What sort of air accident could I get compensation for?
There are three main categories of air accident. Who you can claim compensation from will depend on what type of accident you’ve been involved in:
1. An injury whilst on a domestic flight
If you were flying within a UK country, for example Glasgow to London, and suffered any form of injury or accident whilst on the aircraft you would be able to claim against the airline using UK law. If the flight was part of a package holiday you would also be able to claim against the tour operator.
2. An air accident on an international flight whilst travelling on a package holiday
If you were travelling on a package holiday you are contractually entitled to claim against the tour operator under the package holiday regulations, or against the airline direct.
3. A personal injury whilst on an international flight which was booked by yourself and not as part of a package
This type of claim falls outside UK law and instead you must rely on international law known as the Montreal Convention. This allows you to claim compensation for any form of physical injury you have suffered on an international flight. Not all countries are signed up to the Montreal Convention, and there are some exceptions to the types of injuries you can claim for. Our trained advisors can help you find out whether you have a valid claim.
Air Accident FAQs
What is the Montreal Convention?
The Montreal Convention is international law. It provides for compensation for personal injury or death to passengers, as well as passenger delay and baggage delay or loss.
What evidence will I need to make a claim?
Under the Montreal Convention, “strict liability” applies. This means that you do not have to prove that the carrier was at fault, only that an accident occurred causing injury or death, wounding or other bodily injury whilst embarking or disembarking or whilst on the aircraft.
What is the time limit for air accident personal injury claims?
In the UK an accident claim must normally be started within three years from the date of the accident, but if the accident was on an aircraft the time period is only two years from the date of the accident.
Where will my claim be brought?
There are several options available for where you can bring your claim, depending on:
- The home nation of the carrier
- The country where the contract was made or the ticket purchased
- The destination of the flight
- The home nation of the passenger
Air accident claims are governed by a specialised area of international law, which can seem complex and daunting. That’s where Accident Advice Helpline comes in. We have the experience needed to help you make a successful claim. We work with hundreds of solicitors nationwide all of whom work on a no win no fee* basis.
Call our 24-hour helpline on 0800 180 4123 to start your claim NOW.