Holiday Accidents and Making Claims
by: stickystebee
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For example, many claims can be and often are contested. The result can be a compromise, which means that blame is shared. This means that if you are deemed to be partially at fault you could gain little; although this would depend on the seriousness of your injuries and their effect on your earnings potential. If you are abroad you should report your accident as soon as possible and claim as soon as you get back to the UK. Presuming that you are insured, you should note that most holiday insurance policies require that you inform them within a particular time period, typically within a month of the accident occurring. Note that this time period is different to the three year time limit imposed by UK law for PI claims in general. If it is necessary to claim abroad it will be necessary to be aware of legal time limits, which may be less than the three years allowed in the UK.
Whilst claiming for accidents that occur within the EU can be easier (less difficult!) than claiming in non-EU countries, the same legal principles will apply in general. But care is needed. Back packing in Afghanistan or Somalia without insurance (if you can get it or afford it) would result in great difficulty with a PI claim. This is because the fundamentals of a PI claim rely on being able to find and prosecute the individual who caused the action.
It is also sobering to note that even if you win a PI claim outside the UK, the compensation you receive is likely to be lower, possibly much lower, than in the UK. If possible it is worth trying to obtain UK levels of compensation. In some cases this is possible, following a ruling by the Lords, in the tragic case of Giles Harding, which allows claims against UK-based companies to be at UK levels. Unless of course you live in Scotland. But don't worry, their Lordships' ruling is likely to persuasive in Scottish courts. The legal principle of allowing people to receive sufficient recompense to place them as near as possible to a pre-accident state is principle of justice and fairness behind this ruling.
Article Source: http://www.ArticleStreet.com/profile/stickystebee-6105.html
About the Author
Hollie Wilcox is writing on behalf of www.holidayclaims.com to provide you with the latest information on making claims after an accident on holiday.
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