Last Updated 9th December 2025. Accident abroad compensation can be sought if another party was at fault for your injuries.Knowing how to claim when dealing with different holiday companies, and potentially other countries, can be tricky, so we’ve put together this guidance to try and make the process as simple as possible.
Key details that influence what compensation you could be entitled to include the seriousness of your injuries, any lost income and the ongoing impacts to your daily life. Our advisors can provide free legal advice in addition to a no-obligation eligibility assessment.
Typical Questions About Holiday Accident Claims
- What are the common causes of accident abroad claims? Your accommodation may be untidy, serve food that has not been cooked properly or fail to put up warning signs for obstructions.
- Can I claim injury abroad compensation for an incident that occurred during an activity? Yes, if the activity was booked as part of your holiday package, you may have been owed certain protections.
- What can injury abroad compensation include? You can claim for the suffering and pain caused by the injury. If you are able to prove any resulting financial losses, you can also recover these.
- Could I still claim if I didn’t book through a package provided? Yes, you may still be able to claim, but you may be subject to the laws of the country where you suffered your accident.
- How can a personal injury solicitor help me? They will provide expert guidance and advice with the aim of making the process more straightforward. For example, they can handle all correspondence with the defendant on your behalf.
Don’t hesitate to reach out to our enquiries team for more details.
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Could I Claim Accident Abroad Compensation?
If you have been injured in an accident abroad, you could claim compensation. In this guide we are specifically looking at instances relating to package holiday accidents. Whilst it may be possible to claim if you were injured abroad on a self-booked holiday, you would do so under that country’s legal system.
In order to make a package holiday accident claim, you must show that the package holiday provider was responsible for your accident. The Package Travel and Linked Travel Arrangements Regulations 2018 confer a duty of care on tour operators.
Their duty of care may cover transport and flights booked as part of your package and your hotel. If you pre-booked an excursion or activity as part of the package, your tour operator may have a duty to ensure your safety whilst participating.
In general, you could claim accident abroad compensation if you can show that;
- A package holiday operator owed you a duty of care.
- That this party has acted in a way that breached this duty.
- That you were harmed or injured due to actions or inactions on the part of the holiday tour operator.
Learn more about the holiday accident claims eligibility criteria, by contacting one of our advisors.
What Types Of Accidents Abroad Could I Claim For?
The circumstances of your holiday accident and the injuries you suffer will be unique to you.
Below, we look at some examples of the types of holiday accidents abroad you could claim compensation for.
- Hotels and resorts may have large outside grounds with pathways and outdoor leisure areas. If they have failed to either repair or cordon off broken or damaged paving, you could suffer a slip, trip or fall.
- Inside your hotel, trip hazards such as loose carpet could cause you to trip and fall over.
- Inadequate lighting on a stairway could cause you to trip and fall down a staircase.
- Food poisoning in hotel bars and restaurants.
- Accidents during excursions such as watersports, quadbiking or cycling.
- Injuries sustained while skiing such as due to faulty equipment or inadequate signage warning of hazards.
There are many other ways in which you could be injured in an accident abroad. Wet flooring, poorly managed and maintained facilities and excursions could all be hazardous.
What If I Was Injured On A Plane Or Cruise Ship?
If you were injured on a plane or a cruise ship, then the operator can be sued. The following international treaties will apply:
- The Athens Convention established liability for the carrier for any damage or loss suffered by passengers.
- The Montreal Convention established similar rules for airlines, enabling passengers to seek compensation for injuries, loss or damage to baggage or even fatalities from the airline.
Under both treaties, you will have 2 years to claim for any injury or fatality.
If we have not listed your accident above, don’t worry. You may still be able to claim compensation. For help with your accident abroad claim, please speak to one of our advisors. They can discuss whether you could be eligible to make a claim for accident abroad compensation.
How Do I Claim Accident Abroad Compensation?
One of the most important steps you can take is to ensure that you provide ample evidence to prove liability for the injuries sustained during the personal injury claims process.
