How to make a holiday accident claim in Tenerife
Tenerife is the largest of the Canary Island group, which belongs to Spain and it is situated off the coast of West Africa. The island is home to a large dormant volcano, Mount Teide, and is known for its beautiful beaches and surrounding waters. Understandably, Tenerife is a popular tourist destination and is visited by over 2 million holidaymakers from the United Kingdom.
Spain and the Canary Islands are relatively safe countries to visit for holidays, and most trips are trouble-free. However, people do experience accidents on holiday in Tenerife. Sometimes, an illness or injury abroad can be caused by an unavoidable accident or mishap. Other accidents are caused because of the negligence on the part of hotels, restaurants, transportation services or other businesses that provide services to holidaymakers when they are in Tenerife.
If you fell ill or injured in Tenerife in an accident caused by the negligence on the part of a third party, you could be entitled to seek damages for the pain, suffering and out of pocket expenses you incurred. This guide provides essential reading on how to file an accident claim in Tenerife, how to claim compensation for an injury or illness in Tenerife that was not your fault whether you were injured in a Tenerife car accident, motorcycle accident or other type of road traffic accident, suffered from food poisoning in Tenerife, experienced a food allergy accident or another illness abroad, or have suffered a serious injury, if a third party was responsible for your accident then you could be entitled to claim compensation.
For many holidaymakers who were injured or made ill in Tenerife, the idea of making a holiday accident claim abroad is quite daunting. However, just because you have fallen ill or been injury in Spain, does not mean that you have to use a personal injury solicitor in Spain. In fact, if you are a citizen or resident of the United Kingdom, you can use a personal injury solicitors firm based in the UK to represent your holiday accident claim in Tenerife. For many compensation claimants, this is a less stressful way to claim because it is easier to communicate with your solicitor.
This guide provides information and advise on how to find the right UK based solicitor to help you make a claim for holiday accident compensation in Tenerife. Read on to find out more.
Jump To A Section
- A Guide To Tenerife Holiday Illness And Accident Claims
- What Happens When You Are Sick Or Injured On Holiday Abroad?
- Who Caused Your Injury Or Holiday Illness In Tenerife?
- What To Do If You Get Sick Or Injured Or Injured Travelling Abroad
- Where To Get Help As A British National In Tenerife
- Getting Help From The Local British Consulate In Tenerife
- Why Having Travel Insurance Is Important
- Top Places To Visit Or Stay In Tenerife
- Common Holiday Injuries And Holiday Illnesses In Tenerife
- Food Allergies or Food Poisoning In Tenerife
- Illness Abroad Caused By Poor Hotel Hygiene
- Tenerife Car Accident Claims
- Injuries Due To A Lack Of Maintenance At A Spanish Hotel
- Common Types Of Holiday Accidents
- Tenerife Package Holiday Accident Claims
- How To Make An Overseas Accident Personal Injury Claim
- How Much Compensation Can I Claim For A Tenerife Holiday Accident?
- Useful Links
As previously mentioned, Spain and the Canary Islands are considered safe holiday destinations to visit. However, accidents happen on holiday. Some accidents are unavoidable, but when proper health and safety rules are not followed at hotels, restaurants, on flights to Tenerife, on the road or during organised sporting activities, then injuries could happen. If you are injured or made ill because of an accident on holiday in Tenerife that wasn’t your fault, you could be entitled to claim compensation for your injuries and suffering as well as your out of pocket expenses.
You go on holiday to relax and enjoy yourself, not have your holiday ruined because of the negligence of another party. Therefore if you have been injured or made ill because of an accident on holiday, you may be entitled to make a holiday accident claim in Tenerife. In some instances, you may also be able to claim compensation for a ruined holiday.
This guide to making a holiday accident claim in Tenerife covers the circumstances in which you can claim compensation for an injury or illness abroad, common injuries that people suffer on holiday in Tenerife, what your claim could include and how much you can claim for a holiday illness or injury. It also explains the benefits of making a no win no fee claim and how to find the right personal injury solicitor to act on your behalf. You will also find useful contact details to help you if you experience an accident in Tenerife, including emergency services contact numbers, and the contact details for the British Consulate in Gran Canaria.
Many people ask “Can I claim for an injury abroad?” The answer is that you can claim compensation for an injury or illness you suffered abroad if an accident was not your fault. For example, if you were injured because you disobeyed poolside safety instructions, or the orders of a lifeguard at a hotel swimming pool, you would not be entitled to claim compensation as the injuries caused by your behaviour. This is because it would be judged that your actions caused of your injuries.
However, if you were injured at a pool because you dived headfirst into the shallow end, hit your head on the bottom of the pool and suffered a head injury, and there were no warning signs displayed poolside indicating the shallow end, or the lifeguard did not warn you, you could be entitled to claim compensation, as the hotel pool failed to provide you with adequate safety warnings. In short, the injuries you sustained would not be judged to be your fault. A good rule of thumb is that if the accident was caused by negligence of another party, then you could be entitled to seek compensation.
