Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • S1446591
    • By S1446591 14th Feb 17, 2:58 PM
    • 14Posts
    • 21Thanks
    S1446591
    Holiday accident compensation
    • #1
    • 14th Feb 17, 2:58 PM
    Holiday accident compensation 14th Feb 17 at 2:58 PM
    Hi all

    We saved for ages to go on a 'holiday of a lifetime' to Mexico in September. The hotel was booked through Hayes and Jarvis, but via Thomson.

    The hotel had a kids club which we used a couple of times. Once a week the kids club would join in on a Disney themed show with professional dancers as part of the entertainment program. My daughter was at the kids clubs for rehearsals with her 6yo sister, when she was involved in an accident. The air hockey table in the kids club had its maintenance panel missing, and her hand got caught in the fan belt of the motor.

    She took the tip, pad, and half of her nail off. The nail grew back but the rest didn't. The tendons were shredded too meaning she has what's known as a mallet finger, meaning it's permanently bent. She was sedated and her finger cleaned at hospital in Mexico then daily dressing changes and checks.

    We lost the last 5 days of the holiday (14 days total stayed) because we were in an eco resort with lots of animals and she couldn't get stitches because the skin was gone.

    I've submitted the complaint to Thomsons early October and their legal team is dealing with it.


    My question is - should they come back with an offer, what should I consider a reasonable amount?

    Total holiday cost was £8998

    Thank you for any help
Page 2
    • happyandcontented
    • By happyandcontented 14th Feb 17, 6:05 PM
    • 488 Posts
    • 952 Thanks
    happyandcontented
    Did you have travel insurance?
    Originally posted by ringo_24601
    I assume that is what the OP means when he refers to TI.
    • elsien
    • By elsien 14th Feb 17, 6:06 PM
    • 14,252 Posts
    • 35,107 Thanks
    elsien
    Did you have travel insurance?
    Originally posted by ringo_24601
    See posts 4 and 13.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • ringo_24601
    • By ringo_24601 14th Feb 17, 6:14 PM
    • 16,499 Posts
    • 26,601 Thanks
    ringo_24601
    See posts 4 and 13.
    Originally posted by elsien
    The travel insurance firm do sound useless - It's probably worth putting the pressure on the travel agency.. although that would have ideally been done with the agents representative whilst you are there.

    Reminds me to buy decent insurance for my hols this year
    • ThumbRemote
    • By ThumbRemote 14th Feb 17, 8:54 PM
    • 3,720 Posts
    • 4,714 Thanks
    ThumbRemote
    I'd be talking to a lawyer for an initial consultation. There's a set scale of damages for various injuries based on case law, at the very least they may give you an indication. If you like the lawyer, go with them. If not, find another.

    Thomson will come back with an extremely low offer to start with. If you're relying on them to be fair, think again. They will be concerned only with this having the lowest possible impact on their bottom line.

    To repeat what a couple of other people have said above, you need proper legal representation.
    • Country Cousin
    • By Country Cousin 15th Feb 17, 8:35 AM
    • 215 Posts
    • 250 Thanks
    Country Cousin
    You really do need a personal injury lawyer. If this is going to affect your little girl long term this is not something you should be dealing with yourself.
    • S1446591
    • By S1446591 19th Mar 17, 3:31 PM
    • 14 Posts
    • 21 Thanks
    S1446591
    Just as an update. Thomsons have came back to me and offered me £6k to shut up and go away (aka as a goodwill and denial of liability).

    To clarify - I have sought legal advice and the advice is to go through thomsons first.
    I did have travel insurance.

    I've been advised to reject the first offer so I have, and I'm waiting on a revision - I'll try to update when I can.

    Thanks for the suggestions so far.
    • k3lvc
    • By k3lvc 19th Mar 17, 5:03 PM
    • 1,610 Posts
    • 2,490 Thanks
    k3lvc
    Just as an update. Thomsons have came back to me and offered me £6k to shut up and go away (aka as a goodwill and denial of liability).