Steps you could take to collect supporting evidence may include;
- Reporting the accident to the hotel (or other party), your holiday representative and tour operator. You should request a copy of any accident report which is recorded. Informing tour operator, as in many cases the claim will be made against them.
- Keep the details of the holiday representative you first reported the accident to.
- Get any medical care you require. This ensures your health is taken care of. You may request copies of medical records showing your injury and treatment provided. You should also keep the details of the facility you were treated at.
- If possible, take photographs which show the scene of the accident, what caused it (such as broken paving) and of your injury.
- Ask for the contact details of anyone who witnessed the accident take place. If possible, they can give a statement later in the personal injury claims process. It doesn’t matter if the person is based in Canada, for example, they can still help with your accident claim.
- Keep a record of any financial impact the accident and injury had on you. This may include additional travel or accommodation, the cost of medical care or other related costs. Receipts and bank statements may be submitted to help recover these costs as part of your accident abroad compensation.
If you were injured on a package holiday in Spain or any other country you may be able to make an accident abroad claim. Contact our team for a free case assessment.
How Long Will A Holiday Accident Claim Take?
How long an accident abroad claim may take to settle will depend on the unique factors around that case. As such, without assessing your circumstances, we can not say how long individual holiday accident claims may take.
Factors which could impact how long a holiday accident claim takes to settle may include;
- The type of accident in which you were injured.
- How seriously you were injured.
- Your prognosis for recovery, including what treatment you have already had and any which you may require.
- Whether the other party admits or disputes their liability for your accident.
- Whether the claim needs to go to court to be resolved.
For an assessment of how long your accident abroad claim could take, please contact our specialist team.
How Long Do I Have To Claim Accident Abroad Compensation?
All package holiday accident claims made in the UK must be started within 3 years of the accident occurring, according to the Limitation Act 1980.
However, if the claimant:
- Is a child under the age of 18.
- Lacks full mental capacity.
Then this time limit is temporarily paused.
While the time limit is paused, someone else can step in as a litigation friend to start the claim on behalf of the claimant. A litigation friend has until the time limit resumes to step in.
The time limit will resume once the claimant:
- Turns 18 (meaning they have until their 21st birthday to start a claim if one hasn’t been made on their behalf already).
- Regains full mental capacity (meaning they have 3 years from the date of their recovery to start a claim if one hasn’t been made on their behalf already).
Additionally, if you are claiming accident abroad compensation following a self-booked holiday, then the time limit to start a claim will depend on the laws of the country you were injured in.
Please contact us to learn more about the time limits in all accident abroad claims, and about how long you may specifically have to claim holiday accident compensation.
Compensation Payouts In Accident Abroad Claims
Your accident abroad compensation settlement may consist of general damages (compensating you for psychological and physical pain and suffering), and special damages (compensating you for your financial losses).
Factors which could influence your holiday accident compensation payout may include;
- How severely you were injured.
- What financial losses this caused.
- What impact the accident and injury have had on your life.
- Any costs or expenses you have had to meet.
Below we have taken figures from the Judicial College Guidelines (JCG) which is used by parties involved in valuing personal injury claims. The JCG provides a list of various illnesses and injuries with guideline compensation values for each.
Please note that the first figure does not come from the JCG.
Examples Of Compensation Payouts
- If you suffered multiple serious injuries and are also awarded special damages, you could claim up to £1,000,000+.
- A head injury causing very severe brain damage involving severe cognitive and physical disabilities could attract an award between £344,150 to £493,000.
- The most serious severe leg injuries that fall short of amputation could be awarded between £117,460 to £165,860.
- Severe back injuries (including disc fractures or lesions) may be awarded from £47,320 to £85,100.
- Severe and disabling elbow injuries could be awarded from £47,810 to £66,920.
Severe hip injuries, such as a fracture to the acetabulum could be awarded from £47,810 to £64,070. - A moderate neck injury (including a dislocation or fracture) which causes immediate and severe symptoms could be awarded from £30,500 to £46,970.
