What Should You Do If You Have An Accident On Holiday In Spain?
Accident claims for those who have been injured while on holiday in Spain can be confusing for those that have never suffered a personal injury before. Where do you start There are probably a million questions running through your mind! This guide aims to answer them by providing all of the information you could possibly need. So, keep on reading our Spain holiday compensation guide to find everything you need to know if you or someone you love has had an accident on holiday in Spain…
Jump To A Section
- A Guide To Personal Injury Claims On Holiday In Spain For Accidents Or Illnesses
- Getting Sick Or Injured In An Accident On Holiday In Spain
- Who Might Be To Blame For Your Accident, Personal Injury, Or Illness?
- What Should You Do If You Get Sick Or Are Injured On Holiday In Spain?
- Where To Get Help In Spain
- How To Get Help From The British Embassy In Spain
- The Importance Of Having Travel Insurance When You Suffer a Personal Injury
- Top Spanish Holiday Destinations For British Tourists
- Common Spanish Holiday Illnesses
- Food Poisoning On A Holiday In Spain
- Illnesses Caused By Poor Hygiene In A Hotel Or Restaurant
- Dealing With Car Crashes Or Other Accidents On the Road In Spain
- Poor Maintenance Of Your Hotel Leading To Injuries
- What Accidents Do People Commonly Have On Holiday In Spain?
- Does Your Holiday Qualify For Protection Under The Package Holiday Regulations
- How Can You Make A Holiday Accident In Spain Claim
- How Much Could I Claim For Personal Injury Or Illness On Holiday In Spain?
- Where To Learn More About Accidents On Holiday In Spain
Have you had an accident while on holiday in Spain? If so, first of all, you will need to determine whether you have the basis for a personal injury claim. Generally, you need to prove the following three statements to be true…
- The accident occurred within the personal injury claims time limit, which tends to be three years but differs based on the accident and circumstances surrounding your holiday.
- The incident happened because of someone else’s error or negligence.
- You had to receive medical attention for your injuries.
This should give you a basic idea as to whether you have grounds for making any sort of claim for the accident you were involved in while in Spain.
In the rest of this guide, we are going to provide you with plenty of information on securing personal injury compensation in Spain. We will take a look at all of the different sorts of claims that can be made, what you should do if you are injured, how much compensation you could receive, and much more. We hope that this will assist you, no matter whether you are looking to make a claim yourself or you are searching for this information to help a loved one.
There are many different reasons why people may require the services of accident lawyers for an injury in Spain. In fact, as the term ‘personal injury’ is so broad, there can often be a lot of confusion regarding what counts as a personal injury and what doesn’t, which can lead to some people believe they don’t have the basis for a claim when they actually do.
So, what is a personal injury in Spain? A personal injury can be a physical injury, illness or disease, yet it can also be a psychological injury or illness. It can be a serious injury or it can be a minor one.
Examples of personal injuries…
- An injury that has been caused because you have tripped over something, slipped on something or fell over something that shouldn’t have been there or was not marked correctly.
- An injury you have sustained because you purchased a good from a store in Spain that was faulty.
- A psychological illness that has arisen due to something that happened while on holiday.
- An injury caused because of a road traffic accident, whether you were the other driver involved, the passenger in the vehicle that caused the incident or a pedestrian.
- An injury caused at the hotel because of poor health and safety.
Hopefully, this will give you a good understanding of the different scenarios that can count as a personal injury.
Establishing responsibility is imperative. You need to be able to show that someone else is responsible for your suffering if you are to make a successful claim. Therefore, if you have been involved in a car crash, for example, you need to show that the other driver made the error or acted negligently. After all, you cannot make a claim against yourself. This is just one example of who may be to blame for your accident, personal injury, or illness. There are other parties that could be to blame, of course, for example, your hotel could be to blame if you were injured here, or a tour provider could be to blame if you were injured while on an excursion.
When using the services of accident lawyers, you will need to build up a strong case to prove that you have been injured as the result of someone else’s wrongdoing. Of course, your solicitor is here to help you with this. Nevertheless, let’s take a look at some of the crucial pieces of evidence that can help you to strengthen your case, so you can understand some of the important steps you need to take if you are injured or sick while on holiday…
- Medical report – There is only one place to begin, and this is with the medical report. If you have been injured, it is vital that you see a doctor, as the medical report they provide is the most crucial piece of evidence when it comes to any type of personal injury claim. This report will serve as proof to show your injuries, medical diagnosis and treatment. This is then used to determine how much compensation you will be entitled to.
- Witness statements – Did anyone witness the accident you were involved in? If so, you should make an attempt to get their contact details, as witness statements offer a great way of strengthening your case.
- Photographs – In some instances, photos represent an exceptional form of evidence. You may take photographs of your injuries to show the true extent of your suffering. Moreover, if you have been involved in a car crash, for instance, you could take a photograph of your vehicle and one of the scene, to show what really happened.
