Accident During a Holiday – How to Claim Compensation and What to Do Step by Step?
Holidays are a time for relaxation, travel and rest. However, unforeseen events such as accidents or injuries can completely change our plans. In such situations, it is important to know that even while on holiday – whether in Poland or abroad – we have the right to claim compensation. In this article, we explain what to do after an accident, which documents to collect and how to effectively pursue the compensation you are entitled to.
Accidents during holidays – the most common cases
The most common accidents during holidays include:
- road traffic accidents (e.g. car collisions or accidents involving tourist buses),
- slips and falls in hotels, restaurants or swimming pools,
- injuries during sports activities (skiing, water sports),
- food poisoning or illnesses caused by negligence on the part of a hotel or travel agency,
- accidents caused by the tour operator – for example, due to inadequate safety measures along a route or with the equipment provided.
Can you claim compensation?
Yes. If the accident occurred through the fault of a third party, such as a hotel, travel agency, carrier, another road user or tour operator, the injured person may be entitled to claim compensation and damages. This applies both to personal injuries (such as injuries and pain) and material losses (for example, damaged luggage).
Compensation under an accident insurance policy for an accident during a holiday
If you had an active personal accident insurance policy (NNW) at the time of the accident, you may be entitled to claim a benefit from your insurer. In such a situation, the insurer’s liability arises directly from the insurance contract and is limited to the scope of the insurance coverage.
Payment of compensation under an accident insurance policy usually depends on the degree of permanent impairment established by a medical assessor. The insurer determines the amount of the benefit by assigning a percentage value to the particular impairment, in accordance with the benefit table included in the General Terms and Conditions of Insurance (GTC). It is worth remembering, however, that accident insurance policies contain numerous exclusions of liability, which may significantly limit the possibility of receiving a benefit.
In practice, insurers often pay lower amounts than those actually due – for example, by assigning an excessively low percentage of permanent impairment or by incorrectly interpreting the provisions of the insurance contract. In such cases, it is worth consulting a specialist. Our law firm effectively represents injured persons in cases involving personal accident insurance policies, helping them obtain the full amount of compensation to which they are entitled.
What to do after an accident – step by step
How you behave immediately after an accident can be crucial when pursuing compensation later. Even seemingly minor oversights – such as failing to obtain medical documentation or failing to report the accident to the relevant authorities – may result in a claim being rejected or its value being significantly reduced. Therefore, below we present the most important steps you should take after an accident during a holiday to protect your rights and increase your chances of obtaining full compensation:
Protecting health and life
- First and foremost, take care of your health – call for medical assistance, go to a hospital or see a doctor. Keep all documents related to your treatment.
Reporting the accident
- Report the accident to the appropriate authorities: the police, municipal police, hotel staff or the tour operator. Ask for an incident report to be prepared.
Collecting evidence
- Take photographs of the accident scene, visible injuries and damaged property. Write down the contact details of any witnesses.
Keeping documents
- Collect all documents confirming the course of treatment, expenses incurred and consequences of the accident (e.g. receipts for medication, medical transport or additional accommodation).
Reporting the incident to the insurer
- If you have travel insurance, contact the insurer and report the claim.
What documents should you collect?
To effectively pursue compensation, it is worth collecting:
- medical documentation (diagnoses, test results and recommendations),
- receipts and invoices related to treatment and other expenses,
- incident reports (from the police, hotel staff or travel agency),
- photographs of the accident scene and injuries,
- witness details,
- insurance confirmations (e.g. claim notification and correspondence with the insurer).
Pursuing compensation – where and how?
- Liability of the hotel or travel agency
If the accident occurred as a result of negligence on the part of the hotel (e.g. a slippery floor without a warning sign) or errors by the tour operator (e.g. lack of proper guide supervision), a claim can be made directly against the responsible company.
- Travel insurance provider
If the injured person has travel insurance, it may be possible to obtain reimbursement for medical treatment, hospitalisation or transportation back to the country of residence.
- Compensation for an accident abroad
When an incident occurs abroad, pursuing compensation may be more complicated. In such cases, it is worth seeking assistance from a specialist law firm. We know how complex and demanding such cases can be, which is why Sagarto provides comprehensive assistance at every stage of the proceedings.
- Road traffic accident perpetrator
In the case of road traffic accidents, compensation can be claimed from the third party liability insurance of the person responsible for the accident, even if that person is a foreign national.
What else should you remember?
- do not hastily sign any settlements without obtaining legal advice – they may limit your rights,
- time matters – in many cases, specific deadlines apply for reporting a claim,
- preserve all communication – keep emails, text messages and messages from the tour operator or hotel.
How can we help you?
Pursuing compensation after an accident during a holiday can be complicated, especially if the incident occurred abroad. Sagarto Law Firm can help you with:
- collecting and analysing documentation,
- assessing the actual value of your claim,
- communicating with the insurer, travel agency, hotels or carriers,
- pursuing your claim through the courts if necessary.
Working with us increases your chances of obtaining full compensation and avoiding formal errors.
An accident during a holiday is a difficult and stressful situation, but it does not have to mean the end of your rights. Proper documentation of the incident, a prompt response and assistance from specialists can help you effectively pursue the compensation you are entitled to. Remember – as an injured person, you have the right to seek compensation for the losses and harm you have suffered. If you or your loved ones need help obtaining compensation after an accident during a holiday, contact our law firm. We will analyse your case or the case of your loved ones and protect your interests.