    To clarify - I have sought legal advice and the advice is to go through thomsons first.
    I did have travel insurance.

    I've been advised to reject the first offer so I have, and I'm waiting on a revision - I'll try to update when I can.

    Thanks for the suggestions so far.
    Originally posted by S1446591
    Personally I thinks your attitude re this stinks - you have travel insurance and this is what it's for but instead you're looking for some compo (and £6k offered isn't enough )

    Maybe one day you'll do something wrong which gives someone the opportunity to injure themselves (which by all accounts is what happened here) and the victim will come after you personally for their 'compensation'

    The more people jump on the 'compensation' wagon the worse it'll get
    • happyandcontented
    • By happyandcontented 19th Mar 17, 5:42 PM
    • 488 Posts
    • 952 Thanks
    happyandcontented
    Personally I thinks your attitude re this stinks - you have travel insurance and this is what it's for but instead you're looking for some compo (and £6k offered isn't enough )

    Maybe one day you'll do something wrong which gives someone the opportunity to injure themselves (which by all accounts is what happened here) and the victim will come after you personally for their 'compensation'

    The more people jump on the 'compensation' wagon the worse it'll get
    Originally posted by k3lvc
    I think that you are being unfair to the OP. This is his young child who has been injured and whose injuries are such that the long term outcome is as yet unclear.

    Companies and individuals who are negligent ( as in this case) need to be brought to account for it or they have no incentive to make the required changes/inspections in the future. That would adversely impact us all.

    Do you remember the two young children who died from Carbon Mon Oxide poisoning in Greece whilst on holiday? It was right that the company paid for their catastrophic errors.

    Yes, there is a compensation culture and it is awful when people claim for whiplash and the like when they are not injured, but you cannot tar everyone or every issue with that brush.

    IMO this is a legitimate claim and the OP needs to ensure his daughter receives what the law deems her entitled to in the schedule of damages applicable to her injury.

    Save
    Save
    Save
    • k3lvc
    • By k3lvc 19th Mar 17, 6:00 PM
    • 1,610 Posts
    • 2,490 Thanks
    k3lvc
    I think that you are being unfair to the OP. This is his young child who has been injured and whose injuries are such that the long term outcome is as yet unclear.

    Companies and individuals who are negligent ( as in this case) need to be brought to account for it or they have no incentive to make the required changes/inspections in the future. That would adversely impact us all.

    Do you remember the two young children who died from Carbon Mon Oxide poisoning in Greece whilst on holiday? It was right that the company paid for their catastrophic errors.

    Yes, there is a compensation culture and it is awful when people claim for whiplash and the like when they are not injured, but you cannot tar everyone or every issue with that brush.

    IMO this is a legitimate claim and the OP needs to ensure his daughter receives what the law deems her entitled to in the schedule of damages applicable to her injury.

