. If you would like to get their opinion, please email me directly (ian@direct2compensation.co.uk) to summarise your situation (as you have outlined here), along with your contact details and date of birth. I’ll then make sure that our specialist reviews this and contacts you directly to advise you further.

Hi, whilst in Tenerife my mum slipped on standing water that had been left to dry in the sun after being mopped by hotel staff outside the front of the hotel. The hotel and holiday company have denied that this is anything to do with them, and a different solicitor was not willing to take this case on. My mum slipped and broke her wrist in two places. At the time the holiday rep tried to dismiss responsibility by saying it was the responsibility of the local council but why is that so when the hotel staff mop the area every day? Is there any point trying again to pursue this?

In reality, the prospects of succeeding with any claim in this scenario are extremely slim. For this reason, it is unlikely to be possible to find a Solicitor who is able to pursue the claim on a No Win No Fee basis.

If the accident had happened in the UK in the way you describe, a claim would be valid and it would have a good chance of success. However, as the incident was overseas where the laws will differ and working practices will too, it is a much harder prospect.