France Holiday Accident Claims Guide – How To Claim Compensation For A Personal Injury In France?

What Should You Do If You Have An Accident On Holiday In France?

Holiday Accident Claims

 

France HolidayFrance is a popular destination for holidaymakers as it is considered a safe country to visit and caters for a variety of different holiday preferences, whether you want to go skiing in the Alps, soak up the sun on the beach in the South, visit the beautiful and scenic countryside and vineyards or enjoy the hustle and bustle of Paris, France has it all.

When planning your holiday, the last thing on your mind will be the thought that you may be involved in an accident or become ill whilst away, but unfortunately, for a minority, this is indeed what happens. If you sustain an injury or become ill, and it was caused by someone else, you could be eligible to make a compensation claim. But for those who have never been involved with making a personal injury claim before, it can be a very daunting prospect. You will for sure have many questions such as, where do you begin with a compensation claim? What steps do you need to take? Do you even have a valid claim? What sort of evidence do you need? And so on. This is why this guide has been produced, as you read through it, many of your questions will be answered so that you will then have a clearer understanding of how to claim injury compensation in France.

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A guide to personal injury claims for illnesses or accidents on holiday in France

Have you had an accident in France? If the answer is yes, there’s a possibility that you could be entitled to make a compensation claim if someone else was to blame. Before embarking on filing a compensation claim however, you need to consider whether or not the following statements are true, as in general, they need to be true in order to make a successful claim:

  • You can prove that the accident or incident was down to somebody else’s negligence.
  • You needed to seek medical assistance for your injury or illness and did so.
  • The accident or incident that caused your injury or illness is within the personal injury claims time limit. In general, the time limit for a personal injury claim is 3 years, but this can vary depending on the circumstances.

If you believe these statements are true, it is very likely that you have a valid cause to make a claim for your accident on holiday in France.

As you read through the guide, you will find out lots of information about the different types of claims you can make such as skiing accident claims, food poisoning and food allergy claims, motorcycle accident claims and other road traffic accident claims and many more. The guide looks at what you should do in the event of an accident, what items you can include in your claim, healthcare for tourists in France and how to see a doctor in France, how much compensation you may get and much, much more.

Making a claim for an accident on holiday in France can be complex and is rarely ever straightforward and so by using this guide to gain the basic knowledge on conducting personal injury claims, it will help to lessen the worry and stress you may be feeling at this moment in time.

Holiday Accident Claims

 

Getting sick or being injured when on holiday in France

Personal injury’ is a term used for a whole spectrum of different types of injuries that range from minor to very severe. These injuries can be caused by many different reasons that are often written off as simply ‘just an accident’ when in fact, they were caused by an accident that could’ve been prevented had it not been for someone else’s negligence, entitling the victim to possibly make a claim for compensation. A personal injury can be any of the following:

  • A physical injury,
  • An illness,
  • A disease,
  • A psychological trauma, injury or illness.

Personal injury claims can be made for an injury or illness caused by many different reasons. Some examples of accidents or incidents a personal injury claim France can be made are:

  • If you tripped or slipped over and fell resulting in an injury because of something on the floor in your hotel that was not either accurately signposted or shouldn’t even have been there, you would have a cause to claim compensation.
  • If you suffered a traumatic event whilst on holiday in France which resulted in psychological issues such as anxiety or panic attacks, for example, this would be classed as a personal injury.
  • If you were injured after buying a faulty item from a store in France whilst on holiday.
  • If the health and safety and hygiene standards at a restaurant in France were lacking, resulting in you becoming ill due to food poisoning.
  • If you suffered an injury because of a road traffic accident that was caused by someone else such as a driver, passenger or pedestrian.
  • If you sustained an injury due to faulty hired skiing equipment being supplied to you to use.

There are many scenarios whereby you could suffer a personal injury whilst on holiday in France. Many people tend to seek the help and advice of a personal injury lawyer in order to determine if their personal injury can be claimed for.

Who could be responsible for the personal injury, accident or illness you suffered?

