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£6,000 in Compensation for Coach Accident on Package Holiday

When two of our clients were injured in a road traffic accident on holiday the fact that the accident happened on an excursion booked with Thomson Holidays meant that they could sue tour operator.

Our clients were staying at the Thalassa Monastir hotel in Tunisia for seven nights – and had booked their package holiday through TUI (UK) Limited. When they arrived in the resort they were unhappy with the hotel owing to building work so they booked an overnight excursion with the Thomson to the Sahara Desert.

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Excursion turns to Holiday Accident Nightmare

On the morning of the second day of the excursion our clients were travelling on a coach transfer taking them to the latest sights, when the vehicle they were travelling in drove over a speed bump and they were thrown from their seats.

The first client struck the luggage hold inside the vehicle and banged his left shoulder, in which he developed severe pain. He visited his GP on returning to the UK and was referred to hospital, where doctors found he had sustained a fracture to the greater tuberosity of the left humerus, a type of shoulder injury.

Our client was fitted with a sling but ongoing symptoms meant he was admitted to hospital for a procedure to relieve the pain and swelling in his left shoulder. However, the symptoms of pain continued and our client developed numbness down his left arm and little finger. He underwent various treatments, including nerve conduction studies to test functionality in the shoulder joint.

The force of the accident resulted in our second client being thrown upwards and she struck a light fitting, which subsequently broke. Our client sustained a laceration to her head, which bled profusely. Upon returning to the hotel Thalassa Monastir, a local doctor sutured the wound. However, on her return home to the UK, our client developed neck pain and continued to suffer from headaches for a period of six months.

Legal help with Tunisian Accident Claim

The lawyers for Thomson denied any liability for our clients’ injuries – and said that any liability for our client’s injuries should be addressed to the tour company which had organised the tour.

Our clients were able to make a claim because Thomson were responsible for taking reasonable skill and care under the Sale and Supply of Goods and Services Act 1982. It was alleged that had the coach driver been obeying speed limits, the accident would not have happened at all.

To progress the claim we obtained an expert medical opinion for our clients, who undertook a review of our clients’ medical records and injuries.

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In the case of our first client, the consultant advised that he felt our client had been misdiagnosed and had sustained a whiplash-type injury which had caused the symptoms in his arm, rather than a fracture of the left humeral greater tuberosity. He also advised that all symptoms of the whiplash injury should resolve themselves within a year of the accident – and any ongoing symptoms could not be attributed to the accident.

In the case of our second client, the medical expert confirmed that she had sustained a laceration to her scalp and a minor cervical sprain – a type of neck injury – as well developing post traumatic headaches, sleep disturbance and loss of appetite. It was expected that our client’s symptoms would fully resolve themselves within five months of the accident.

Claiming Holiday Accident Compensation

After negotiation, the tour operator still declined to accept liability, but agreed to pay our first client £3,500 in compensation – and our second client £2,500 in compensation.

We were able to accept the case on a no win no fee basis and so both clients got to keep 100% of their compensation, while the other side paid their legal costs. Our clients had also taken out special insurance to protect themselves from paying the tour operator’s legal costs, known as after the event insurance.

If you have been injured in an accident on a package holiday, phone Simpson Millar’s friendly specialist travel claims team or complete the online enquiry form. One of our friendly holiday lawyers will give you a call straight back.

Dated: 02/12/2013

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