Injured on Holiday Abroad: What to Do and How to Claim Compensation

Injured on holiday abroad: the short answer

You can usually claim if someone else's negligence caused the injury, but the route depends on how the trip was booked and where the accident happened.

• Package holiday from a UK organiser. The organiser is liable for the travel services in the package, even when a foreign hotel or coach company performed them, so the claim can usually be brought in the UK.
• Independent travel. The claim is normally against the business or person at fault, often abroad and often under local law.
• Flights. Injuries on board an international flight, or while embarking or disembarking, fall under the Montreal Convention, with its own liability rules and a two-year time limit.

Injuries caused by medical treatment abroad raise different issues and are covered in our guide to suing a hospital abroad for medical negligence. This article deals with accidents. Not every injury leads to a claim: the question is always whether a hotel, operator, driver or carrier fell short of the standard that applies where it happened.

What to do in the first 48 hours

Get medical treatment first, then call your insurer's emergency line, then collect evidence while it still exists.

The FCDO advises travellers to carry their policy number and the insurer's emergency assistance number and to use its 24-hour helpline for advice on treatment. Many policies expect a call before private treatment or a flight home. Then, as far as your injuries allow:

• Keep every medical record. Ask for copies of notes, scans, prescriptions and discharge papers, and keep the bills.
• Photograph the scene. The wet tiles, broken step, missing handrail or damaged vehicle.
• Take names and contact details of witnesses, staff on duty, the tour representative, the other driver and any police officers.
• Keep the trip paperwork: booking confirmation, invoices, excursion tickets, terms and messages.
• Record your losses: receipts for treatment, medicines, taxis, extra nights and replacement flights, and time off work.

Be careful what you sign. Do not sign a form or settlement offer you do not understand, and never sign a document in a language you cannot read.

Report it to the tour operator, hotel or airline

Report the accident in writing as soon as you can: on a package holiday the law expects you to tell the organiser promptly, and the organiser must help you.

Under regulation 15 of the Package Travel and Linked Travel Arrangements Regulations 2018, a traveller must inform the organiser without undue delay of any lack of conformity they perceive during the trip. Regulation 18 requires the organiser to give appropriate assistance without undue delay to a traveller in difficulty, in particular information on health services, local authorities and consular assistance. It may charge a reasonable fee only where the traveller caused the difficulty intentionally or through negligence.

• tell the tour representative or the organiser's helpline, and ask for the report to be recorded;
• report hotel accidents to management and ask for a copy of their accident report;
• report injuries on a flight to cabin crew and, after landing, to the airline in writing;
• report road accidents to the local police and to your own motor or hire car insurer.

Confirm any spoken report by email so there is a dated record.

Package holiday injury claims against the UK organiser

If you bought a package, the organiser is liable to you for the performance of every travel service in it, whoever actually provided the service.

A package, under regulation 2, is a combination of at least two types of travel service for the same trip: passenger transport, accommodation, vehicle rental and other tourist services such as excursions. It counts as a package if, among other things, the services were bought from a single point of sale, sold at an inclusive price, advertised as a "package", or booked through linked online sites that passed your details on within 24 hours.

Regulation 15 makes the organiser liable for the travel services whether it or other providers perform them, and regulation 16 requires appropriate compensation for damage caused by a lack of conformity. That is why a package holiday injury claim can often be brought in an English court against a UK company, even though the accident happened in a hotel in Crete. Disputes of this kind are everyday work for tourism and travel advisers.

Rule (2018 Regulations)	What it means for an injured traveller
Reg 15: liability for performance	The organiser answers for hotels, transfers and excursions in the package as if it ran them
Reg 16(4): defences	No compensation if the problem is attributable to the traveller, to an unconnected third party and was unforeseeable or unavoidable, or to unavoidable and extraordinary circumstances
Reg 16(5): convention limits	Where a convention limits a provider's liability (for example air carriage), the same limit applies to the organiser
Reg 16(6): contractual caps	No cap for personal injury or damage caused intentionally or negligently; any other cap at least three times the package price
Reg 18: assistance	The organiser must help a traveller in difficulty without undue delay

Liability is not automatic. The traveller must still show that a service was not performed as the contract required, and the organiser can rely on the regulation 16 defences. Evidence of what local safety rules required, and whether the hotel met them, is often decisive.

Independent travel and linked travel arrangements

If you booked the elements separately, there is usually no UK organiser to sue, and a non-package holiday claim lies against whoever was actually at fault.

The 2018 Regulations recognise a middle category, the linked travel arrangement, where a trader facilitates separate bookings with different providers within 24 hours. Regulation 26 requires that trader to provide insolvency protection but does not make it liable for performance: it must tell you that each provider "will be solely responsible" for its own service. If it fails to give that information or protection, package rights can apply, so keep screenshots of the booking journey.