To ensure your travel claims in France have the best chance of success, it is essential that you can prove who was responsible for your accident. Depending on the circumstances of your accident or illness, different people, businesses or organisations could be responsible for your accident. For example, if you tripped and fell down the stairs in your hotel because of loose floor coverings at the top of the stairs or poor lighting, the hotel will be responsible as they were negligent with their duty of care to you as their customer, to provide a safe environment. Or, if you became injured when embarking or disembarking a boat whilst on an excursion, the company you booked the trip with would be responsible.

As long you can prove that your accident occurred due to another person’s negligence, you would have a valid claim. Without proof, it is unlikely that your claim would be successful. Hiring a personal injury solicitor to help with determining who is liable is beneficial as they will know all of the legalities involved.

What should tourists do if sick or hurt on holiday in France?

If you have an accident on holiday in France, there are steps you can take which will provide crucial evidence that can support your claim and help to clearly prove who was responsible for causing you to be injured. If you hire the services of a personal injury solicitor to help file your claim, they will be able to help you with this, but it helps you to know yourself so that you can start to take these steps as soon as possible.

  • Medical Report – The first thing to do is to see a medical professional to have your injury assessed and treated. A medical report will be made which will state your diagnosis, recommended treatment, future treatments and prognosis. One of the main influences on your final award amount is the type of injury you have sustained, its severity and the impact it has had on your life, and so a medical report is a vital piece of evidence.
  • Witnesses – Was there anyone who witnessed your accident? If so, take down their contact details so that you can obtain a witness statement from them. Witness statements really help to strengthen your case as they will back up your version of events, helping to prove the defendants’ liability.
  • Photos – If at all possible, take photos of the scene of your accident and try to show the reason why the accident occurred if applicable. For example, if you slipped over in the hotel due to a spillage on the floor, take a photo showing the floor with the spillage. Also, take photos of your injury to show proof of your suffering.
  • Expenses – Keep receipts as evidence of any expenses you have incurred directly due to your injury.
  • Loss of income – Keep a record of any income you have lost, or future income you will lose because of your injury.

Just by following these simple steps, you will have already gathered lots of evidence in support of your claim.

A few other steps that you will need to take involve informing your travel insurance company, informing your travel agent who is providing your holiday, this is particularly important if it was booked as a package holiday, and also, if you were injured in a road accident, you will need to inform the Police, make sure to ask for a copy of the incident report number.

Where can I get help in France?

There are a few organisations you can seek help from if you are injured or become ill whilst on holiday in France. The first places to contact are:

  • Your package holiday agent or travel company.
  • The French healthcare organisation.
  • Your travel insurance company.
  • The British Embassy (contact details below in the guide).

How the British Embassy in France could help you

If you are injured or become sick whilst in France and need to be hospitalised, a representative of the British Embassy in France will contact you within 24 hours. They will then contact your travel insurance company on your behalf and will also inform your family about what has happened to you and your whereabouts.

The British Embassy in France contact details are as follows:

British Embassy Paris
35, Rue de Faubourg St Honore`
Paris Cedex 08
75383 Paris
France
Telephone: +33 (0) 1 44 51 31 00
Website: www.gov.uk/world/organisations/british-embassy-paris

It is also worth looking at the following website for further help and advice:

www.gov.uk/foreign-travel-advice/france

Why is it important to have travel insurance if you suffer a personal injury?

As both the UK and France are currently part of the EU, you can use a European Health Insurance Card (EHIC) to access healthcare in France just as if you were a local. If you don’t already have one, you can apply for one free of charge from the UK government website. However, although having an EHIC is a good idea and gets you access to healthcare, it does not by any means replace the necessity of having travel health insurance in place. EHIC only covers certain medical care but does not cover things like on-going out-patient treatment, or medical care whilst returning to the UK for example. If were injured whilst in France and only had an EHIC, you could find yourself with astronomical medical bills depending on your injury if you do not have proper travel insurance in place.

