22 Oct What are the best ways to claim compensation after a holiday disaster?
Everyone needs a holiday every once in a while. They enable you to kick back, relax and enjoy new experiences. So, the last thing you want is for things to go wrong. But, unfortunately, that is what happens, every year, to thousands of holidaymakers. Virtually every day, you read about travel firms going bust, people arriving to stay in accommodation that has not yet been built or suffering from food poisoning.
All of these disasters could easily befall any holidaymaker. So, it is important to know how you can claim compensation should it happen to you. Read on and you can find out about the best ways to claim.
Seek compensation alongside other holidaymakers
The best class action lawsuits bring people who have suffered a similar loss or issue together into a group of litigants. So, if you were, for example, staying in a hotel and there was an outbreak of food poisoning you could put together a joint case for compensation. This means that you hire one lawyer to represent all of you.
There are several advantages to doing this. Firstly, in most situations, it enables you to put together a far stronger case. If one person says the hotel food made them ill that is quite hard to prove. It is all too easy for the hotelier to claim that it must have been something that you ate while you were out and about.
However, if 20 or 30 people who were staying in the hotel at the same time as you say that they were ill too, it is far harder for him or her to wriggle out of things. The evidence is far more compelling. In particular, if most of you have sought medical help and can prove that you have.
Probably the biggest problem you face is finding other potential litigants once you have returned home. So, if you can, take some contact details from others who are having the same issues as you.
Use your travel insurance
It is also worth investigating whether your travel insurance company can help you to make a claim. Normally, all it takes is a phone call.
If they say no, ask them to explain why. Read the relevant section of the terms and conditions to double-check what they are saying. If you think they are wrong, stand your ground and say so. You do not necessarily have to seek legal advice to be able to do this, but, it can help.
A lot of people have travel insurance with more than one source. For example, perhaps it is included in their private health insurance policy and with their bank account. So, if one company says you are not covered turn to the other one to see if they can help.
But, be careful, you can only make a single claim for any one incident. Claiming off of both companies is usually not legal. This article nicely explains why that is the case.
If neither of those options works you may have to litigate as an individual. This is not easy to do, especially if you are dealing with a foreign legal system. But, it is viable provided you can find a lawyer that has the right level of experience.