If you are still unsure whether or not you are entitled to compensation, you can contact a personal injury solicitors firm like Legal Expert, so an advisor can let you know whether or not you have legitimate grounds for compensation.
If you are going to claim compensation for your injuries, then you would need to determine who is responsible. Is it an individual, such as an employee or a driver, a business like a restaurant or a hotel? This may be easy to determine, or there may need to be further investigation which could be carried out by a personal injury solicitor, or even the police if criminal activity was involved. Establishing who was at fault and liable for your injuries, would determine what party you may be able to claim compensation from.
If you fall ill or are injured on holiday in Tenerife, there are things that you should do at the scene of your accident which would held strengthen your case. This includes doing the following:
- Collect visual evidence by photographing the hazard which caused your accident if it is safe to do so. If possible, include a date stamp
- Collect visual evidence by photographing your injury, if it is visible and it is safe to do so
- If there are any eyewitnesses, take down their names and contact details. They may be able to provide evidence to support your claim at a later date
- If you are injured in a road traffic accident in Tenerife, speak to the other driver. Exchange phone numbers, and take down the make, colour and registration number of the other car. Do not under any circumstances accept responsibility for the accident or sign any documents given to you by the other driver, their insurer or solicitor, as you may forfeit the compensation that you are entitled to as a result. Make sure you get a Police report
- If you have to pay for anything as a result of your accident, such as medical treatment, medicine or a taxi to the hospital, keep your receipts. You may be able to be reimbursed for these expenses as part of your claim, what’s more, they could provide evidence of your accident
- Report your accident to your holiday tour operator. Make sure that they record what happened accurately
Of course, if you become seriously injured or ill on holiday, or anywhere else, your first priority should be to seek the necessary medical treatment. In which case, you can always get a friend or family member to collect evidence for you, or you can return to the scene of the accident at a later date.
If you are seriously injured or ill, your first priority should be to get the appropriate medical help. The emergency services phone number in Tenerife is 112. You can dial this number to request help from the ambulance, fire brigade or police department. In a non-emergency medical situation, we recommend that you visit a doctor’s surgery or dial 012 for non-emergency medical advice.
The British Consulate in Santa Cruz de Tenerife can provide urgent help to British nationals in Tenerife. You can call them on +34 928 26 25 08. You can dial this number is you are concerned about a British national abroad 020 7008 1500. Legal Expert also provides further contact details of British Embassies and Consulates in Spain, at the end of this guide.
Whilst the United Kingdom remains part of the EU, citizens of the United Kingdom are entitled to use a European Union Health Insurance Card (EHIC) in Spain or any other EU country. Following Brexit, however, this may change. This entitles you to receive the same state healthcare treatment that locals are allowed to receive. However, because Spain’s healthcare system is less comprehensive than the NHS’s system, we recommend that you take out fully comprehensive travel insurance before you travel.
Notify your travel insurance provider of your injuries or illness as soon as possible. Keep a record of any medical expenses, to support your insurance claim at a later date.
Fortunately, there is a British Consulate in the town of Santa Cruz in Tenerife. You should only contact the British Consulate if you are in need of emergency assistance, for example, if a member of your party has died, been attacked or been arrested.
You can call the British Consulate in Tenerife on +34 928 26 25 08. If you are in the United Kingdom and are concerned about a British National in Spain, you can call the British Embassy in Spain on this number, for help, 020 7008 1500.
British Consulate Santa Cruz de Tenerife
Plaza Weyler, 8, 1º
38003 Santa Cruz de Tenerife
Many people think that having a European Union Health Insurance Card (EHIC) can be used on holiday in place of fully comprehensive travel insurance. First of all, it’s not guaranteed that citizens of the United Kingdom would be able to use an EHIC card after Brexit. Secondly, the EHIC would only cover medical treatments that are available on the state healthcare system of the country you are travelling to. Many countries do not have a healthcare system which is as comprehensive as the NHS, so the treatment that you need may not be covered. Fully comprehensive travel insurance would insure you for millions of pounds of treatment. And finally, if you have travel insurance, the insurance will cover the cost of services such as repatriation if you seriously injured and need to return to your own country for treatment.
Popular resorts and tourist attractions in Tenerife include the following:
- Santa Cruz de Tenerife
- Puerto de la Cruz
- San Cristóbal de La Laguna Spain
- Las Americas
- Los Cristianos
- Del Duque
- Los Gigantes
- San Eugenio
- Callao Salvaje
- Golf del Sur
- Costa del Silencio
Tenerife UK visitor numbers are provided below:
|Year||Country||Number of visitors|
If you developed a holiday illness or injury in Tenerife that was not your fault, you could be entitled to claim compensation for your injuries or illness. The most common personal injury claims people make for an accident on holiday in Tenerife are listed above and if you suffer any of them or are involved in another sort of accident that was not your fault, you could be entitled to claim compensation.
According to EU directives, food suppliers like restaurants and food producers which includes manufacturers of pre-packaged foods, have to list and highlight any allergenic ingredients contained in their food. If they fail to do so and you suffer an allergic reaction as a result of eating their food, they could be held liable and may have to pay personal injury compensation.
