The Importance of Gathering Evidence After a Travel Accident: A Holidaymaker's Story

Why Collecting Evidence is Vital After a Travel Accident

If you're involved in an accident whilst abroad, taking steps to document what happened as soon as possible is crucial. Waiting too long can make it harder to prove what caused your injury, especially if the hotel or resort quickly repairs the issue, removing any visible evidence.

Under UK law, you may be able to claim compensation from your tour operator if your hotel or accommodation was unsafe. This is covered by the Package Travel Regulations 2018. However, the strength of your claim depends on clear evidence showing exactly how the accident happened and where safety standards were breached.

Gathering evidence straight away can make all the difference because:

• Preserves proof of unsafe conditions: Hazards such as poor lighting, slippery surfaces, or missing safety features could be fixed or altered by the hotel after the incident, removing crucial evidence needed to pursue a claim against them.
• Strengthens your case: Photos, videos, and statements from witnesses help clearly show what went wrong, making it easier to hold the hotel or tour operator accountable.
• Possibly avoids similar accidents: Evidence highlighting safety breaches ensures tour operators and hotels take action, potentially preventing similar incidents in the future.

A Client Example: The Holiday Accident at Eurostars Las Salinas

Our client booked a two-week all-inclusive package holiday with Jet2 for herself and her husband at the 4-star Eurostars Las Salinas Hotel in Caleta de Fuste, Fuerteventura, Spain in December 2021. They were looking forward to a relaxing Christmas break, trusting that the accommodation provided would meet appropriate safety standards. Unfortunately, just two days into their holiday, our client suffered a serious accident at the hotel which changed the rest of their trip completely.

The Accident Circumstances

On the evening of 20 December 2021, our client was walking down a staircase near her room at the hotel, and although the staircase appeared stylish with polished black marble-effect tiles, it quickly became clear that these tiles created a hazardous visual illusion. Due to the poor artificial lighting, it was very difficult to distinguish clearly between individual steps, especially towards the bottom of the staircase.

Because of this optical illusion, our client mistakenly thought she had reached the flat floor at the bottom of the stairs and has unfortunately missed a step, resulting in her falling and suffering a painful ankle injury.

The Crucial Evidence Gathered at the Scene

Knowing how important it was to document the scene, our client and her husband immediately took photos of the staircase and recorded video footage. Their evidence clearly captured:

• The poor visibility due to inadequate lighting.
• The lack of contrast between the steps, making them difficult to see.
• The absence of a handrail on one side of the staircase.

They also reported the accident to hotel management straight away, ensuring there was an official record from the beginning.

Why This Evidence Became Vital

When our Holiday Accident Claims team started work on our client’s behalf, this early-collected evidence became crucial to the case. The photos our client took matched what was later found in independent inspections. An architect later reviewed the staircase and confirmed several safety issues, including missing handrails and a lack of clear step markings

Notably, shortly after the accident, the hotel took action by installing safety strips on the steps and agreed to pay for our client’s medical treatment. These steps acknowledged their previous safety failures. Without the prompt evidence collected by our client, proving these safety breaches could have been much more difficult, potentially weakening her legal claim.

Impact of the Accident and Outcome of the Claim

Medically, our client suffered a significant ankle injury, with ligament and tendon damage, impacting her mobility. She required a mobility scooter and wheelchair throughout her holiday stay, and faced persistent symptoms for months after returning home, which impacted on her much-loved hobby playing golf.

Using the clear and timely evidence provided by our client, alongside expert medical and architectural reports, our Holiday Accident Claims team were able to identify breaches of Spanish standards. Our client’s prompt action significantly strengthened her claim, clearly demonstrating negligence and breach of contractual obligations, and highlighting the importance of hotels following safety rules to protect their guests. As a consequence, we were able to reach an out of court settlement with our client’s tour company who were based in the UK.

What This Case Shows About Acting Fast After an Accident

Our client's experience highlights the crucial role of evidence collection after an accident abroad. This shows exactly why you should always:

• Immediately record conditions through photographs or videos.
• Report the incident to hotel management straight away.
• Seek early medical attention, ensuring detailed documentation.

By gathering clear evidence quickly, you'll protect yourself legally and could even help stop similar accidents happening to other travellers.

What if I Have no Photographs or Evidence?

Ideally, having clear photographs or videos of the location where your accident happened can significantly strengthen your claim but we understand that this isn’t always possible. For example, if you were in an accident and you got seriously injured, if you were alone at the time and didn’t have your phone with you, or if you were simply shocked by what has happened, it might not have been your immediate thought or possibility.

Even if you weren’t able to gather any immediate photographic evidence, there are still important steps you can take:

• Always report the accident straight away and ensure the hotel records it officially. Ask for a written copy of the accident report if possible.
• Check for any CCTV cameras in the area. If the hotel refuses to share the CCTV footage with you, try to take photographs of the camera locations or make a note of where they are. Our Holiday Accident Claims team can then formally request this footage as part of your claim. If the hotel doesn’t provide this footage, the court may view this in your favour.
• Keep all the evidence and communications related to the accident, including WhatsApp messages, emails, text messages, or social media posts. Messages sent around the time of the accident can be critical when comes to supporting your claim. 

Even without direct photographic evidence from the scene of the accident, our experienced team can often still build a strong case.

Time Limits for Making a Travel Accident Claim

If you've been injured during a holiday abroad, it's important to act quickly because strict time limits apply to making compensation claims. These time limits vary depending on how and where your accident occurred. If your holiday was booked as a package through a UK-based tour operator, such as TUI, Jet2, or Virgin Holidays, the Package Travel and Linked Travel Arrangements Regulations 2018 apply. Under these rules, you usually have three years from the date of your accident to make a claim.

However, different rules may apply if your injury happened on a cruise ship or during a flight booked as part of your package holiday:

• Cruise Ship Accidents: Claims involving cruise ships generally fall under the Athens Convention, an international agreement which reduces the time limit for bringing claims. Under this convention, you typically have two years from the date you disembarked the cruise ship to make a claim.
• Airline Accidents: If your injury occurred during a flight as part of your package holiday, your claim will usually be covered by the Montreal Convention. Under these international airline regulations, you should typically bring your claim within two years from the date of the accident.

Time limits in international accident claims are strict, and missing these deadlines can prevent you from receiving the compensation you might be entitled to. Because these timeframes can vary depending on how your holiday was booked, it's important to get legal advice as soon as possible after an accident.

Get Expert Legal Help for Your Holiday Accident Claim

If you sustained an injury on a holiday, it’s important to contact a Holiday Accident Solicitor so that you understand what is possible. We will listen to your situation, ensure you fully understand your options and help you take prompt action to secure the compensation you might be entitled to. The compensation can cover a range of losses, including medical expenses, lost earnings, and the impact on your quality of life after the accident. We understand how stressful it can be to deal with an injury whilst abroad or on a holiday, and we’re here to make the claims process as easy and stress-free as possible.

If you were injured in an accident that wasn’t your fault on either a cruise ship, airline, or a hotel, call our Holiday Accident Claims team today on 0808 149 9561 for a free, no-obligation claim assessment.