Travel Accidents Overseas: How to know which country you must start your claim for compensation following an injury overseas and when you can start your claim in the UK courts
Whether you have a car accident whilst driving abroad or suffer food poisoning from a restaurant in a foreign country – this page will explain to the independent traveler how to know which country to start a travel accidents overseas compensation claim in; whether it can be commenced in the UK and if not how to contact a compensation lawyer in a foreign country who speaks English.
When are you considered to be an “independent traveler” for the purpose of a travel accident overseas claim?
You are an “independent traveler” if you have made your own travel or holiday arrangements for the whole of your trip or part of your trip or you are taking part in an activity which is arranged independently by yourself despite having travelled abroad on a holiday arranged as part of a package.
In short it is a trip which is not a package holiday – click package holiday claims to see the page I have written explaining when a trip is considered a package holiday and how to claim compensation in the UK courts if you suffer an accident as part of a package.
When can you start a compensation claim following an overseas accident in the UK courts?
There are a number of specific types of accident which, despite occurring abroad, can still lead to a compensation claim being commenced in the UK courts through a specialist solicitor, which include:
1. Road traffic accidents in a European Union country
You might suffer injury in a RTA as a pedestrian hit by a driver, as a passenger in a taxi involved in a collision or driving in your own UK vehicle or hire vehicle when a crash occurs.
If the accident was in Europe then UK citizens can often claim compensation in the United Kingdom.
Click road traffic accident Europe to see the page I have written explaining how to claim compensation if you are involved in a RTA travel accident overseas.
2. Injury on an aircraft
If not part of a package this injury is governed by very specific laws.
Click aircraft accident to see the page I have written explaining how to make a claim if you have suffered an accident on an aircraft
3. Injury on a ship
If not part of a package holiday this type of injury is governed by very specific laws.
Click injury on a ship to ask me an online question about a your ship accident claim.
4. Accidents whilst on a Package holiday
Click package holiday claims to see the page I have written explaining how to claim.
5. Business man abroad
If you are a business man or lady working for a UK company or a company with a branch in the UK and as part of your employment you suffer injury it might be possible to start your claim in the UK courts despite the accident occurring abroad.
6. Criminal Injuries abroad
Criminal injuries compensation will normally depend on the country having some form of criminal injury compensation scheme, but if the country is a member of the EU the CICA in the UK can assist you in making your application.
Click criminal injuries overseas to see the page I have written setting out how to make a claim if you have been the victim of a criminal injury abroad.
Which country should you commence your compensation claim for personal injury following an accident overseas as an independent traveler?
If the type of accident you have suffered is not one of the examples in the earlier paragraph – the general rule is that you are “subject to the law of the land” – which in plain speaking means that you are subject to the country’s laws in which you have your accident and you should start your claim in that country’s courts.
I am in contact with lawyers in foreign countries who speak English and could help you with your claim.
Examples of travel accidents overseas in which you might have to start your claim in a foreign court
1. Slips, trips and fall accidents at an overseas hotel
A slip trip or fall can quite often occur in hotel accommodation – this might be a slip on a wet floor or a trip on a raised flag stone. If you arranged the accommodation yourself, perhaps via the internet, you are considered an independent traveler.
2. Food poisoning in a restaurant whilst on holiday overseas
You might have decided to dine our in a restaurant whilst on holiday and suffered food poisoning. As you have chosen the restaurant, even if your holiday was organised as part of a package, this activity was separate from the package holiday. If the food poisoning occurred in the hotel arranged as part of a package holiday – the package holiday regulations would apply.
Click legionnaires disease in Spain to see an FAQ I have answered in relation to food poisoning abroad.
3. Activity / sport injuries
Sports injuries abroad are very common and include: jet skiing, rock climbing, horse riding, etc.
4. Skiing injury
This is worth mention as a separate type of activity as accidents are common and your injuries could have been caused by another skier colliding with you.
Free online legal help with travel accidents overseas
Click travel accidents overseas to see the free online legal help options my website can offer you with your claim, including having a foreign accident lawyer contact you in person.
Summary of travel accidents overseas page
On this page you have seen which type of overseas accidents allow you start a claim in the UK courts for personal injury compensation and which types of accident you must make your claim in the country where your accident happened
I recommend you click aircraft accident to find out how to claim for aircraft travel accidents overseas.