Top French holiday destinations for British visitors

Many parts of France are popular with UK tourists and offer a range of different types of holidays such as skiing, beach, countryside and city breaks. Some of the most popular destinations within France include:

  • Paris – The capital of France with the Le Louvre, the Eiffel Tower, Arc de Triumph and Notre Dame, is very popular. There are lots of lovely bistros, patisseries and cafes to visit and plenty of shops to go browsing.
  • Corsica – This is a laid back French island. Bastia is the port city which welcomes holidaymakers off of the ferry. You can take a train journey through the mountains to a beautiful beach and there are lots of walking trails to follow.
  • Nice – Nice has lots of boutiques and restaurants and a number of pebbled beaches. For a picturesque view of the bay and Bay of Angels, you can walk up castle hill.
  • Lyon – This city is great for those interested in the historical Roman amphitheatres, cobbled streets and antique markets. Lyon also hosts vibrant music and theatre festivals and has a number of interesting museums.
  • Chamonix – In 1924, the winter Olympics were hosted here. The main sites are Western Europe’s tallest mountain, Mont Blanc, and the many ski resorts. The James Bond film ‘The World is not Enough.’ featuring Pierce Brosnan was filmed at Chamonix.

Statistics for 2014 show that the highest number of overnight stays spend in France are by visitors from these countries:

RankCountryNumber of overnight stays
1Germnay86 million
2UK79 million
3Belgium59 million
4Netherlands43 million
5Italy42 million
6Spain34 million
7Switzerland33 million
8USA27 million
9Portugal12 million
10Canda11 million

Common illnesses people can get on holiday in France

There are a number of illnesses that you can get when on holiday in France, some more common than others. Some of the more common illnesses include:

  • Tick-Borne Encephalitis – Spread mainly through bites from a tick that’s infected. Occurs more often in the summer months in grassy areas and forests. Campers and hikers tend to be more at risk.
  • Salmonella – This is a bacterium that is harmful and can cause problems in the digestive system and sometimes in severe cases, health problems may continue for some while after the initial illness. Salmonella is most commonly caught due to food poisoning and poor hygiene. The symptoms are vomiting, diarrhoea, Bloody stools, fever, rash, headaches and lethargy.
  • E. Coli – This is a type of bacteria that has various strains. Some strains live in many people’s digestive system harmlessly, but there are some strains that are harmful to our health and can cause kidney failure if left untreated due to a deadly toxin they realise in our gut. The symptoms of E-Coli are much the same as with salmonella with stomach cramps also. E- Coli is spread by consuming contaminated water, undercooked meats and unpasteurised milk.

Food poisoning/food allergies when on holiday in France

Food poisoning is probably the most common illness to be contracted when people go on holiday in general. Although for the majority of people, symptoms may go after a day or two and the sufferer will return to normal health, but for a minority of people, the symptoms can be severe resulting in on-going health problems long after the first symptoms have disappeared. Food poisoning can also, thankfully rarely, end in fatality.

Warmer climates such as in the South of France tend to be the more common areas where food poisoning can occur, often due to improper storage of food, and insects being around buffet foods which are regularly used for mealtimes at all-inclusive holiday resorts.

Reasons for food poisoning include:

  • Incorrect temperature for the storage of food. If certain foods are allowed to become warm, bacteria can grow rapidly.
  • Unhygienic practices – Practising good hygiene is essential in preventing food poisoning as it lessens the chance of food contamination. For example, E Coli can be spread through food being contaminated by human sewage and animal faeces, and so if someone who works in a restaurant prepares a customer’s food after visiting the toilet without washing their hands thoroughly, they run the risk of contaminating the food with the E Coli bacterium or other harmful bacteria.
  • Uncooked meat, poultry and seafood – Food must be cooked thoroughly to kill off any harmful bacterium in the food.
  • Incorrect storage of food – Incorrectly storing different foods such as uncooked and cooked meats could cause cross contamination.
  • Buffet food that isn’t kept at the correct temperature – Cold food in a buffet should be kept below 5oC, and hot foods above 60oC in order to keep them safe for consumption.
  • Unclean utensils – Dirty utensils can easily increase the chances of bacterium growing and being spread.
  • Improper food preparation.
  • Insects and other wildlife – Insects such as flies can land anywhere, often on animal faeces, road kill and many other unsanitary things. If they can then land on food, any germs and bacteria they have picked up will spread. Buffets are particularly at risk of this.

Food poisoning caused by any of the above could be prevented if health and safety rules and regulations are followed. If restaurant and food outlet owners in France become negligent and you get sick, providing you can prove you became ill after eating at their restaurant, this can be considered for a personal injury claim.

