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

31 questions have been answered below, why not ask your own?

When it comes to making a claim if you have had an accident overseas 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…

Injured on a package holiday

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.

Road accidents overseas

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.

31 questions have been answered below, why not ask your own?

Leave a question

Please note we can only deal with claims within the UK legal system. Your question will appear once approved and we'll answer it as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Questions & Answers


  1. Stuart

    Hi . I fell and injured my foot in Greece . Went to hospital had an x Ray . Dr said he was not 100% sure if I sustained a fracture
    He put a backslab plaster cast on as a precautionary measure and told me to fly back as early as possible to be checked over by my local hospital . Next day flew home went To my hospital and they took another X Ray with my plaster on . Again they could not see a fracture so they removed the plaster and told me I had a badly sprained ankle and to walk on it as much as possible to stop it from seizing up.

    I went home on crutches and tried to walk like he said . I fell over twice on steps At home trying to use these crutches but I could not put that foot on the ground at all so I could only use a wheel chair . With my foot now s mass of bruising , swollen , and blisters I went back to hospital the bevy day for a second opinion . This time they picked up a tiny crack in my ankle . They put me in plaster . This was about June time . I was in plaster for 4 weeks and they took the plaster off . I knew my foot was still not right and asked For another opinion because I did not think my foot was right . In October , 5 months after the accident I got another X-ray then a CT SCAN . This time they pointed out the extent of the injury . They diagnosed a “ displaced intra articular fracture to my calcaneus. They apologised for missing it in the initial x Ray in A&E and said if they had spotted it then they would have operated by inserting steel plates or insert two screws in my heel to and tighten my heel back in place with the screws . Now they say there is not much they can do but they will give me a cortisone injection .
    I now have a permanent limp , my heel is an odd shape and have pain every day . They have now discharged me with no treatment at all . Even though I had the fall in Greece , I came straight home next day in plaster went to hospital where they missed my fractured heel , can I claim compensation for a misdiagnosis of my fracture , or because it happened in Greece I can’t claim anything . ?
    Thanks

    Reply
  2. Julie

    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 l went with which you could see to look at was never removed ,or biopsied ,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

    Reply
    • Ian Morris

      Clinical negligence is an extremely complicated area of personal injury law and any potential claim, such as yours can only really be advised on and considered by a specialist in clinical negligence matters.

      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.

      Reply
  3. Michelle

    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?

    Reply
    • Ian Morris

      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.

      Reply
  4. Annette

    Hi I slipped on some steps while on holiday in Cape Verde the cleaner was mopping them ,I broke my wrist,on returning home my holiday insurance put me onto a solicitor to see if I had a case to sue tui for personal injury. I have given all details and paper work to them 2 months ago and still waiting for them to tell me if they will take the case. Is it normal to wait this long thankyou

    Reply
    • Ian Morris

      When you say you have waited 2 months, is that for the Solicitor to advise you as to whether or not they are willing to pursue a claim for you? If so, that is too long. You really should expect a decision from a Solicitor on whether or not to run a claim within a few days – say a week at most. If on the other hand, you have instructed a Solicitor and they have submitted a claim to the defendant, 2 months is not excessive in terms of waiting for their response. Indeed, you would anticipate a further couple of months before they respond to the claim.

      Reply
      • Annette

        Yes it’s 2 month I’ve waited and still waiting for them to let me no if they will persue the claim

        Reply
        • Ian Morris

          That is certainly excessive! You should chase them and demand a decision within 3 working days.

          Reply
  5. Adrienne

    I am in Slovakia on a medical spa holiday since 14th October and due to return to London on 4th November.
    Yesterday I went to have a massage and on the way I slipped in the locker area due to water on the floor. I was taken to hospital for x-rays and fortunately nothing is broken however am in a lot of pain in my back shoulder and hip and finding it difficult to sit. I was unable to have the prescribed spa treatments yesterday or today will be seeing the hotel doctor tomorrow for my weekly checkup.
    I have travel insurance with Vitality with an excess of £250.
    The treatment at the hospital was around £100.
    I would appreciate it if you could advise me if it is reasonable to ask for the hotel to pay for my medical expenses as well as compensate me for loss of treatments already paid for and pain caused due to negligence of water on the floor. I have reports from both the hotel doctor (who came to attend to me yesterday and sent me to hospital) and the hospital.
    Any advice would be greatly appreciated.

    Reply
    • Ian Morris

      Travel Insurance and what you are covered for is something that will depend on the particulars of the insurance policy that you have. As your accident happened in Slovakia, your rights in terms of compensation and claims will rest under Slovakian law. However, it would seem that it is totally reasonable to ask the Hotel to cover your costs as a minimum in this situation.

      Reply
  6. Patricia

    I have returned from benidorm and fell due to a pot hole in a pedestrian walkway in road. We was on our way out for a late evening show starting at 10 pm so was not under influence of alcohol as this was the start of the night.
    Was seen by hospital next day due to pain and not weight bearing, strapped for a sprain and given crutches. I now will see my gp as i am unable to fully move some toes. Do i have a claim please?

