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Holiday Accident & Illness Claim Checklist – Practical steps you should take

Should you suffer an accident on holiday or an illness at your hotel eg food poisoning there are some practical steps you can take to ensure that once you return home you can claim compensation.

Whilst you are on holiday:

  • If you have a holiday accident or become ill seek medical treatment immediately. Should you become ill abroad it is vital that you drink fluids that will keep you hydrated. Suffering from diarrhoea and vomiting combined with hot weather will lead to dehydration very quickly.
  • Keep all medical notes and receipts relating to your holiday accident or illness that you are given.
  • Take the names and addresses of other holidaymakers who have been affected by illness or may have witnessed your holiday accident – independent witness evidence is very persuasive – a tour operator will not be able to deny there has been a problem at a particular hotel if there are other people complaining.
  • Report your illness or accident to your holiday representative. Make sure that you receive a written report and that it is true and accurate and insist that you are given a copy of the report to keep.
  • Take photographs and/or video recordings of the place where you had your accident or of aspects you were not happy with such as dirty rooms, murky swimming pools, etc. Good visual evidence is very compelling.
  • Check if anything is subsequently altered, eg if the hotel has not been using wet floor warning signs but then does so after a slipping accident. Again take photographs. Your photographs will show clearly the measures that the hotel could have taken before the accident.
  • If you become ill then try to list everything you ate and drank in the 72 hours before you became sick and where you consumed the food and drinks. Bacterial infections such as salmonella have an incubation period and it is likely that your tour operator will try to avoid liability by claiming that.
  • Do not accept offers of compensation made on the spot. Any offer is likely to grossly undervalue your claim and if you accept it you could be deemed to have accepted the payment in full and final settlement of your holiday claim.

On your return from holiday:

  • Consult your GP immediately if you have had an accident abroad or became ill at your hotel. Many holidaymakers' illnesses are misdiagnosed abroad. If you have contracted an infection such as salmonella - cryptosporidium or E-coli you will need proper and urgent medical treatment. Your GP will also have to contact the Environmental Health Department as these conditions must be reported because they are infections that can be spread from person to person.
  • Write to your tour operator straightaway setting out your grievance and allow them 28 days to respond. If you fail to receive a reply then contact ABTA and inform them that you have not received a reply. If your tour operator is an ABTA member they will be in breach of ABTA’s code of conduct if they have not replied.
  • If you are unhappy with the reply you receive then contact experienced Simpson Millar’s Holiday Solicitors.

If you or your family have been affected by illness abroad or a holiday accident and would like to find out more about making a 'no win no fee' Holiday Compensation Claim today speak to a Holiday Claims Advisors today on:

Freephone: 0808 145 1353 or drop us a line using the form above.

Useful Information:

Dated: 07/04/2010

Author:

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