For a purely independent trip, the defendants are the hotel owner, activity company, local transport operator, driver and insurer, or the owner of the premises. Most will be abroad. One consumer rule can help: under section 15E of the Civil Jurisdiction and Judgments Act 1982, a consumer contract includes one with a business that pursues or directs commercial activities in the consumer's part of the UK. A foreign hotel marketing directly to UK customers may therefore be sued in the UK for claims relating to that contract. Contracts of transport are excluded unless they combine travel and accommodation for an inclusive price.

Which country's courts hear the claim after Brexit

For proceedings begun since the Brexit transition period ended, UK courts decide jurisdiction under UK rules, not the EU's Brussels I recast regime.

Regulation 89 of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 revoked the Brussels I recast Regulation in UK law from 31 December 2020. The options now are:

• Sue a UK defendant at home, such as the package organiser or a UK tour company.
• Use the consumer rule in sections 15B to 15E of the 1982 Act against a foreign business that directed its activities to the UK.
• Serve a foreign defendant out of the jurisdiction, which needs the court's permission and a recognised ground.
• Sue where the accident happened, through local lawyers, under local procedure.

The 2005 Hague Choice of Court Convention does not fill the gap: Article 2 excludes agreements with consumers, the carriage of passengers and personal injury claims brought by individuals. Winning in the UK is only half the job if the defendant's assets are abroad; our guide to enforcing a foreign judgment explains the routes, and cross-border disputes specialists can advise on where to sue.

Which country's law applies: Rome II

The general rule is that the law of the country where the injury occurred governs the claim, even if you sue in the UK.

UK courts apply the Rome II Regulation, which continues in UK law. Article 4(1) applies the law of the country where the damage occurs. Article 4(2) substitutes the law of the country where both parties habitually reside, so two UK residents in a collision on a Spanish road may find UK law applies between them. Article 4(3) allows another law where the claim is manifestly more closely connected with a different country.

The governing law reaches well beyond fault. Under Article 15 it covers liability, defences and limits, the assessment of damage, who may claim and the rules of prescription and limitation. In a foreign-law case the heads of loss and the time limit can all be foreign, and foreign law must be proved by expert evidence. Package claims are different: the claim is in contract against a UK business, and booking terms often choose English law.

Car accident abroad claims

After a road accident abroad, the claim is usually against the other driver's insurer, under the law of the country where the collision happened.

Article 18 of Rome II allows an injured person to claim directly against the insurer of the person liable, if the law governing the accident or the insurance contract permits it. Many legal systems do, so in practice the claim goes to the foreign driver's insurer, often through local lawyers. At the scene:

• call the local police where anyone is hurt, and get the report reference;
• photograph number plates, insurance documents, the vehicles and the road layout;
• notify your own motor or hire car insurer, and the hire company;
• as a passenger in a taxi, coach or transfer, identify the operator and its insurer.

A transfer included in a package is a travel service, so the organiser may also be liable under regulation 15.

Injured on a flight: the Montreal Convention

If you were injured on an international flight, or while embarking or disembarking, the airline is liable without proof of fault up to a threshold, and you have two years to sue.

The Convention, set out in Schedule 1B to the Carriage by Air Act 1961, makes the carrier liable under Article 17 if the accident took place on board or during embarking or disembarking. Under Article 21 the carrier cannot exclude or limit liability up to the first-tier threshold; above it, the carrier escapes only by proving the damage was not due to its negligence or was solely due to a third party. Article 20 reduces liability where the passenger's own negligence contributed.

The limits are reviewed every five years under Article 24. According to ICAO, the current figures took effect on 28 December 2024:

Montreal Convention limit	Previous	From 28 December 2024
Death or bodily injury (first tier, Art 21)	128,821 SDRs	151,880 SDRs
Passenger delay	5,346 SDRs	6,303 SDRs
Baggage destruction, loss, damage or delay	1,288 SDRs	1,519 SDRs
Time limit to sue (Art 35)	Two years from arrival, or from when the aircraft ought to have arrived or the carriage stopped

The first tier is not a cap on damages but the level up to which the airline cannot deny liability. Article 33 lets an injured passenger sue in the country of their principal and permanent residence if the carrier operates passenger services there from premises there, as well as in the carrier's home courts or at the destination. The Article 35 period extinguishes the right altogether, so talks with the airline do not stop it running. Aviation lawyers handle these claims regularly.

Holiday accident claim time limits

In England and Wales you generally have three years to start a personal injury claim, but if foreign law governs, its limitation period applies instead, and it may be far shorter.

Under section 11 of the Limitation Act 1980, a personal injury action must be brought within three years of the date the cause of action accrued or, if later, the injured person's date of knowledge. That usually covers a package claim against a UK organiser.

Where Rome II points to foreign law, Article 15(h) applies that law's rules on limitation, including when time starts, stops and restarts. Under the Spanish Civil Code, a negligence claim under Article 1902 prescribes after one year from when the injured person knew of the damage (Article 1968). Article 1973 says prescription is interrupted by court proceedings, an extrajudicial claim or an acknowledgement by the debtor, so a properly made written claim can stop the clock.