- A moderate injury to the knee, such as torn cartilage or a dislocation could be awarded from £18,110 to £31,960.
- A dislocated shoulder or other serious shoulder injury may be awarded from £15,580 to £23,430.
- Simple fractures of the forearm could be awarded from £8,060 to £23,430.
- Wrist fractures or soft tissue injuries which take more than a year for you to recover from, could be awarded from £7,420 to £12,630.
Next we look at what special damages may be awarded in holiday accident claims.
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Can I Claim For The Long Term Impact Of A Holiday Accident?
Special damages are designed to put you back in the same financial position you were in prior to your accident abroad.
Examples of special damages you could claim for include;
- Travel costs: This may include the cost of travelling to and from medical appointments. In the case of an accident abroad claim, it may also include repatriation costs if you need to get back to the UK for medical care.
- Medical costs: if you are injured abroad, you may have to pay out of pocket for any medical treatment and care you require. Once back in the UK, you could also claim for the cost of any prescription medication you require.
- Lost income and earnings: due to being injured abroad, you may have had to take additional time off work. Any lost income could be included in your claim.
When making compensation claims for accidents abroad, you will need to submit proof such as receipts, invoices and bank statements.
Find out how we could help you to make international personal injury claims for package holidays by contacting our team.
What Is A No Win No Fee Accident Abroad Claim?
If you have had an injury abroad while on a package holiday, our team could help you to make a claim on a No Win No Fee basis.
At Legal Expert our No Win No Fee solicitors could help you to claim. If they think that you have a strong claim, they could offer to provide their legal services under a Conditional Fee Agreement (CFA).
Under a CFA, a solicitor will not ask you to make any upfront payments for their services. You will also not have to pay for their work whilst it is being carried out. In the event that your holiday accident claim isn’t successful, you will not be charged for their work on your case.
Your solicitor will keep a success fee from your accident abroad compensation that has been awarded to you if your claim is successful. This success fee is a percentage that is limited by the law.
Should you have any questions about the accident abroad claim process, please contact our team. Our advisors are ready to handle your claim today.
You can contact an advisor:
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Frequently Asked Questions
Answers to some frequently asked questions about claiming accident abroad compensation have been provided below. For more specific information on claiming for your particular accident, speak to an advisor today.
Do UK Laws Apply If I Was Injured Overseas?
It depends on the specific circumstances. So:
- If you booked a package holiday with a UK operator, then UK regulations typically apply. This means if you suffer injury while on that holiday, you can bring a claim under English law.
- Where you have travelled independently, you’ll likely need to claim under the laws of the respective country you visited. It’s important to seek the necessary legal advice, and be aware of local rules, time limits and other factors.
Do I Need A UK Solicitor To Claim For An Accident?
While it’s not a requirement to use the services of a solicitor to make your claim, it will be beneficial to you. Legal matters are notorious for tricky language, complex rules and strict time limits so having a trained legal professional to help navigate the claims process will only be to your advantage.
What If The Accident Was Partly My Fault?
In cases where an accident was partially your fault, you may still be eligible to claim. This could either be a split liability claim, where you contributed to the accident itself, or a contributory negligence claim, where you contributed to your injuries.
Learn More About Personal Injury Claims
If you have been injured on a holiday abroad, these resources could help you claim compensation.
- Our guide to holiday accident claims in Fuerteventura covers how to claim for a package holiday accident in this resort.
- Learn about holiday injury claims in Antigua and Barbuda and how your compensation could be awarded.
- In this guide we cover holiday accident claims in Florida and how you could claim compensation.
Additional resources.
- Learn more about Statutory Sick Pay in this government guide.
- Find out more about healthcare abroad in this NHS guide.
- This NHS guide also tells you when to call 111.
We appreciate you finding the time to read our guide on making an accident abroad compensation claim. Please contact us for more information on holiday accident claims.