    Save
    Save
    Save
    Originally posted by happyandcontented
    Indeed I may be but as entitled to my opinion as others are to theirs. The child, whilst unsupervised, carried out an action that led to the injury and based on the schedules previously shared the OP has been offered above the suggested rate for 'amputation of tip of the middle or ring fingers' yet is still pushing for more.
    • happyandcontented
    • By happyandcontented 19th Mar 17, 6:19 PM
    • 488 Posts
    • 952 Thanks
    happyandcontented
    Indeed I may be but as entitled to my opinion as others are to theirs. The child, whilst unsupervised, carried out an action that led to the injury and based on the schedules previously shared the OP has been offered above the suggested rate for 'amputation of tip of the middle or ring fingers' yet is still pushing for more.
    Originally posted by k3lvc
    Yes, unsupervised by those left in loco parentis - the kids club reps. The company is doubly negligent in my opinion. We never left our kids in those types of clubs, but if a parent does they hould be able to rely on adequate supervision according to age.
    • hollydays
    • By hollydays 19th Mar 17, 6:22 PM
    • 14,779 Posts
    • 10,586 Thanks
    hollydays
    Yes, unsupervised by those left in loco parentis - the kids club reps. The company is doubly negligent in my opinion. We never left our kids in those types of clubs, but if a parent does they hould be able to rely on adequate supervision according to age.
    Originally posted by happyandcontented
    When my kids were smaller I'd check out the kids clubs, but never found the staff responsible enough, I found the staff were young and inexperienced and there were far too few per child.
    • happyandcontented
    • By happyandcontented 19th Mar 17, 6:40 PM
    • 488 Posts
    • 952 Thanks
    happyandcontented
    When my kids were smaller I'd check out the kids clubs, but never found the staff responsible enough, I found the staff were young and inexperienced and there were far too few per child.
    Originally posted by hollydays
    I agree, but if they advertise the service it is the responsibility of the company to have covered those bases. If they do not and something goes wrong then they are liable, and should be held accountable.
    • hollydays
    • By hollydays 19th Mar 17, 6:50 PM
    • 14,779 Posts
    • 10,586 Thanks
    hollydays
    I agree, but if they advertise the service it is the responsibility of the company to have covered those bases. If they do not and something goes wrong then they are liable, and should be held accountable.
    Originally posted by happyandcontented
    I agree totally. The tour operator should have regular audits also. It looks like an environment with unsupervised air hockey tables isn't the right environment for a 4 year old.
    • iammumtoone
    • By iammumtoone 19th Mar 17, 9:04 PM
    • 4,362 Posts
    • 9,248 Thanks
    iammumtoone
    I see it as the problem is to do with the 'compensation culture'

    Everyone who mentions the word is tared with the same brush, they are after a payout for nothing so when in the OPs situation their claim is a genuine case they are made to feel guilty for pursuing it.

    I am sure they don't even want the money, they want their child not to be scared for life which isn't going to happen so the least they can do is make the company responsible pay.

    Its not even about the amount of money offered the refusal is more the denial of liability.

    I hope the OP goes after them with full force at least by doing this there is the hope that this will not happen to others.
    Last edited by iammumtoone; 19-03-2017 at 9:34 PM.
    Sealed pot challenge ~ 10 #017
    Declutter 2017 items in 2017 - 78/2017
    GC Jan spend £84.34 (inc 7.20 at work)
    • Agricolae
    • By Agricolae 19th Mar 17, 11:09 PM
    • 352 Posts
    • 184 Thanks
    Agricolae
    Personally I thinks your attitude re this stinks - you have travel insurance and this is what it's for but instead you're looking for some compo (and £6k offered isn't enough )

    Maybe one day you'll do something wrong which gives someone the opportunity to injure themselves (which by all accounts is what happened here) and the victim will come after you personally for their 'compensation'

    The more people jump on the 'compensation' wagon the worse it'll get
    Originally posted by k3lvc
    Opinion or not, your comment is open to justifiable criticism, assuming of course that you read the whole thread. I never cease to be amazed by the attitudes of people on here.

    The travel insurer already declined a claim (although possibly the OP should have pushed back on this or claimed under another part of the policy).

    This isn't a case of parents being irresponsible and leaving their children unsupervised. They left their children in the care of those who advertised their services in this respect. These supervisors didn't do their job properly, and allowed a maintenance problem combined with the curiosity of the young to lead to a tragic and avoidable incident.

    This young child now has what appears likely to be an irreversible loss of function and disfigurement in one of their index fingers. Given the importance of a) the index finger in manipulating objects such as pens, keyboards, keys etc. b) the effect of a disfigurement on the development of a person's personality and self-esteem c) the possibility of lasting pain, I'd say this is hardly a trivial matter. Yes, I know it's a fingertip and not an arm or something, but that doesn't meant it can't have a significant impact on someone. As others have said, this child will be learning to write and if the fingertip is on the dominant hand this could have a real impact.