Sickness due to lack of hygiene in a restaurant or hotel

Poor hygiene in restaurants, as mentioned above, can result in food poisoning due to the growth and spread of harmful bacteria.

Lack of hygiene in a hotel can also result in an outbreak of bacteria causing infections. The employer in the hotel should ensure that the housekeeping staff are adequately educated and trained in hygienic practices. If they are not, hotel rooms and public areas throughout the resort can become hotspots for germs and bacteria harmful to health. Some of the most common cleaning mistakes in hotels in France are:

  • Absence or shortage of disinfectant – Some resorts in France may not use cleaning products adequate for the job if using any at all. This can particularly be a problem where swimming pools are concerned as with the lack of chlorine, or an insufficient amount of chlorine added to the water, bacteria such as E –Coli can easily spread.
  • Not doing the job properly for speed – The cleaning staff in hotels are often under pressure to get their job done in a certain amount of time. This may mean that they cut corners by not doing certain cleaning duties as regularly as they should to save time. This can then lead to areas becoming dirty and bacteria and germ-ridden.

How to deal with a car crash or accidents on the road in France

Many tourists travel on the roads each year so it is not uncommon for them to be involved in a road traffic accident. For British tourists, driving in France can be a bit confusing as they are having to drive on the opposite side of the road to what they are used to and some of the road signs differ slightly to our own. Many tourists choose to hire a vehicle once they have reached their holiday destination to be able to get around whilst on holiday, and some travel through France, often towing a caravan or trailer to get to their resting area. However, even though considering the differences you may face on the roads as a tourist, if you are involved in an accident on the roads, sometimes it is someone else’s fault, and in this case, you would be able to make a claim for compensation.

If you are the victim of a road traffic accident that was not your fault, you should take the following steps:

  • Call the emergency services on 112 to inform the police and to request an ambulance if necessary.
  • Seek medical attention for your injury.
  • Take photographs of the scene which will help to show how the accident occurred, and of your injuries.
  • Take down the details of the offending driver and their vehicle. The details should include the name and address and insurance details of the driver and the make and registration number of their vehicle.
  • Get the contact details of any witnesses.
  • If you were driving a hire car or were the passenger in a hire car, you will need to inform the company you have hired it from.
  • Contact your travel insurance company.
  • If applicable, contact your holiday provider.
  • Make sure to keep all receipts of any costs you may have incurred due to this incident.

Although filing a personal injury claim for a road traffic accident in France shouldn’t be any more complicated than in the UK, it may help to get advice from an experienced personal injury solicitor so that the claim is conducted effectively.

Injuries caused by poor maintenance in a hotel

The hotel you are staying in has a duty of care to all visitors to its premises, to provide safe conditions so as to minimise any chances of someone sustaining an injury. In order to do this, they should ensure that all areas of the hotel are regularly maintained, such as fixing or replacing any damaged or broken items, keeping decorations and floor coverings in a good, safe condition, regularly checking all electric sockets, appliances and equipment, and so on. If the hotel become negligent in their responsibilities to provide a safe environment and you become injured, you will be entitled to make a personal injury claim against them.

How to avoid accidents and what to do if injured when skiing or snowboarding in France

When participating in winter sports such as skiing and snowboarding whilst in France, extra care needs to be taken as the risk of injury is higher due to the nature of the sports. Compensation for serious injuries following a skiing accident in France can be claimed if you sustain these injuries due to the negligence of someone else.

Injuries sustained in a skiing accident, due to the speed you may be travelling at, can be serious and certainly for these types of holidays, having travel insurance is essential.

When staying at a ski resort, you need to make sure that they are fully accredited and have the correct insurances in place. Equipment for hire in the resorts, as well as ski lifts and other ski equipment, needs to be regularly maintained to ensure they are in safe usable conditions. The different slope levels should also be correctly signposted to ensure that people are going to go down the recommended slope for their level of expertise. If a beginner was to go down a route that is for advanced skiers for example, due to poor direction and information signs or lack of signs, they risk suffering severe injury to themselves and others, and would be entitled to claim compensation if this was the case. Or, if someone suffered an injury due to faulty equipment, they could sue for damages due to negligence.

