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Holiday Illness Complaint

Over £15,000 compensation awarded to holidaymaker after road traffic accident in Spain

26th June 2017


Utilising experts in foreign laws and standards, we recently helped a holidaymaker to claim over £15,000 in compensation after they suffered injuries to their back when their hire vehicle was hit by a coach while they were on holiday in Spain.

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Coach and hire car involved in accident

Our client advised us that they were in a hire car in Spain when they approached a roundabout. Understandably they slowed down before manoeuvring, but unfortunately, the coach behind them did not, resulting in a collision.

Following the accident, our client, who at the time was sensibly wearing a seatbelt, advised us that they suffered from pain in their neck, shoulders and lower back, and as time went on they continued to be in pain, resulting in everyday tasks that required lifting their arms over their head to become very difficult.

After seeing a medical expert, it was noted that our client had damaged their trapezius muscles, which stretches from the neck, across the shoulders and down to the middle of the back. Damage of this kind understandably made movement very uncomfortable.

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€17,977.96 (£15,044.11) foreign RTA compensation

Following the accident our client contacted us, and following representation that required an in-depth understanding of foreign laws and standards, they were awarded €17,977.96 (£15,044.11) in compensation.

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Why you need a travel law specialist

Foreign road traffic accidents (RTAs) require a different approach to holiday illness claims and even RTAs that occur in the UK. Holiday illness claims that are made under The Package Travel Regulations 1992 utilise British laws because the package holiday was sold in the UK, but foreign RTA claims are assessed not only on the standards of the country in which they occur, but also the local law in terms of the potential value of the claims.

This means that we needed to ensure that we utilised Spanish experts, to ensure that the nuances of the local laws and standards are understood and our client is represented fairly and receives the compensation that they're entitled to.

Foreign RTA laws and standards

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How long do I have to make a claim?

Because foreign RTA claims are subject to the standards of whatever country the accident occurred in, they are also subject to differing time limits, also referred to as limitations. For claims of this nature in Spain, you usually only have one year after the date of the accident to make a claim, so it's advisable to speak to a travel law specialist as soon as possible if you were injured and feel that you may be entitled to compensation.

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What to do if you're involved in an accident abroad

If you have been involved in a foreign RTA, regardless of whether you're the driver or the passenger, it's important to gather as much information at the time of the incident.

This can include taking pictures of the damage sustained by the vehicles involved, exchanging important information such as the names of those involved, vehicle registration and details such as the make, model, colour and condition of the vehicle, as well as swapping insurance details when applicable.

It's also advisable to check to see if anyone else was injured, as knowing whether someone was hurt at the time of the accident could make a difference to your claim.

If you or anyone you know has been injured, it's vital that you receive medical assistance at the earliest opportunity. Some injuries can seem mild when they first occur, but left unchecked; they can cause long-term problems that could impact your quality of life.

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Find out if you can claim compensation

If you've been injured abroad in a road traffic accident, you could be entitled to claim compensation. It only takes a few minutes to find out if you're able to make a claim; just call a member of our travel law team and we'll provide you with a free no-obligation consultation, during which we can assess your case and advise you of the best method to pursue compensation.

If you instruct us to represent you, we can do so on a 'no win no fee' basis, meaning that you can rest assured that we'll do all that we can to obtain the compensation that you're entitled to.

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Contact us for free no-obligation holiday illness advice

If you would like to find out more about claiming compensation for an injury caused by a foreign road traffic accident, whether you were the driver or a passenger; contact us by calling 0808 145 1353 or complete our enquiry form and we will call you back.