aircraft accident claim

Aircraft Accident Claim For Personal Injury Suffered Whilst Travelling On A Plane

Find out when you can claim compensation for injuries experienced in an accident whilst travelling on an aircraft both domestically and internationally.

Discover both when UK law can be used and when international law must apply,

Finally, we discuss the time period to claim compensation coupled with the country where your claim can be commenced.

Table of Contents

What are the different types of aircraft accident?

There are three main types of aircraft accident that we set out below.

The Type Of Aircraft Accident Is All Important To Your Claim

THe type of aircraft accident your experience will generally determine who you claim your personal injury compensation from.

1. An injury whilst on a domestic flight

You might be flying on a plane within a UK country. In this instance – if there is any form of injury or accident whilst on the aircraft you would be able to claim against the airline using UK law.

For example, you might be flying from Manchester to London. In this instance the law of England and Wales will generally apply to claim against the airline.

In addition, if your flight was part of a package holiday – you would also be able to claim against the tour operator you booked the holiday with..

2. Aircraft accident on an international flight whilst travelling on a package holiday

As you are traveling on a package holiday you have the right in contract to claim against the tour operator under the package holiday regulations or against the airline direct.

See our package holiday claims article setting out how to make an aircraft accident package holiday claim.

3. Personal injury on an international flight booked by direct (not part of a package)

With this type of flight booked by yourself outside of a package – you cannot rely on UK law to claim for personal injury. Instead, you must rely on international law (known as the Montreal Convention).

What is international travel on an aircraft?

International travel is known technically as international carriage. It is defined as any carriage where there is an agreement between the parties that the place of departure and the final destination are in two different states or countries.

If a passenger contracts direct with an airline – international law, known as the Montreal Convention, and the law of contract applies.

EXAMPLE 1 – Flight From The UK To Spain

A flight from England, UK to Spain is considered international air travel as the place of departure (the UK) is a different country than the destination (Spain)

EXAMPLE 2 – Flight From One End Of Spain To Another Refuelling In Angola

However, if you were to fly from one end of Spain to the next stopping temporarily in Angola for refueling – this would not be considered an international flight as the starting point and ending point of the journey are in Spain.

Even if there are different parts to the flight – each leg can be considered international travel. See example below.

EXAMPLE 3 – Flight From Manchester (England) to New York (US) Stopping At London

You are flying from Manchester in England to New York in the United States stopping at London to change planes.

So long as you bought the ticket as a flight from Manchester to New York – even the leg between Manchester and London is considered international air travel.

Not all countries are part of the Montreal Convention

Unfortunately, not all countries have signed up to the Montreal Convention.

Therefore, if you fly from the UK to a country which has not signed up – it is not considered international travel if it is a one way flight.

However, it is considered international travel if it is a return flight (you are leaving and returning to a country signed up to the Convention).

Protection when flying with a European airline

You will be reassured to learn – if you are flying with a European airline then another piece of European law will effectively apply the Montreal Convention to non-international flights.

aircraft accident passenger injury claim
Aircraft Accident Passenger Injury Claim

What is the Montreal Convention?

The Montreal Convention is international law. When it applies – it takes precedence to conflicting national laws.

It provides for compensation for the following during an international flight:

  1. Personal injury or death to passengers.
  2. Passenger delay and baggage delay or loss

Our flight delay compensation article describes when you can generally claim for flight delays, cancellations, baggage delay and loss.

What must you show under the Montreal Convention to make a claim?

What is known in legal terms as “strict liability” applies to personal injury on an aircraft.

In other words – you do not have to prove that the carrier was at fault only that an accident occurred causing injury or death, wounding or other bodily injury whilst embarking or disembarking or whilst on the aircraft.

Psychological Injury With No Physical Injury

At the time of writing this article – the law seems to suggest that psychological injury without accompanying physical injury will not result in an a successful compensation payment.

For example, a fear of the a plane crash is not sufficient. However – an actual plane crash causing a broken arm and resultant psychological injury can be claimed.

Deep Vein Thrombosis

UK law has decided also that Deep Vein Thrombosis is not an accident for the purpose of the Montreal Convention. Hence – no compensation should be payable for DVT.

The time limitation period to claim compensation for aircraft accident personal injury

This is very important!! The Montreal Convention allows a 2 year period from the date of the accident to claim compensation for personal injury.

In the UK – an accident claim generally must be started within three years from the date of an accident. However, if the accident is on an aircraft, the time period is only two years from the date of the accident.

Which country do you claim compensation in using the Montreal Convention?

As the person who has been injured or has suffered loss – you have the choice to start your claim in either:

  1. The country where the carrier is based; or
  2. In the country where you bought your flight; or
  3. The country where your flight was to end.

For example:

  1. If you are a UK citizen purchasing a flight in the UK – you can make your claim in the UK courts; or
  2. If you are a Spanish citizen flying from the UK to Spain one way and purchasing your ticket in the UK – you can start your claim in Spain (as the point of your final destination).

SUMMARY – Personal Injury In An Aircraft Accident

In summary – you have seen how to claim accident compensation for injuries sustained on an aircraft travelling domestically and internationally.

We offer a number of free help options – by telephone and online if you have been injured in an aircraft accident.

You can not only call direct to ask a question of our solicitors, but also arrange a callback and have your claim assessed online.

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