Holiday accident compensation
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You really do need legal advice for this one. If it is as you stated then it seems there was negligence in that the kids were unsupervised and the panel was missing.0
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1. Why hasn't the insurance company been contacted yet? Or has OP traveled to Mexico (of all places!) WITHOUT travel insurance?! This situation seems like something you would have no problem in claiming from your insurance...
-- I would never do something like this, especially with children. Anyway I did contact my TI, they told me there was no point bringing us home early because there was only availability on a flight 24 hours before our original. I told them I wasn't happy, they took that as a formal complaint and sent me a compensatory amount for inconvenience. They have a clause with their insurance that I cannot use the legal cover to claim against a travel agent.
2. Until they come back with an offer or a final decision, this is all academic and we could come up with a million different valuations for the claim without being correct!
-- I agree with you about not expecting a full refund (although would happily accept!) - I'm just not sure what would be considered 'reasonable' for the loss of a finger tip, print, and lifelong deformity & vulnerability.0 -
Based on what you have said, I would be consulting a lawyer. Check your home insurance etc to see if that includes free legal advice etc.
Failing that, its a case of getting a free consultation and seeing what they say, or approaching a no-win no-fee company.
I wish you all the best in your claim, personally its not often someone posts in this area where compensation is deemed applicable, but based on what you have said I duly think compensation is deserved.
Please keep us updated.0 -
You people just aren't good enough at complaining it seems.. As an example, my wife's best friend was on a luxury holiday in the Maldives a few months ago. On the last night, an employee tried to rape her. She thankfully fought him off and was ok. They provided an entire refund of the holiday. On a cruise several years ago, my son had a gash to his forehead after he found a sliver of metal on the floor of our cabin. There were some other mishaps, and we were upgraded to a cabin worth £10k+ rather than our £2k cabin.
Your holiday was ruined. When I go on holiday, it's the entire memory of it that counts. If I have a horrific incident then the memory of the entire thing is spoiled for me - whether it happens on the first, or the last day. So it's not the £9k cost that matters - it's the holiday. You are due a replacement holiday here.
1. Your children were left unsupervised by kids club staff
2. The area the children were left in was not made safe, and equipment was left in a state where a dangerous mechanism was open to young children.
3. Proper medical attention was not available after the incident
Contact your insurance firm now. Let them know, as there may be provision for payments for hospital visits + injuries.
Raise this up in Thomson. Don't let them settle with the first offer. Your daughter is going to be learning to write in the coming year and this will set her back.
Is the injury to her dominant hand? Finger injuries are a big thing.
Contact your insurance, get them to find you a lawyer. I'd be wanting £9k back for the holiday + £5k for the injury (unless it was life altering, then £25K+). Make some noise. This is significant. Ask for records of the maintenance of the air hockey table. Focus on the kids club leaving children unattended and the equipment left in a dangerous state.0 -
I'm just not sure what would be considered 'reasonable' for the loss of a finger tip, print, and lifelong deformity & vulnerability.
http://www.holmes-hills.co.uk/personal-injury-claim-calculator/hand/finger-thumb-injury/
Just the first result I found on Google, however should hopefully give you some sort of indication.
Bear in mind nothing can replace proper legal advice, so please make sure you look into dealing with this correctly.0 -
Don't forget to throw in "Duty of care" when talking about how your kids were left unsupervised.0
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-- I would never do something like this, especially with children. Anyway I did contact my TI, they told me there was no point bringing us home early because there was only availability on a flight 24 hours before our original. I told them I wasn't happy, they took that as a formal complaint and sent me a compensatory amount for inconvenience. They have a clause with their insurance that I cannot use the legal cover to claim against a travel agent.
Fair enough!
Couldn't you errrm just claim the costs of the medical fees and the loss of enjoyment against the travel insurance company?
That's what I'm not understanding.... that's surely what insurance is for? To pay you out when you get injured and incur costs...0 -
I'm going to go back to them and argue that point specifically. Medical fees were paid by the hotel until we got home and could use NHS! Admission of liability or what? ��
Thanks for all suggestions - I'll try to update when I have outcomes0 -
Did you have travel insurance?0
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ringo_24601 wrote: »Did you have travel insurance?
I assume that is what the OP means when he refers to TI.0
This discussion has been closed.
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