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

What Should You Do If You Have Had A Holiday Accident In Germany

Holiday Accident Claims




Holiday accident claims in GermnayIf you have had an accident on holiday in Germany, you may be wondering whether or not you are going to be entitled to compensation. There is nothing worse than suffering an injury or illness while you are supposed to be enjoying yourself, especially if this happens at the beginning of your vacation. However, one consolation is that you may be eligible to compensation which could cover your treatment costs and any other expenses you incurred. This guide provides valuable advice on how to go about filing a personal injury claim in Germany, what evidence would be required and the level of compensation you may receive in a successful claim.

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A Guide To Personal Injury Claims For Holiday Accidents In Germany

This guide provides valuable advice and information on what you must do if you or a loved on is involved in an accident in Germany or if you develop a holiday-related health issue whilst on holiday abroad due to the negligence of a third party.  The guide provides advice on the steps you should take if you are injured while on holiday in Germany and covers some of the more common ailments and injuries you could suffer while abroad. An example being food poisoning due to poor hotel maintenance. On top of this, the guide provides you with an idea of the level of compensation you could receive in a successful personal injury claim and how the amount is calculated.

Being Injured Or Sick On Holiday In Germany

When it comes to making a claim for personal injury compensation, the important element is being able to prove that someone else was responsible for your accident or injury. Should you have an allergic reaction after eating in a restaurant in Germany, if you were not made aware of the allergens in the food, you could be entitled to make a claim. However, if you simply did not read the menu properly or ask the waiter or waitress for advice because the menu was in German, you may not be able to claim compensation.

Who Is To Blame For My Injury Or Illness In Germany?

Establishing responsibility is essential when it comes to any type of accident claim. To make a successful claim, you must  show that someone else was responsible for the incident in question. You must prove they made a mistake or acted negligently which resulted in you being injured.

If you were responsible for the accident in Germany, you may not be able to file a personal injury claim. However, if you believe you were partially responsible, you still may be entitled to compensation but the amount awarded would factor in your level of liability. When it comes to Germany holiday injuries, there are various parties who could be to blame. Examples being as follows:

  • A driver of a vehicle in a road traffic accident
  • The tour operator you booked your holiday through

What Should I Do If Injured, Sick, Or Harmed When On Holiday In Germany

There is no denying the fact that, when it comes to a personal injury case, a solicitor plays an important role in whether you receive compensation or not but this does not mean you can’t play your part. The reason being there are several steps you could take to make sure you give the solicitor sufficient proof and other relevant information so they can build a strong case against a negligent third party. Things you can provide a personal injury solicitor as soon as you can would include the following:

Write down every last detail of the incident – get yourself a notebook and jot down everything that relates to the case. It is important to get as many details as possible. If you don’t make a note of things you could easily end up forgetting something important when filing a personal injury claim

Get contact details –  you must get the contact details of the person who caused the incident. Moreover, if there were any witnesses, you should get their contact details and witness statements

Get medical attention – it does not matter how minor  your injuries may seem to be, it is important to seek medical attention as soon as you can. This is an essential part of any personal injury case. Without a medical report, you may find it more challenging to prove your claim

Make a note of any expenses – injuries can often result in a lot of out of pocket expenses. If you were involved in a car crash you may need to fix any damage to your vehicle and sort out temporary transport. Travel and medical costs can also be included in a personal injury claim and are awarded in special damages providing you are able to produce the relevant receipts

Make your claim as soon as possible – the sooner you make a personal injury claim the better because there is a time limit on all personal injury cases and this can differ depending on the country you visit, the injuries you sustained and the circumstances surrounding the incident. If you leave things to late you can end up missing out on the compensation you may have been entitled to

You should also make sure you get in touch with your travel insurance provider as soon as you can if you are involved in an accident on holiday in Germany.

Holiday Accident Claims

Where Can You Get Help If Sick Or Injured In Germany

If you have been injured while on holiday in Germany, there are a number of different places you can turn to for assistance which includes the following:

  • Your travel company/package holiday company
  • The German healthcare system
  • The travel insurance provider
  • The British Embassy

What To Do If You Need Assistance From A British Embassy Or Consulate

If you have been injured on holiday in Germany, a member of the British Embassy should ensure your friends and family members are aware of what has happened. You can find the contact details below:

British Embassy Berlin
Wilhelmstraße 70/71
10117 Berlin
Telephone +49 (0) 30 204 570

Link to the British Government page on Germany – You’ll find more information here.