    Of course, money doesn't fix these things. It can't grow back a fingertip, but it can pay for private treatment and it can pay for any adjustments that need to be made so a person is not affected by their injury.

    In terms of compensation for the holiday which was understandably disrupted by what happened (on a practical level, the need for medical treatment, and on an emotional level, the inability to enjoy it), I don't think there is anything wrong in asking for some money back.

    I think the OP is going about things in largely the right way, and shouldn't be shamed for it.
    • S1446591
    • By S1446591 20th Mar 17, 6:33 AM
    • 14 Posts
    • 21 Thanks
    S1446591
    Let me clear some things up.

    I am after compensation. For my daughter. Not for me. If you think my attitude of trying to get an apology and admission of liability regarding this above all else (which I've already stated) then that's up to you, but I'm not the type of person that wouldn't argue for justice, actually my job is that I fight for others' rights so I damn well will fight for my daughters.

    I left my children there to get ready for the Disney show they were VERY excited about taking part in, I do not regularly leave my children with anyone.

    It saddening that some people think that claiming for damages of a huge travel company (TUI group) who have insurance against these claims, and who have a duty under the Act to provide safe facilities, is wrong or greedy. I'll bet these are the same people who think everyone on disability benefits is a faker and on jobseeker benefits is a shirker.

    Don't presume to judge me or my motives for something you have no idea about, and might I suggest that, in future, you read all the information before jumping in with your unfair criticism and unjust opinion. Luckily you are the minority here so I thank everyone else for their support and encouragement.
    • peachyprice
    • By peachyprice 20th Mar 17, 6:58 AM
    • 17,856 Posts
    • 40,662 Thanks
    peachyprice
    Let me clear some things up.

    I am after compensation. For my daughter. Not for me. If you think my attitude of trying to get an apology and admission of liability regarding this above all else (which I've already stated) then that's up to you, but I'm not the type of person that wouldn't argue for justice, actually my job is that I fight for others' rights so I damn well will fight for my daughters.

    I left my children there to get ready for the Disney show they were VERY excited about taking part in, I do not regularly leave my children with anyone.

    It saddening that some people think that claiming for damages of a huge travel company (TUI group) who have insurance against these claims, and who have a duty under the Act to provide safe facilities, is wrong or greedy. I'll bet these are the same people who think everyone on disability benefits is a faker and on jobseeker benefits is a shirker.

    Don't presume to judge me or my motives for something you have no idea about, and might I suggest that, in future, you read all the information before jumping in with your unfair criticism and unjust opinion. Luckily you are the minority here so I thank everyone else for their support and encouragement.
    Originally posted by S1446591

    I understand that you want the best for your daughter and that she does deserve monetary compensation for the permanent loss of her fingertip, BUT, why didn't you claim for that on the personal injury section of your travel insurance? It would have been easier and quicker and you could have put the whole sorry mess behind yourselves much quicker than attempting to drag it out with TUI.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • S1446591
    • By S1446591 20th Mar 17, 7:04 AM
    • 14 Posts
    • 21 Thanks
    S1446591
    I *did*. It was rejected and I was told (by my lawyer) to claim directly from thomsons insurers.
    • scovilleflamand
    • By scovilleflamand 20th Mar 17, 7:09 AM
    • 1 Posts
    • 0 Thanks
    scovilleflamand
    Hey! What's the outcome now? have you moved any step further.
    • peachyprice
    • By peachyprice 20th Mar 17, 7:10 AM
    • 17,856 Posts
    • 40,662 Thanks
    peachyprice
    I *did*. It was rejected and I was told (by my lawyer) to claim directly from thomsons insurers.
    Originally posted by S1446591
    Sorry, I didn't realise that. Bloody hell, that's shocking, that's what you take out insurance for surely.

    Have you taken that decision to the ombudsman?
    Accept your past without regret, handle your present with confidence and face your future without fear
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,479Posts Today

7,776Users online

Martin's Twitter