    Reply
    • Ian Morris

      If your injury happened whilst in Benidorm (Spain) you cannot pursue a claim under UK law or with a UK personal injury specialist such as ourselves – unless the cause of your fall was within the grounds of a hotel complex that you had booked via a UK based tour operator.

      If the pothole that you fell in was on a public street in Spain, any right to make a claim would need to be exercised under Spanish law and via a Spanish Solicitor.

      Reply
  7. patricia

    I was on holiday in Lanzarote, on the 24th of june i was walking back after playing a game of crazy golf. It had been raining as i entered the pool area i slipped i suffered a fracture pelvis, soft tissue damage to left leg. Spent 3 days in hospital. Since returning to uk i’ve attended gp and accident and emergency. I now have to see a doctor at soft tissue clinic as injuries are severe. I am in constant pain, cannot drive, my husband who is self-employed has to be with me because i cannot do anything. Can i make a claim against the hotel or the flight company? Thank you.

    Reply
    • Ian Morris

      Any action you may be able to take, would have to be pursued under Spanish Law as the accident happened on Spanish soil. Therefore, we cannot advise you on this occasion.

      Reply
  8. Dodo

    On holiday in Majorca an amplifier fell and just missed the back of my husband’s head. The band were erecting the equipment and the person could not fit the amplifier properly. It crashed onto the table and smashed glass everywhere and hit my husband’s knee. The waiters came and helped us and got him up but he was not seriously hurt but very shaken as I was. Our granddaughter had died the week before we came out and family insisted we went on holiday as she would have wanted. We were very stressed and upset. The hotel knew this and were very sympathetic and one of the owners said he would like to do something so report it to TUI. It was recorded in the accident book and we reported it to the TUI rep. We contacted ABTA who said contact TUI. Despite numerous letters they say we suffered no injury and had no medical expenses. The hotel says without report from TUI there is nothing they can do although they want to. Do we just give up?

    Reply
    • Ian Morris

      As this incident happened in Majorca, there may well be a need to have any potential action pursued under Spanish Law. You mention that your Husband’s knee was ‘hit’ in the incident. Did this cause injury? If so, is there any evidence available to demonstrate the injury? If there are no medical reports, are there photographs of the knee?

      TUI may well be correct in their response to you if there was no injury but further, would then have responsibility for the mishap caused by whoever was erecting the speaker stand?

      Reply
  9. chris

    I fell heavily because of wet floor in hotel here in Majorca. Easyjet / Zurich have agreed to get me home to London etc. I have pics and hospital report, but hotel refuses to help with accident book. They called initial doctor and reception have helped extensively. Director says I need to email a hotel address, given by him. outlining details. I argued that there should be an accident book, but he said not. I have a small broken bone in coccyx and will have extensive pain for some time to come.

    Reply
    • Ian Morris

      Given that you were injured whilst in Majorca, any requirements as to accident reporting and any possible claim for compensation will be subjected to Spanish Law. With this in mind, you will need to seek the advice of a Spanish law firm.

      Reply
  10. Deborah

    After going in a hot tub at a holiday apartment I slipped down 6 steep steps which I had already warned my daughter about as there was no rail. my feet were wet and I had flip flops on but i approached slowly and with caution. However regardless of this my foot when flying from beneath me and i didn’t have anything to grab hold off and one of my legs got bent underneath me as i bumped down the stairs. I was in agony and scared to.move. An ambulance was called.

    is it worth pursuing this?

    Reply
    • Ian Morris

      The provision of a handrail is not a prescribed legal requirement. Therefore falling simply because there is no handrail is unlikely to be sufficient to pursue a claim. However, if the steps are not marked with a slip warning sign and have no non-slip surface, you could have a valid claim.

      You mention though that you were on Holiday. The issue here could be whether or not we can assist you. If your accident happened overseas (outside of the UK), it is unlikely that we can help but if you were injured within the UK, it would be worth letting us look in to this further for you.

      Reply
  11. Debra

    I was on holiday at an all inclusive resort abroad organised through thomas cook. was walking from one side of the swimming pool to the other to collect belongings. I wasn’t coming wet from the pool. I was dressed and wearing flip flops. I wasn’t drinking, i wasn’t running and I was simply walking at a slow pace concentrating where I was going. Around the pool they usually have a front row of sunbeds, and then one row at the back with an area in the middle which people use as a pathway. My left left slipped and I twisted it and heard a snap. Taken to Egyptian hospital and operated on my now broken ankle. When I initially was helped off the floor some of the reps came to help and take photos and they said there was no obstruction. I know there wasn’t as I slipped on the footway. Around the rest of the hotel there are yellow signs put out when they are mopping but they have no signs around the pool despite people getting in and out of the pool dripping wet. After my slip they did put a yellow sign at the spot for a few days but it is now gone. I wondered if i could claim as I now have months of immobility due to no fault of my own.