Having Travel Insurance Is Important When Traveling Abroad

One thing you should always research before you go on holiday is how you may be able to access healthcare should you fall ill in Germany. Your European Health Insurance Card may be valid while the UK is still in the pre-Brexit stage. However, you should never  rely on your EHIC. This is because it is designed to give you reduced state care and sometimes even free care, but only in specific circumstances. If you do not have travel insurance, you could find yourself in a  sticky situation which is why all travellers need to take out comprehensive travel insurance before going on holiday in Germany.

Popular Tourist Destinations In Germany

Germany is home to a selection of amazing attractions with some of the most popular places British tourists like to visit when they holiday in Germany being Berlin which boasts a wonderful selection of historic sites and museums largely associated with World War II.  Another popular destination is Munich with its world famous Oktoberfest. If you are looking for somewhere that bursts with charm and personality, the walled city of Rothenburg ob der Tauber with its 13th century half tower is definitely worth considering. The town has also   become famous for its stores that sell Christmas items throughout the year.

The graph below provides visitor statistics for Germany:

YearNumber of foreign arrivals

Common Illness People Get When Travelling Abroad

When it comes to common illnesses in Germany, these are much the same as here in the UK. You don’t need specific vaccinations in order to visit Germany. However, there is no harm visiting your doctor a month before your travels to see if there is anything he or she can recommend.

Tourist Food Allergies And Food Poisoning In Germany

In addition to the illnesses that have already been touched upon, there is no denying that food poisoning is one of the most common illnesses suffered by tourists while on holiday both in Germany and elsewhere in the world. You can contract food poisoning in various ways whether it’s from food that has not been stored or prepared properly to under-cooked food,  or food that has been left out on a buffet table for too long. It is also worth pointing out that you may be able to claim for a food allergy if you were not informed of the allergen’s presence in the food you were served. When it comes to pre-packaged food, allergen information should be clearly visible on the label and for food served fresh in restaurants and such like, it should either be on the menu or the waitress or waiter should inform you which dishes contain anything that you could be allergic to.

Illnesses Due To Poor Restaurant Or Hotel Hygiene

You can also make a claim if you have contracted an illness due to poor hygiene at the hotel where you were staying, or at a restaurant where you dined. All establishments have a duty to ensure they maintain high standards and that they comply with health and safety regulations, especially when it comes to hygiene. Unfortunately, not all restaurants and hotels fall in line with this. If you suffer an illness as a consequence, contacting a reputable personal injury firm is advised to find out whether you have a a valid case against a negligent third party.

Rental And Hire Car Accidents In Germany

In Germany, as is the case for most countries, car crashes are, sadly, a daily occurrence. Statistics show there are 4.3 road fatalities per 100,000 inhabitants in Germany every year. There are many different types of crashes and road traffic accidents in Germany and this includes tour bus crashes and hired motorbike accidents. However, the most common injury from a car accident in Europe is typically whiplash.

Have you sustained whiplash from a car crash in Germany? If so, you must see a doctor so they can write a report on the extent of your injuries and so you can be treated accordingly. Needless to say, if you sustained severe whiplash, you would have no choice but to be examined by a medical professional. However, a lot of people only experience a mild case of whiplash, and so a good proportion of people injured decide to cope with the symptoms themselves instead of taking the trip to the hospital. This is definitely not advisable.

One thing a lot of people do not know about whiplash is that symptoms often take a while to develop. It can be a few hours, a few days, or sometimes even longer. Therefore, while you may feel fine after the crash – just a little shaken, there is every chance that you will feel a lot worse a few days later. This is why you are advised to see a medical professional as soon as possible so that your injury can be correctly diagnosed.

Not only are you advised to see a doctor for your health and well-being but also because this is important when it comes to making a personal injury claim. You would struggle to find any solicitor who would take your case if you have not seen a medical professional as soon as possible following an accident in Germany.

Why is it so important to see a doctor? The medical professional you see will put together a medical report detailing the extent of your injuries and how long you would need to recover. The report is used to calculate how much compensation you will get in the way of general damages. Without a medical report, seeking compensation for whiplash would be a lot more challenging and maybe even impossible.