Similarly, if a restaurant, hotel or other meal provider fails to store or prepare your food properly and you become ill with food poisoning as a result, you could be entitled to claim compensation for food poisoning in Tenerife.
Unfortunately, in Spain, you could fall ill with symptoms similar to food poisoning because you swam in a pool that was not properly treated with chlorine, or by another effective process. Similarly, tap water is not safe to drink in the Canary Islands. If you were served a drink made with tap water, or water that you were told was treated and you fall ill, then you could be entitled to claim compensation.
Spain has a 30% higher rate of road traffic accidents than Britain. The motorways in Spain are particularly risky. There is also a higher rate of fatal accidents on the road in Spain. If you were injured in a Tenerife car accident, motorcycle accident or any other sort of road traffic accident in Spain, which was not your fault, then you could be entitled to claim compensation.
Most hotels in Spain and the Canary Islands are run to a high standard. However, if proper standards of health and safety are not upheld, this can result in guests become injured or ill, as a result of negligence on the part of the hotel. If a broken floorboard is left unrepaired, you could suffer a slip, trip or fall accident, which can result in a serious injury. Other causes of holiday accidents in Tenerife hotels include broken furnishings collapsing under a guest’s weight resulting in a back injury, or hand railings coming away, causing you to fall. If you were injured in a hotel due to poor maintenance then you could be entitled to claim compensation.
Here are some of the types of holiday accident cases that could entitle you to file a successful personal injury claim against a negligent third party:
- Aeroplane accidents
- Bad hotel hygiene illness
- Balcony falls
- Boats & cruises
- Carbon monoxide poisoning
- Collapsing furniture
- Excursion injuries
- Faulty fittings
- Faulty rental car
- Food poisoning
- Foreign transport
- Hotel accidents
- Legionnaires disease / Norovirus
- Skiing incidents
- Slips and trips accidents
- Swimming pool Accident
According to the Package Travel, Package Holiday, and Package Tour Regulations 1992, if you are injured on a packaged holiday, you may have the right to claim compensation for your injuries. This could include injuries sustained on the transport to or from your holiday destination, injuries at your hotel, or injuries during activities that were purchased as part of your holidays, such as organised watersports activities or excursions.
If you fall ill or were injured on holiday in Tenerife in an accident that was not your fault, you should get in touch with a personal injury solicitor at Legal Expert, who would assist you when it comes to making a claim for compensation. Call Legal Expert today, to see if you have a legitimate claim for compensation. If you have legitimate grounds to make a holiday accident claim in Tenerife, they would provide you with an excellent personal injury solicitor, who act on your behalf.
Many of Legal Expert’s personal injury solicitors have up to three decades of experience, so you would be in safe hands. They also offer all of their clients the option to make a no win no fee claim, meaning that in the unlikely instance that you don’t win your holiday accident claim, you won’t have to pay a fee.
Call Legal Expert on 0800 073 8804 for your free consultation today.
If you are thinking about making a holiday accident claim in Tenerife, you are probably curious to know how much compensation you could claim. The personal injury claims calculator below provides a guideline as to how much you may be awarded. Please note, this estimation will not include any special damages that you could claim, and is not be tailored to your specific case.
|Reason for making a claim||How much you could be awarded||Comments|
|Anticipated earnings - loss of||Can be as high as £400,000 Plus +||Based on income alread lost and future projected losses.|
|Anticipated benefits - loss of||£5,000 - £500,000||Based on income alread lost and future projected losses.|
|More general pain or suffering||£1,000 - £200,000||Settlement based on your individual circumstances.|
|Cost of a funeral||£3,000 - £10,000||Damages may exceed upper limit.|
|Mental anguish||£3,550||Genuine and real fear or expectation of death.|
|Non traumatic illness - Food Poisoning||£800 - £3,460||Disabling level of crapms, pain and diarrhoea.|
|Non traumatic illness - Food Poisoning||£3,460 - £8,360||Food poisoning leading to symptoms such as a change in your bowels. May last for over a week.|
|Non traumatic illness - Food Poisoning||£8,360 - £16,830||Serious food poisoning which is hsort lived.|
|Non traumatic illness - Food Poisoning||£33,700 - £46,040||Severe toxicosis with side effects suh as vomitting, fever, diarrhoea and sharp pains.|
For an accurate estimation which has been specially tailored to you, call Legal Expert today to see how much compensation you could claim. If the advisor you speak to determines that you have legitimate grounds to claim, they will provide you with an excellent personal injury lawyer, who would start working on your claim right away.
NHS Guide to healthcare in Spain
Find out further information about accessing healthcare in Spain as well as any healthcare or medical considerations before your trip.
British Consulates in the Canary Islands
British Consulate – Santa Cruz de Tenerife
Plaza Weyler, 8, 1º
38003 Santa Cruz de Tenerife
Tel: +34 928 26 25 08
British Consulate – Las Palmas de Gran Canaria
Calle Luis Morote 6-3º
35007 Las Palmas de Gran Canaria
Tel: +34 928 26 25 08
Edited Honey 25/1/20