Sun, Sand, Sea and….Slips
On a recent holiday to Crete, I was surprised to see how many people were hobbling around the hotel on crutches with bandaged lower limbs and these unfortunate holidaymakers got me thinking: what steps should an injured person or their family take following an accident abroad to maximise their chances of recovering compensation.
So if you have an accident at your hotel, keep the following in mind:
Take lots of photos
Always take photos (or video) of what caused your accident and the area in general. The sooner after the accident, you can do this the better. If your accident was caused by something like a leaking pipe and the problem keeps happening on subsequent days, take additional photos.
Report the accident as soon as possible
The accident should be reported ideally to the hotel itself and the tour operator representative (if there is one). Make a note of who you report the accident to and ask for a copy of the report or the reference number and the procedure for obtaining a copy. The hotel may be reluctant to provide a copy of the report but the tour operator should definitely be able to provide a copy of the report you make to the Rep.
Get details of witnesses
If someone witnessed your accident, ask for their details and check that they do not mind being contacted. Also, if you speak to other holidaymakers and they have witnessed something relevant happening at the hotel get their details too. For example, they might have seen someone else have a similar accident or reported a similar hazard to that which caused your accident to a member of staff and nothing was done about it.
Keep all documentation
If you have to pay for any medical treatment, keep the receipt. You can likely claim this back from your insurance depending on the amount less your policy excess. Also keep receipts for any prescribed or over the counter medicines you buy, the cost of a ‘Fit to Fly’ certificate if applicable and any taxi journeys you have to take to obtain medical treatment. If the Rep asks for these request that they take photos or photocopies of them instead and if this is not possible ensure that you take clear photos of everything you hand over and ensure these are kept safe.
Be careful what you accept
Nobody wants accidents to happen, and the tour operator or hotel may offer you a room upgrade, a free meal or similar by way of an apology. If this happens whilst it is alright to accept make it clear that this is in no way considered as compensation for the accident.
A warning!
In the vast majority of cases where you have an accident at your hotel the Defendant will be the tour operator you booked your holiday with who in turn will probably seek a contribution from the hotel. Therefore, be careful what information you hand over or permit to be handed over to either. For example, if you see the ‘Hotel Doctor’ as a result of the injuries you suffer, either at the hotel or at their clinic/hospital, there will be likely be a section on the form they ask you to complete that says that the medical records following your visit can be sent to the hotel. We advise you do not to agree to this.
And finally
On your return instruct solicitors with expertise in these types of claims. The personal injury team at Davis Woolfe has many years of combined experience in dealing with these claims and securing successful outcomes for our clients.