Injuries Caused By Poor Hotel Facility Maintenance

Many people who visit Germany and who are injured due to poor hotel maintenance have successfully filed personal injury claims. There are various ways that an accident could happen which includes the following:

  • You may injure yourself because of broken furniture in your hotel room
  • You may suffer an injury or illness because the swimming pool at your hotel was not correctly maintained
  • You could be injured because hotel gym equipment was not properly maintained or faulty
  • You could slip, trip and fall on an uneven and poorly kept surface

Common Accidents People Have On Holiday Abroad

There are many different types of accidents that can happen while on holiday in Germany. It does not matter whether you have suffered a minor or a serious injury, you may be able to claim compensation if you can prove the accident was not your fault. The most common accidents people have while they are on a holiday in Germany or when they are elsewhere in the work include the following:

  • Swimming pool accidents
  • Slips, trips, and falls
  • Food poisoning
  • Food allergy issues
  • Gym equipment accidents
  • Accidents caused due to spa treatments gone wrong
  • Accidents on tours and excursions
  • Road traffic accidents

My Accident Happened On A Package Holiday

If you were injured while on a package holiday, you may be worried that the claims process is going to be difficult, and that you won’t be able to claim compensation. However, making a claim for an accident that happened on a package holiday is a lot more straightforward than you may realise. This is because rules and regulations that are in place may allow you to file a claim against the tour operator for any accident that  happened while you were doing something that you booked through the company in question. Examples being  while on an organised tour or excursion.

How To Claim For A Holiday Accident In Germany

When it comes to claiming compensation, the first thing you must determine is whether you are eligible for compensation. No one wants to spend their time and money on making a case if their case is not valid. In order to secure compensation, you would need to show that the following three facts apply to your claim:

  • The accident was caused by someone else
  • You were examined by a medical professional.
  • The injury occurred within the personal injury claims time limit, which tends to be three years but this can vary depending on the circumstances surrounding the incident

If you can prove these three facts to be true, you may be able to secure compensation from a third party for the injuries you suffered. When it comes to establishing blame, this can often prove challenging. However, responsibility may lie with the people, organisation, provider of the place where the accident occurred. An example being that if you were injured in the hotel car park, responsibility would fall to the hotel.

It is worth noting that the success of your personal injury claim falls on the shoulders of the personal injury solicitor you hire to act on your behalf. To find a reputable lawyer, there are certain things you can do which includes the following:

  • Make sure they are based in the UK and UK registered – this is something we often take for granted because we have a tendency to assume that all solicitors offering their services in GBP are UK based and UK registered. However, this is not always the case, and it is certainly worth checking to be sure
  • Check their experience – you should check that the personal injury lawyer boasts a considerable amount of experience. You need to know that they have a successful track record and that they have handled many cases in the past
  • Have they handled cases similar to yours? – experience is one thing, but relevant experience is even more important. If you have been injured as the result of a faulty product, for example, then you need to make sure the solicitor has considerable experience in product liability cases
  • Reputation – you should take the time to read reviews left by previous clients. What do they have to say? Were they satisfied with the service? Did the solicitor manage to secure compensation for them? Were they easy to get in touch with? This is the best way to build up an honest picture of their services
  • Open lines of communication – it is vital that you make sure the solicitor is easy to get in touch with. They should provide you with a telephone number and an email address, and they should respond to any queries promptly. There is nothing more frustrating than trying to get an update about your case only to be met with the answer phone

You should seek representation from a No Win, No Fee solicitor because  you are only going to pay legal fees if your case is successful. No Win No Fee terms offer excellent financial protection, and it makes legal costs more manageable because they are deducted directly from your final settlement.

How Much Can I Claim For An Accident On Holiday In Germany?

You should seek legal advice from an experienced solicitor who can put together a case for you and who would advise you as early as possible as to how much accident compensation in Germany you may be entitled to receive.

You must keep all your receipts and any relevant documents relating to the accident because you may be able to claim for any costs you incurred as a direct result of the injuries you sustained in an accident in Germany. This could include the following:

  • Prescription expenses
  • Treatment costs
  • Hospital parking fees
  • Loss of income
  • Loss of future income
  • Travel expenses
  • Accommodation expenses
  • Childcare costs
  • Counselling expenses
  • All other expenses that can be directly linked to the injuries you suffered

In terms of how much compensation you may be awarded, this would depend on several things which includes the extent of your injuries and how they affect your future life and the out of pocket expenses you incurred through no fault of your own. The graph below provides compensation amounts you could be entitled to which are based on the Judicial College Guidelines and which are provided as a guideline only:

InjuryAverage payout
Loss of benefits£5,000 - £500,000
Loss of earnings£10,000 - £400,000
Pain and suffering£1,000 - £200,000
Mental anguish£3,550
Wrist injury£2,550 - £44,500
Knee injury, severe£39,700 - £72,970
Severe head injury£214,350 - £307,000
Severe shoulder injury£9,500 - £37,000

Where To Find Out More

The NHS On Accidents Here – Germany specific advice from the NHS.

Legal Expert Germany Claims Guide – A definitive guide to claiming. This may come in useful.

Edited Honey 22/1/20

Holiday Accident Claims