Need to claim for an accident on holiday - Who is best?

kms26

Hi,

I don't know if this is in the right place, please move it if it isn't.

Myself, my husband, my 3 children, my mum and my mother in law all went on holiday to Turkey. We came back the 28th May.

While we were out there my mum fell and banged her knee at the hotel by the pool and the 2 hours later my mother in law fell in the exact same place and broke her rib! :eek: My mother in law spent the night in hospital and had to pay £300 excess on the travel insurance.

My question is can we claim for this accident through on of these no win no fee companies? And can anyone recommend any?

Also when we came back our flight was delayed 3 and a half hours, the annoying thing was the same company had other flights going out that were scheduled later than ours and had no delays. Can i do anything about it?

Thanks for any help

Incapuppy

Sorry to hear about the accidents.

Did you not notice the excess when you took out the insurance policy? Often 'cheap' policies are exactly that for a reason.

Have you been advised why your flight was delayed? It could have been a technical problem which explains why your flight was delayed while others weren't.

kms26

My mother in law took her own travel insurance out :cool: i don't know if she knew about it or not but she did moan about it afterwards lol

We were given no explanation as to why we were delayed, but to be honest if it was a technical issue i wouldn't have wanted to know lol

Thanks for your reply.

apt

On the flight delay if you were flying with an EU airline you would have been entitled to a couple of phone calls and possibly a meal and drink. If you were on a package holiday you might have legal redress in this country for the accident. It might be difficult for you to prove your case as there would be some expectation that an area around the swimming pool is likely to be slippery and you need to be careful. If your mother reported her accident to the hotel and asked them to do something about the slippery area and they didn't do anything that would strengthen your case.

kazwookie

What does the small print on your hol insurance policy say about accidents?

1. Did you make sure a written report was loged by the hotel and hol rep if you had one?
2. Have you taken photos of the trouble spot as that 'may' help your case.

Hope the mun, amd MIL are both feeling better / on the mend.

dmg24

You do not appear to have established negligence - can you elaborate on this?

kms26

Thanks for your reply.

The pool where it happened had a non slip matting all around it but they have these 2 large dolphins that spit water out like fountains and it was just behind one of these that they both slipped. Neither of these dolphins had matting behind them and both mums had shoes on.

When my mum fell first, the staff saw what happened and just stood ther laughing!!!:eek: and made no attempt to make the area safe!

When my mother in law fell it was the same thing the staff just found it funny. We since found out that an elderly woman had broke her hand and a young girl cracked her head open in the same place 2-3 weeks before our accidents. :eek:

When the rep was told of our case she said she would make a report. But we never saw her again, instead we saw a different rep who did make a report about it, but that was it we never saw her again either.

kms26

kazwookie wrote: »

What does the small print on your hol insurance policy say about accidents?

1. Did you make sure a written report was loged by the hotel and hol rep if you had one?
2. Have you taken photos of the trouble spot as that 'may' help your case.

Hope the mun, amd MIL are both feeling better / on the mend.

They are both better now although my MIL is still really sore.

I'm not sure what the travel insurance says about it i will have a look.

We do have photos of the area, from all views too.

And the rep made the report.

kms26

dmg24 wrote: »

You do not appear to have established negligence - can you elaborate on this?

I think them not doing anything about the area when my mum fell first is their negligance, because if they had done something then my MIL wouldn't have fallen.

DrScotsman

kms26 wrote: »

I think them not doing anything about the area when my mum fell first is their negligance, because if they had done something then my MIL wouldn't have fallen.

"If person X had done Y then my MIL wouldn't have fallen".

There are many people and things you can substitute for X and Y to make that sentence true that you fully well know don't imply X is negligent. e.g. "If my mother had told my MIL not to stand there then my MIL wouldn't have fallen" "If I hadn't booked the flight then my MIL wouldn't have fallen."

You have demonstrated factual causation, one of the things required to show negligence, not all of them. Personally I doubt the hotel have breached any duty of care. I suggest you have a read on negligence.

kms26

DrScotsman wrote: »

"If person X had done Y then my MIL wouldn't have fallen".

There are many people and things you can substitute for X and Y to make that sentence true that you fully well know don't imply X is negligent. e.g. "If my mother had told my MIL not to stand there then my MIL wouldn't have fallen" "If I hadn't booked the flight then my MIL wouldn't have fallen."

You have demonstrated factual causation, one of the things required to show negligence, not all of them. Personally I doubt the hotel have breached any duty of care. I suggest you have a read on negligence.

Is there any need for that tone??

I was purely saying by the hotel not dealing with the incident before hand they showed negligence. And the fact the laughed when my mum fell was just pure rude. I would love to know your view on that one!!!

And how can you say they didn't breach duty of care when they could have prevented either of the my groups accidents from happening when the lady fell and broke her hand 3 weeks before!!! And surley it is their DUTY to keep their guests safe!!! And surely them not having any signs up saying slippery surface etc is negligence!! (although it is common sense)

I came on this forum for advice not for you to leave comments in tone you did!!!