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Injured on package holiday

Hello,
Just joined as I need some advice regarding a holiday problem.
While on holiday in the Dominican Republic I suffered a broken foot when playing an organised game.
My travel insurance are hopefully settling my hospital treatment bill but under their personal injury policy have refused to help me claim compensation as their policy exclusions include "Expenses incurred in pursuit of any claim against a travel agent,tour operator,carrier" and the insurers themselves.
My holiday was ruined by this accident and I flew home with my foot in plaster and in considerable discomfort and then I have been off work as a result being unable to drive.
My travel insurance solicitors have suggested contacting an independent solicitor with a view to no win no fee arrangements.
I have also looked into making an ABTA claim against the tour operator and possibly a charge back claim as the holiday was fully funded on a credit card.
Any suggestions on how to proceed would be apprieciated
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Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    What are you making a claim for, were the travel company negligent or did you have an accident?
    Gone ... or have I?
  • hartcjhart
    hartcjhart Posts: 9,463 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    will somebody please think of the children
    I :love: MOJACAR
  • stephb34
    stephb34 Posts: 2,064 Forumite
    Part of the Furniture Combo Breaker
    If u played an organised game in this country could you make a claim, if yes then claim off them, if no then unlucky its just 1 of them things (an accident)
  • KonkyWonky
    KonkyWonky Posts: 650 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    How did the "accident" occur?

    Unless we know that then it is impossible to advise you.

    If it was a simple "accident" like you say then why would you be entitled to any compensation? To be entitled to compensation someone has to have been neglectful.
  • steve2006 wrote: »
    Hello,
    Just joined as I need some advice regarding a holiday problem.
    While on holiday in the Dominican Republic I suffered a broken foot when playing an organised game.
    My travel insurance are hopefully settling my hospital treatment bill but under their personal injury policy have refused to help me claim compensation as their policy exclusions include "Expenses incurred in pursuit of any claim against a travel agent,tour operator,carrier" and the insurers themselves.
    My holiday was ruined by this accident and I flew home with my foot in plaster and in considerable discomfort and then I have been off work as a result being unable to drive.
    My travel insurance solicitors have suggested contacting an independent solicitor with a view to no win no fee arrangements.
    I have also looked into making an ABTA claim against the tour operator and possibly a charge back claim as the holiday was fully funded on a credit card.
    Any suggestions on how to proceed would be apprieciated

    Can't you claim from the organisers?
    Be happy, it's the greatest wealth :)
  • ferf1223
    ferf1223 Posts: 8,936 Forumite
    Part of the Furniture
    stephb34 wrote: »
    If u played an organised game in this country could you make a claim

    Only in certain circumstances though...I'm terribly curious about what actually happened now...especially as the OP did refer to an 'accident'.
    Does remembering a time that a certain degree of personal responsibility was more or less standard means that I am officially old?
  • mchale
    mchale Posts: 1,886 Forumite
    steve2006 wrote: »
    Hello,
    Just joined as I need some advice regarding a holiday problem.
    While on holiday in the Dominican Republic I suffered a broken foot when playing an organised game.


    Don't be so competitive in future :rotfl:
    ANURADHA KOIRALA ??? go on throw it in google.
  • mr_knight
    mr_knight Posts: 943 Forumite
    I have no idea if you can claim or not. One of the most helpful places for information is here : http://www.holidaytravelwatch.net/

    They will tell you a) if you can make a claim and b) find you a suitable solicitor.

    HTH's
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 April 2011 at 7:36AM
    Depends how the injury was caused. If it was broken due to malicious or wilful carelessness by another competitor then you could sue them. Or if the pitch had a hole in it and you tripped, you could sue the site owner. If it was a genuine sporting accident, who else do you think is to blame?
    I don't see how the organisers can be to blame unless the 'organised game' was inherently dangerous.
    Since you don't give any details of how the injury occurred it's difficult to comment otherwise.
    Your travel insurers appear to have done what the policy is intended to do: i.e. to cover your local medical treatment and repatriate you if required.
    No free lunch, and no free laptop ;)
  • Pollycat
    Pollycat Posts: 35,699 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    steve2006 wrote: »
    Hello,
    Just joined as I need some advice regarding a holiday problem.
    While on holiday in the Dominican Republic I suffered a broken foot when playing an organised game.
    My travel insurance are hopefully settling my hospital treatment bill but under their personal injury policy have refused to help me claim compensation as their policy exclusions include "Expenses incurred in pursuit of any claim against a travel agent,tour operator,carrier" and the insurers themselves.
    My holiday was ruined by this accident and I flew home with my foot in plaster and in considerable discomfort and then I have been off work as a result being unable to drive.
    My travel insurance solicitors have suggested contacting an independent solicitor with a view to no win no fee arrangements.
    I have also looked into making an ABTA claim against the tour operator and possibly a charge back claim as the holiday was fully funded on a credit card.
    Any suggestions on how to proceed would be apprieciated

    Why are you thinking about a charge-back? You HAVE received part of the holiday package you paid for - at least return flights and some (maybe all) nights/food/drink in the hotel.

    You seem to be considering a scattergun approach at anybody and everybody who had anything at all to do with your holiday.

    If you want advice on whether you have a reasonable claim, check out:
    http://www.holidaytruths.co.uk/

    They have a specific 'complaints' board and have a team of solicitors who offer free, impartial advice.
    All the details are there.
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