Holiday Sickness Claim Question

jamesjones882

Hi All,

Not really sure whether this is OK to place here or even discuss, so please if it isnt just let me know via pm and Admin please instruct me on if and where I can discuss my issue in relation to Holiday Sickness claim.

I am currently using a company for a claim I had made, nearly 2 years ago now and we are still, estimated to be a year away from a court date.

In short, I was sick on holiday 4 years ago to cala llonga in Ibiza, to propose to my fiance, when I was struck down the night before we were leaving with severe food poisoning. Symptoms came on in the evening and lasted for hours upon hours where my other half had to call the reception for ambulance advice. I was advised to go private and through insurance as going to state hospital would perhaps mean I may not make by flight back the next day (evening).

So a private doctor was called out, who seen me, gave me an injection in my back and then advised I go to a hospital/clinic. I ended up being driven to the clinic in San Antonio and being put on a drip with several things injected into the solution. I was kept there until the drip had finished and then was told I was able to leave if I wanted to mid morning on the day I was leaving.

I didnt eat a thing and only drank water for the next few days as I didnt want to repeat any of which I had experienced. Nothing short of horrific. Whilst at the clinic they did some blood tests for me also of which the results I had kept as well as all notes.

Upon my return I had put in my claim through Columbus Direct, who were absolutely brilliant and I will continue to use them again. They kept only my excess and paid out for everything else with no argument.

So I have been fighting tooth and nail and now I am being told, that due to the amount of fake claims, mine will now be diminished, if I am even successful!

I find it massively unfair actually and I am being told that, if successful at all with an offer to settle prior to court date, that I will be lucky to get 1k out it, considering the holiday cost me more than that, let alone anything else.

Has anyone any success stories or any advice on here at all? Should I consider the early settlement or just carry on fighting, even if it is another year away, at that point 5 years down the line!

Thanks all.

Gloomendoom

jamesjones882 wrote: »

I find it massively unfair actually and I am being told that, if successful at all with an offer to settle prior to court date, that I will be lucky to get 1k out it, considering the holiday cost me more than that, let alone anything else.

How much were you originally expecting to get?

martindow

Were other people affected and are you sure it was food from the hotel? It is going to be hard to claim they have been negligent if it is just you.


You only missed out on the last few hours of your holiday by the sound of it and you have claimed successfully for the medical costs so you are only out of pocket for the excess.


I'm sorry if this sounds harsh but it seems like one of those things that could happen anywhere. If something unpleasant happens it doesn't automatically mean someone should be paying compensation.

NoodleDoodleMan

Who is your claim against ?

The hotel where you stayed ?

If you were on any board basis other than All Inclusive the defendant will question (not unreasonably) if your illness could have been caused by eating elsewhere.

The fact that your intended did not fall ill as well will raise other questions along the same general lines.

z1a

So you had a good holiday apart from the last night. If you were there for 7 nights 1/7th cost of holiday sounds fair.

Archergirl

You were sick, you got better, you got home, the insurance paid. I can't see you have a problem never mind a case....

Sooler

Says here symptoms need to have persisted for several days for any chance of anything over £700
https://www.bottonline.co.uk/holiday-claims/guides/holiday-sickness#much

The Package Travel Regulations offers legal protection beyond the compensation amount. Claims can also be made for the following if applicable to your claim.


Diminution in Value; Usually the cost of accommodation for the days you may have been affected by the illness.
= 1 night? in and out of the clinic in 1/2 a day.



Out of pocket expenses; You may be able to claim for any expenses you've incurred due to being ill. This could be for costs of seeing a doctor while abroad, the cost of the medication, through to taxis to get to the doctor or hospital.
= just the Columbus Direct excess? (Columbus Direct already refunded all other Out of pocket expenses?)



Loss of enjoyment; In cases where enjoyment of your holiday has been lost, such as you or your family members being confined to your hotel room for the length of your holiday, a claim could be made for the loss of the enjoyment you could have expected if you hadn't been ill.
= 1 day?


OP doesn't need to expend any energy fighting tooth and nail! , that's why the Claim Co earn a fee, they do the work.
Sit back and forget about it - you'll either get something or you won't.

elsien

Did your tests confirm any particular strain of food poisoning? What evidence do you have that the hotel were at fault?
Who is advising you - a no win no fee solicitor?

jamesjones882

Thanks for the responses all.

I guess it was on advice to do it in the first place and what I was told in the first place, is the point I came under an illusion as to what outcome would be.

I ended up back at the doctors once I arrived home, as I was still suffering up to about 10 days afterwards, which was the main issue as I was sent home from work and all this evidence was provided including reports from my doctor.

It was one of those, 'I didnt realise that I could actually do anything about what happened'. The period afterwards was awful. Never going all inclusive again that is for sure and I actually havent been abroad again since then.

You guys are right though, be happy with whatever the outcome. Anything is a bonus. I just guess that seeing all those putting in fake claims whereas I actually had blood tests and diagnosis from abroad and at home that I thought, I do actually have a real case.

Thank you all though appreciate your opinions

koalakoala

What did the tests prove?

Gloomendoom

jamesjones882 wrote: »

Thanks for the responses all.

I guess it was on advice to do it in the first place and what I was told in the first place, is the point I came under an illusion as to what outcome would be.

I ended up back at the doctors once I arrived home, as I was still suffering up to about 10 days afterwards, which was the main issue as I was sent home from work and all this evidence was provided including reports from my doctor.

It was one of those, 'I didnt realise that I could actually do anything about what happened'. The period afterwards was awful. Never going all inclusive again that is for sure and I actually havent been abroad again since then.

I can sympathise. After ending up in hospital in similar circumstances in Malta and an equally bad experience in Portugal a couple of years previously, I decided only to do self-catering from then on.

My ex-wife wasn't too chuffed.