Holiday Accident Claim
NoWinNoFee.com is a claims management company that helps people claim compensation for an accident or injury that wasn't their fault
With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.
If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.
There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:
- Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)
- Minor road accidents: The Official Injury Claim Portal
- Accidents involving uninsured drivers: The Motor Insurers' Bureau
Holiday/Vacation Accident Claims
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Information on Holiday Injury Compensation
If you suffered an accident or illness on holiday while in the UK, and it was not your fault, then your personal injury claim should be straightforward. It depends on what exactly caused your accident or illness, as to who is negligent or to blame. For example, if you trip on an uneven pavement then the local council may be negligent but if you suffer with food poisoning then it could be a hotel or restaurant at fault.
Things can be a bit more difficult if you suffered an accident on holiday overseas but a personal injury solicitor in the UK should be able to claim on your behalf against the holiday company or tour operator if your holiday was booked as a package deal from a British travel agent and your holiday accident or illness was the fault of the tour operator, travel agents or their representatives overseas, like the hotel staff.
The law that protects holidaymakers overseas is the 1992 Package Travel Regulations. According to these regulations, you can claim personal injury compensation in the UK even if the incident happened abroad if you purchased a package holiday, including both flight and accommodation, in the UK.
Examples of cases where you may be able to claim for a holiday accident, injury or illness include:-
- Contracting food poisoning from your hotel restaurant.
- Tripping on a poorly maintained path within the hotel grounds.
- Slipping on a spillage or injuring yourself on broken glass in the hotel or grounds.
- A fall due to defective flooring in a hotel or holiday accommodation.
- An injury from an accident sustained on an organised day trip.
- An injury sustained in a road traffic accident in a holiday coach.
These are just examples of the kinds of accidents or injuries that can be claimed for, you should talk to a specialist personal injury solicitor about your own particular case. Even if your case comes under foreign jurisdiction, you should still get legal advice as you may be able to claim in that country.
How to make a Holiday Accident Claim
The best way to claim holiday accident or illness compensation is to seek the services of a no win no fee lawyer or solicitor. Your solicitor will be able to guide you every step of the way and build your case for you.
To win your compensation claim, you and your solicitor will need to prove that the accident was not your fault, and that it was due to the negligence of the holiday company, hotel or other third party. To enhance your chances of winning your case, you need to have evidence of both your injury or illness and of the incident itself. You should have:-
- Reported your illness, accident or injury to a tour rep, the hotel or travel company.
- Sought medical advice so that there was a medical record of your injury or condition.
- Recorded the accident or incident in an accident book or log, where applicable.
- Collected the contact details of any witnesses.
- Taken photos of the site of the accident.
- Kept any receipts or proof of expenses incurred as a result of the accident.
This evidence will help support your case in court and allow the court to award you the right amount of compensation for your needs and to pay your expenses.
Consult a no win no fee personal injury solicitor as soon as possible after the accident and let them do the hard work of building your case.
