Skip to main content

Having an accident or injury on holiday is stressful for most of us; rightly so, we deserve compensation. But can you get compensation? How do you access compensation? These questions are commonly asked, and we have the answers for you. 


With the help of Smiths Lawyers, we are here to tell you if you can make a compensation claim if you were injured on holiday and how to do this. 


Can You Make A Compensation Claim If Injured On Holiday?


Yes, you can claim compensation if you are injured on holiday. It doesn’t matter if you are on holiday in Australia or another country; you can make a claim if the injury was not your fault. How you make the compensation claim will depend on where you went and if you took out holiday or travel insurance. 


Typically, getting compensation for an injury is easier if you booked a package holiday. This is where your hotel, flights, and transfers from the airport are usually included in the price of your trip. Package holidays come with added layers of protection, and as you book them with one company, it is easier to contact them and get the compensation you deserve. 


It is also easier to claim compensation if you took out travel insurance before your trip. Your insurance provider will act on your behalf, processing the claim and getting you the compensation you deserve for an injury. This could be anything from a sprained ankle to a long hospital stay, where your insurance will cover the cost of medical treatment and award compensation where needed. 


Claiming without insurance can be trickier, and a lawyer might be required. It is still possible, but you will likely need to pay any medical expenses upfront and might be responsible for further legal fees.


To help you learn more about the claim process, we have outlined how you can claim compensation if you travel with or without insurance. 


Making A Compensation Claim With Insurance 


Making a compensation claim when you have travel insurance is quite simple. Travel insurance is usually purchased when booking your holiday or at any point before the trip and will cover you for various accidents or injuries. Travel insurance usually pays any medical bills and covers lost luggage or cancelled flights. 


When you are injured on holiday, contact your travel insurance provider immediately. You must provide them with your insurance policy details and any information about the claim. They can step in immediately, paying for medical bills, like scans, antibiotics, or overnight hospital stays. 


When claiming your insurance, you will need plenty of evidence. Should you want to claim further compensation, you will need proof that the accident was not your fault. This includes a lack of signage (missing wet floor signs), dangerous equipment, poor pool ladders, or anything that caused your accident. You will need a record of any medical attention you received, and you can also claim for any emotional or physiological repercussions of your injury. 


Your insurance provider will take care of the rest and keep you updated on whether compensation will be awarded. 


Making A Compensation Claim Without Insurance


When claiming without insurance, you can contact the hotel, flight provider, or company where the accident occurred directly or hire a lawyer. It is best to seek legal advice to ensure you have a valid claim and have the assistance you need. 


When filing a compensation claim without insurance, you will need most of the same information we listed earlier. You will need proof the injury was not your fault and evidence of medical treatment. In these cases, you will want to claim for the money you spent on medical bills and further compensation, as the injury was not your fault. 


Claiming without insurance can involve some upfront costs, so look out for no-win, no-fee lawyers or those with free consultations to see your chances of a successful claim before parting with more money. 


Final Thoughts


You can claim compensation when injured on holiday, but the process can be long and frustrating, especially when waiting for responses from foreign countries. The case might be taken to court, or your insurance company might have the issue ironed out in days. There is no way to tell, but most lawyers and insurance providers will walk you through the process, keeping you updated and explaining anything you need clarification on. 


You can get the compensation you deserve with a good lawyer!

In Collaboration with Smiths Lawyers