- Receipts – Last but not least, when making a claim you will be able to claim for any special damages you have occurred, i.e. out of pocket expenses. This can be anything from loss of income to treatment costs, to the cost of repairing your vehicle. Nevertheless, you will need to have proof, so make sure you keep your receipts and any other relevant documents.
Hopefully, you now have a better understanding of the key pieces of evidence that are used when it comes to making a personal injury claim. This should give you a better understanding of the important steps you are going to need to take when making a claim.
It’s also worth pointing out that there are a few phone calls you are going to have to make if you have been injured while on holiday. For example, you will need to call the insurance company to inform them of what has happened. You are also going to need to ring the police if you have been injured in a road traffic accident or as part of criminal activity. If you experienced an accident on a package holiday, getting in touch with the tour operator is also a necessity.
If you have suffered an illness or an injury while you are in Spain, there are a number of different ways you can get help. The main places to turn to are as follows:
- Your travel company/ package holiday company.
- The Spanish healthcare system.
- A travel insurance provider.
- The British Embassy.
If you have been injured, the British Embassy in Spain will be able to help you. How so? Well, if you have been admitted to hospital in Spain, you can expect to be contacted within 24 hours from one of the representatives. They will then speak to your insurer and get in contact with your friends and family so that they know about the situation.
You can also find some useful foreign travel advice for Spain on the UK Government website.
Please find the contact details for the British Embassy in Spain below:
British Embassy Madrid
Paseo de la Castellana 259D
Telephone: +34 917 146 300
The importance of having travel insurance while in Spain cannot be ignored. During the pre-Brexit period, you can still use your European Health Insurance Card (EHIC) if you have one. If you do not have one, you will be able to apply for one of these cards from the UK Government website free of charge. This card could mean that you are able to get certain treatments at a lower cost or free of charge. Because of this, a lot of people have assumed that they do not actually need travel insurance. This could not be further from the truth. The EHIC does not cover all treatments, and therefore, you could find yourself facing a monumental medical bill if you do not have the required medical insurance in place.
There is no denying that popularity of Spain as a tourist destination amongst Brits. Below, we take a look at some of the most popular parts of Spain:
- Madrid – There is only one place to begin, and this is with the capital city. This has been revamped in recent years. A lot of the museums have got bigger and better, for example, Reina Sofia and Prado.
- Malaga – Malaga is a lively and vibrant place with a laidback vibe. The centre features a range of modern and glossy hotels.
- Valencia – This is the third biggest city in Spain, featuring miles of beach, lively nightlife, a flourishing restaurant scene, and dynamic museums.
- Costa Brava – A popular spots with couples, this romantic place has secluded coves and elegant horseshoe bays.
- Barcelona – Of course, Barcelona has long been a hit with British tourists. It is an incredible city with so much to offer, from the luxurious beaches to the amazing architecture.
In the table below, we have included information on the top ten nationalities who visit Spain.
Some of the most common Spanish holiday illnesses are as follows:
- Shigella – This is an infectious disease, which causes symptoms such as stomach cramps, fever, and diarrhoea.
- Coli – Most types of E.coli are not harmful. However, there are some nasty strains. Symptoms include vomiting, bloody diarrhoea, and severe cramps in the abdomen.
- Campylobacter – This is a bacterial disease. It tends to be mild, yet there have been fatal cases in immunosuppressed individuals, as well as elderly people and children.
- Salmonella – This is an infectious disease, which is spread through contaminated food, and causes symptoms such as stomach cramps, fever, and diarrhoea.
There is no denying that food poisoning is one of the most common illnesses sustained by people on holiday in general. There are many symptoms associated with this. In general, people will feel nauseous, often vomiting, and they will be very dehydrated. While food poisoning is rarely serious, there have actually been fatal accidents involving food poisoning, so it is not something to take lightly.
There is nothing worse than arriving at your hotel to discover terrible standards with regards to hygiene and overall upkeep. Poor hygiene in a hotel, restaurant, or other setting can cause illnesses, such as those highlighted in the sections above. If you have suffered an illness like this, you can make a claim.
If you have been involved in a car crash or motorbike accident, or any other type off-road traffic accident, some important steps to take include…
- See a doctor – The first thing you need to do is get your injuries seen to. You may feel fine, but you need to see a medical professional, especially as whiplash in Spain is an injury that tends to get worse a few hours or days after the crash. You also need to see a doctor for the purpose of your case. The medical report that the doctor provides is the key piece of evidence, which will determine how much money you receive.
- Exchange contact information – Firstly, you need to get the contact details of the person that caused the car accident. This includes their general contact information as well as details concerning their insurer and their vehicle. If anyone witnessed the incident, you are advised to get their details as well, as witness statements are exceptional in terms of evidence.
- Take photographs – You can really strengthen car accident claims in Spain by taking any photos of the scene that prove what happened, such as damage to a street scene or your vehicle. If your injuries are visible, you should also take photographs of these as well.