If you suffer an injury whilst skiing or snowboarding in France, although some injuries can be minor, it is possible you may sustain a serious injury.

  • Seek medical care.
  • Report the accident to the ski resort and make sure it is logged.
  • Contact your travel insurance provider.
  • Contact your holiday package provider.
  • Take photographic evidence if possible of the scene of the accident, of any faulty equipment, of the lack of, or insufficient sign posting, or anything else that caused the accident. Also, take photos of your injury.
  • Take down contact details of witnesses.

What are the most common holiday accidents in France?

Accidents can happen anywhere whilst on holiday in France, but the most common are due to the following:

  • Slip, trip and fall accidents in the hotel or a restaurant.
  • Balcony accidents.
  • Falling down stairs.
  • Road accidents.
  • Carbon Monoxide poisoning.
  • Swimming pool accidents.
  • Slips in the shower.
  • Faulty lifts.
  • Fire in the hotel.
  • Burns from food and drink that is too hot to consume.
  • Food poisoning.

Regardless of the type of accident you may have had, if it was someone else’s fault and it can be proven, you will have the grounds to make a claim for your accident on holiday in France.

Is my holiday protected under the Package Travel Regulations?

All UK Package deals are protected under The Package Travel, Package Holiday, and Package Tour Regulations 1992. Your holiday is classed as a package holiday if:

  • You were supplied with an ATOL Certificate when you booked your package holiday by your travel operator.
  • Your holiday includes the accommodation, flights / travel arrangements, and meals as a single priced booking.

How to make a personal injury claim for an accident on holiday in France

Although making a compensation claim can’t change what has happened to you, or make your injury better, it can provide financial assistance whilst you recover, and cover the expenses you may have incurred as a result of being injured. Also, the money awarded can provide financial protection from any lost income, or future loss of income that was caused by you becoming injured. For some people, it can also be a means of closure on the incident, allowing them to stop questioning themselves on if they were to blame or could’ve done anything differently to have prevented it, and to move on with their life.

In order to conduct your claim properly and give it the best chance of being successful, hiring legal help is paramount. When looking for a personal injury lawyer, you may want to consider the following in order to hire the right one for you:

  • Experience – Ideally, you want to hire someone who has a great deal of experience in the industry of personal injury claims, and particularly in dealing with travel claims in France so that nothing is missed that could be important in strengthening your case.
  • Costs of legal fees – Before starting your claim, you need to consider the financial aspect of hiring legal help. Professional legal fees can be high and compensation claims can sometimes take a few months, and in very complex cases, years to come to completion without any guarantee of winning at the end. You need to investigate how much you could be charged and what payment structure you may be offered to make sure you can afford the payments should you not be successful. The best and most affordable way of hiring legal help is to go for an experienced solicitor that offers a no win no fee With this type of agreement, there are no upfront costs or costs during the claims process. The fees are only paid after completion and only if the case was successful. With no win no fee, there is no risk to your finances.
  • Success Rate – Obviously it’s a good idea to pick a solicitor that has had many successful cases as this is proof in itself that they know what they’re doing and are more likely to secure compensation for you as well.
  • Customer Reviews – Reading customer reviews will give you a true and unbiased overview of the services the solicitor provides to make sure they are as good as they claim to be.

How much could my French holiday accident personal injury claim be worth?

The compensation final settlement amount is based on two categories, General Damages and Special Damages.

General damages represent the physical part of the claim. This is where having a medical record is really important as the type of injury and severity greatly influence this part of the claim. Generally, injuries that are more severe and have a greater impact on lifestyle and well-being will attract higher compensation amounts.

Special Damages represent the financial aspect of the claim covering any financial expenses and losses that are directly the result of the injury.

Compensation claim amounts are based on the latest judicial college guidelines which are regularly updated.

Where can I find out more about accidents on holiday in France?

The links below will take you to websites that offer further information and advice reading accidents on holiday whilst in France.

NHS – Healthcare in France guide

This is a useful guide from the NHS for sustaining injuries in France.

France travel advice

Find the latest up to date travel information for France on this government website.

Legal Expert France holiday claims guide

Here you will find lots of helpful information on compensation claims for accidents and illnesses when on holiday in France.

Holiday Accident Claims