    Reply
    • Ian Morris

      As you may appreciate, we cannot take any legal action against the overseas Hotel in this matter as such action would need to be taken within the legal system of the country in which the Hotel is located. However, you may be able to pursue a claim against the UK tour operator as they could have a vicarious responsibility for your Health and Safety whilst in a premises that they have ‘sold’ to you as part of your Holiday.

      As with all injuries sustained in an accidents, it is vitally important that you make sure that a full detailed report of the accident is made with the travel companies resort representative. You should also then follow this up by reporting the accident and your injury to the Tour Operator once you are back in the UK. Given what you have said here, it is important that you mention the lack of any hazard sign where you fell – until after your accident, as this could be a vitally important factor.

      On your return to the UK, you should contact us. We would be very happy to present the details of your claim enquiry to our specialist Solicitors in order that they can properly consider the specific details of your accident and advise you as to whether or not your claim can proceed against the UK tour operator.

      Reply
  12. Peter Leamon

    Whilst on a weekend break (21/9 – 24/9/18) at a well known caravan park company, it was raining quite heavily and there was a leaking gutter directly over the door and set of metal steps. The result being a puddle on the R H side of the steps. When I went out my right foot made contact with the puddle on thr top step, slipped off, and I slid down all 3 steps on my back landing in a heap on the ground below.
    I sustained a bruised back and muscular bruising to my right shoulder and just above my right buttock. Quite intense pain incurred.
    Do they have a “duty of care” in this instance and could I make a claim against them? I have kept a log of the accident/times etc. I have heard nothing from them even though I saw their First Aider on site who filled in an accident form just after the accident

    Reply
    • Ian Morris

      The caravan park company most certainly do have a duty of care and there is a strong argument to be made that they have breached it in this case and that their negligence (in not repairing the leaking guttering prior to placing you in the caravan in question) directly lead to your injury. As such, I would recommend that you do pursue a claim against this company for your injuries, the cost of the weekend break and any associated losses.

      Reply
  13. Susan

    Hi
    I have suffered a fall at a holiday property I was stay at. Whilst stepping off the porch the ground gave way and a small sink hole appeared and my foot sank in the hole. I suffered cuts and bruises. There was no visable sign when I stepped off.
    Do I have any rights to compensation?

    Reply
    • Ian Morris

      You do have a right to make a claim for compensation in this matter, but whether or not the holiday property owner will be held liable will depend on the exact cause of the hazard that caused you to sustain injury.

      If the hazard was caused by a newly developed sink hole that appeared at the time of your injury, it is unlikely that you would be able to demonstrate negligence on the part of the property owners as the courts would find that they had no way of knowing of the risk to your health. However, if the sink hold was already in situ and had not been cordoned off or marked with a sign to warn you of the risk to your health, you would have a strong claim.

      If the sink hole was caused as a result of some adjacent construction or similar, you may be able to claim against the relevant persons if their actions can be shown to be negligent. You may wish to call us on 01225430285 to discuss your thoughts on this matter.

      Reply
  14. Natasha

    Were on holiday and my son has slipped over by the entrance of our apartment as it’s so slippy from people accessing the pool! There are no mats out anywhere and while my son was taking his shorts off before entering the apartment he’s slipped over and chipped his 2 front teeth (adult teeth). I’ve informed the manager and he didn’t really care about how slippy the floor gets. There are no signs out nor is there anyone around trying to dry the floors. Can I claim for my sons teeth to be treated for the rest of his life?

    Reply
    • Ian Morris

      If the accident has happened in the UK, we would certainly be able to further investigate making a claim on behalf of your son. The fact that pool water is likely to be trodden around the areas adjacent to the pool side and in to the apartments buildings is foreseeable and therefore, it would be reasonable to expect the Apartment Management company to place warning signs and some non-slip matting to reduce as far as possible the risk of slipping.

      If the accident happened outside of the UK, it is more problematic for us – but if the holiday was booked and paid for via a UK registered tour operator, it may be possible to bring a claim against them for the losses and injuries as they would have a responsibility to ensure that you are not placed in an accommodation where risk of injury is present.

      In either case you must make sure that the details of the accident – the lack of matting and hazard signs as well as the injuries – are properly reported and recorded both locally with the apartment company/reception and also to any organisation with whom you have booked this holiday.

      Reply
  15. Mrs Bray

    Whilst on holiday abroad I was walking up a spiral staircase, fell and broke my wrist in two places with actually 3 breaks, not 100% sure if floor was wet or not, when reported to rep I was told that they he couldn’t of been wet as they don’t mop those stairs but a couple of days later there was a caution wet floor sign at the bottom of the same stairs, not sure if I can make a claim?

    Reply
    • Ian Morris

      Claiming compensation after an accident that has happened overseas is something that can be done, but only in certain circumstances and situations. In your case, you would only be able to claim if there was a fault with the stair case that you could identify and if the staircase in question was in a hotel, apartment or property that you were booked in to or taken to by a UK registered tour operator – booked from within the UK.

      Reply
Direct2Compensation Personal Injury Claims

Speak with a claims expert

We're happy to answer any questions you might have, or let you know if you are eligible to claim. Just fill out the form below. You can also call us on 01225 430285.