- Keep proof of all costs incurred – You will be able to claim for any expenses that you have had to foot the bill for because of your accident or injuries. There are many costs you may have incurred, such as treatment expenses, loss of earnings, childcare expenses, the cost of counselling, and vehicle repair costs. However, in order to claim for all of these, you are going to need proof, so make sure you do not throw out any relevant documents or receipts.
You can also make a claim if you have been injured because of poor maintenance at the hotel you are staying in while on holiday. There are many different ways that poor maintenance could result in an injury. For example, if the furniture in your room is broken, you could end up hurting yourself. You could also injure yourself because of trip hazards, like potholes in the hotel car park. Furthermore, if the gym equipment or swimming pool has not been maintained properly, injuries can easily arise.
There are many different types of accidents and injuries that people sustain while on holiday. Some of the most common examples include the likes of…
- Food poisoning.
- Injuries due to poor hygiene.
- Swimming pool accidents.
- Road traffic accidents.
- Injuries on tours and excursions.
- Injuries because of broken furniture.
- Car accidents.
- Other road traffic accidents.
A package holiday is one including at least two of the following:
- Overnight accommodation.
- Travel services, for example, tours.
If this applies, you can make your claim under the Package Holiday Regulations.
There are a number of reasons why you should make a claim if you have been injured while in Spain, including the following…
- Peace of mind – There are a lot of instances when personal injury victims question themselves and wonder whether they were to blame. A successful compensation claim can help you move on from this. You can draw a line under the situation and get on with your life.
- Monetary help for the recovery process – The main reason for making a claim is so you can get the financial assistance you need to fund the recovery process. After all, why should you have to pay for this when the accident was not your fault?
- Cover any expenses encountered – It is likely that you will have incurred many different costs because of your injuries, and a successful claim can ensure you recuperate the money for this.
- Protection from loss of income – A lot of people are left unable to work when they have been injured, and a compensation claim will ensure you are protected from any loss of earnings, as this counts as a special damage, and thus you can claim for it.
In order to make a claim, though, you are going to need the assistance of experienced professionals. Here are some of the questions you should ask in order to find the best personal injury lawyer for you.
- What experience do you have? You will want to use the services of a personal injury solicitor that has a considerable amount of experience in their locker. You don’t want to go for someone that is just starting out and effectively learning on the job. You should also make sure that the individual has experience in the type of claim you are going to make. For instance, if you have been involved in a car crash in Spain you should ensure that the lawyer has experience in road traffic accident claims.
- How much will I have to pay for your services? Price is an important consideration when paying for any service, and the services of accident lawyers are no different. You will want to know how much you are going to have to pay, but you will also want to discover what sort of payment structure you are going to subject too and what you are actually getting for your money. It is always a good idea to go for a lawyer that is happy to work to a No Win, No Fee payment arrangement. By doing this, you will only pay legal fees if your case is a success. This minimises financial risk and ensures a much better service too.
- What is your success rate? This question is pretty self-explanatory. You certainly want a lawyer that has a good win rate, as this will indicate that there is a high chance they will secure compensation in your case too.
- Do you have any customer testimonials I can take a look at? Last but not least, customer reviews can help you to get a true reflection regarding what the lawyer has to offer and the service they provide. This will help you to pick up on any red flags if indeed there are any.
Compensation is calculated based on two factors. The first factor is your suffering. The severity of your injury and the impact it is having on your life will be considered in order to come to an appropriate sum of money. The second factor is any out of pocket expenses you have experienced. This can be anything from childcare fees, to medical costs, to loss of income. You will be compensated for these, yet you will need proof.
In the table below, we have put together some of the average payout amounts for injuries that can commonly be sustained while on holiday in Spain. This information comes from the Judicial College guidelines. It is much more reliable and accurate when compared with using the personal injury claims calculator tools you can find on the web today. These are marketing tools rather than being reliable compensation resources.
|Reason for compensation||Typical payout amount|
|Loss of anticipated earnings||£10,000 - £400,000|
|Loss of benefits||£5,000 - £500,000|
|Minor injuries – 7-day recovery||A few hundred pounds to £525|
|Minor injuries – 28-day recovery||£525 - £1,050|
|Minor injuries – 3-month recovery||£1,050 - £1,860|
|Back injuries – Minor||A few hundred pounds - £9,500|
|Back injuries - Moderate||£9,500 - £21,100|
|Shoulder injuries – Minor||A few hundred pounds - £6,000|
|Shoulder injuries – Moderate||£6,000 - £9,700|
|Shoulder injuries – Serious||£9,700 - £14,600|
|Shoulder injuries – Severe||£14,600 - £36,500|
If you would still like some further information on holiday accident claims in Spain, the links below may be of assistance:
The NHS on Accidents in Spain – See information that the NHS feel is important for you to know.
Legal Expert – Advice on Spanish Claims – For more information on making claims, this site provides a lot of useful guides.