Holiday Accidents and Travel
Posted on 02. Nov, 2009 by admin in General
One of the problem areas of holidaying abroad is that travel is required. Since the UK is an island this means crossing international air-space or waters (or under them), where the law is even more complex and confusing than it is in the UK. This is because there could be a number of companies from many countries involved, and this, coupled with international law, which is different from UK law and normally takes precedence for certain aspects of a claim, leads to a dogs dinner of legislation and high solicitors’ costs.
Because of these complications it is necessary to take out the best insurance possible. Check that you are covered in international zones and in the geographical regions you are visiting. Speedy claiming is always important, and for injuries internationally inflicted it is important to note that the maximum time period to instigate a claim is two years and not three years as in the UK.
They say worse things happen at sea, and for a (personal injury) PI claim this may well be true. The major problem is that international conventions and agreements take precedence over British law. This means that at the very least that you should use a solicitor experienced in international law for holiday claims.
In contrast, and in terms of claim success, an aeroplane is a better place to have an accident, since airlines are under a strict liability to pay compensation. In general this means that they will not contest your claim, unless it is considered excessive. It is a bit like being caught by a speed-camera. There is no defence. Although the court can drop the fine if the feel circumstances dictate it, you are still guilty. One problem is that claims for psychiatric damage are not allowed. Even if you end up institutionalised after some particularly hairy flying. The reasons for these rules are probably due to airline lobbying, since it is unlikely that you will have a minor accident on an aeroplane. They are nearly all major and indeed most are, of course, fatal. It also probable that psychiatric illness acquired on an aeroplane will stem from a predisposition of many people to panic during a turbulent flight.