Treat the shortest plausible period as the real deadline until a lawyer in the country concerned confirms the position. Advisers in Spain, Greece, Turkey and Portugal can confirm the local rule quickly.

Travel insurance, GHIC and paying for treatment

Travel insurance pays for treatment and repatriation; it is not a substitute for a compensation claim, and a GHIC or EHIC is not a substitute for insurance.

FCDO guidance says a GHIC or EHIC gives access to state-provided, medically necessary healthcare in the EU, Switzerland and some other countries on the same terms as residents, but not private treatment, repatriation or mountain rescue. It also warns that most policies exclude events after excessive alcohol or recreational drugs, and that travelling against FCDO advice may invalidate cover.

Insurance and a claim work together: your insurer pays the hospital and may recover its outlay from whoever was at fault, while your claim covers pain, lost earnings and uninsured costs. Check whether your policy includes legal expenses cover; other funding options are explained in our guide to litigation funding in the UK. Disputes with the insurer itself are work for insurance specialists.

When to instruct a lawyer

If you were injured on holiday abroad and the injury is more than minor, take advice early, and certainly before any foreign time limit could expire.

Advice matters most where the injury is serious or permanent, the trip was independent, a foreign limitation period may be short, a road accident or flight is involved, or parties in several countries may share the blame. You can compare healthcare and personal injury lawyers across more than 150 jurisdictions in the Corporate INTL directory, browse personal injury advisers in the United Kingdom, or find legal translation specialists for foreign medical and police records. If you would like an introduction, use the form below and we will put you in touch with a member. For more, follow our Healthcare & Personal Injury coverage.

Frequently asked questions

What happens if I get injured abroad?

Get treatment, call your travel insurer's emergency line and gather evidence: medical records, photographs, witness details and booking papers. Report the accident in writing to the tour operator, hotel or airline. Whether you can claim depends on who was at fault, how you booked and which country's law applies.

Can I claim if I was injured on a non-package holiday?

Often, but usually against the foreign hotel, activity provider, driver or insurer at fault, under the law where it happened. A UK court may hear the claim if the business directed its activities to UK consumers, but foreign time limits can still apply.

Who is liable on a package holiday?

The organiser that sold the package. Under regulation 15 of the Package Travel Regulations 2018 it is liable for every travel service in the package, including hotels, transfers and excursions run by others, unless a defence applies, such as the traveller's own fault.

How long do I have to make a holiday accident claim?

Three years in England and Wales where English law applies, which usually covers package claims against a UK organiser. Where foreign law governs, its period applies: in Spain a negligence claim prescribes one year from knowledge. Claims for injury on international flights must be brought within two years.

What happens if I have a car accident abroad?

Call the police if anyone is hurt, exchange insurance details, photograph the scene and tell your own insurer. The claim is usually made against the other driver's insurer under local law; Rome II allows a direct claim where the applicable law permits it.

How much compensation can I get for an injury on a flight?

There is no overall cap for bodily injury under the Montreal Convention. Since 28 December 2024 the airline cannot deny liability for damages up to 151,880 SDRs; above that, it escapes only by proving it was not negligent or a third party was solely to blame.

Does a GHIC replace travel insurance?

No. A GHIC or EHIC gives access to medically necessary state healthcare in the EU, Switzerland and some other countries on residents' terms. It does not cover private treatment, repatriation or mountain rescue, which is why the FCDO advises buying travel insurance too.

Can I sue a foreign hotel in the UK courts after Brexit?

Sometimes. The Brussels I recast rules stopped applying in the UK on 31 December 2020, but the consumer rule in the Civil Jurisdiction and Judgments Act 1982 lets you sue here a business that directed its activities to the UK, for claims relating to your contract.

Sources

1. FCDO, Foreign travel insurance (updated 2 August 2024): gov.uk
2. Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634): legislation.gov.uk
3. Civil Jurisdiction and Judgments Act 1982, section 15E: legislation.gov.uk
4. Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, regulation 89: legislation.gov.uk
5. HCCH, Convention of 30 June 2005 on Choice of Court Agreements: hcch.net
6. Regulation (EC) No 864/2007 (Rome II), UK version: legislation.gov.uk
7. Carriage by Air Act 1961, Schedule 1B (Montreal Convention 1999): legislation.gov.uk
8. ICAO, International air travel liability limits set to increase (18 October 2024): icao.int
9. Limitation Act 1980, section 11: legislation.gov.uk
10. Spanish Civil Code (Código Civil), consolidated text: boe.es

About this article

Researched and written by The Corporate INTL Newsroom and checked against the Package Travel Regulations 2018, Rome II, the Civil Jurisdiction and Judgments Act 1982, the Limitation Act 1980, the Montreal Convention, ICAO's 2024 limits revision, the Spanish Civil Code and FCDO guidance. It focuses on the law of England and Wales; Scotland and Northern Ireland have their own limitation rules. This article is general information, not legal advice; for advice on a specific accident, consult a qualified adviser. Last reviewed 3 November 2026. For more analysis like this, visit the Corporate INTL newsroom or subscribe to our newsletter.