According to PR Newswire, travellers who drive whilst on holiday are being urged to take out extra cover, so that they are not left vulnerable if injured in a road traffic accident whilst abroad.
Katherine Allen, head of the Travel & International Litigation team at Fentons Solicitors, highlighted that standard insurance policies taken out when hiring a car abroad will often only insure a person for the minimum level of insurance required in that country. In addition, any motorist causing an accident in which they are injured might also only have insurance to the minimum levels. This would prevent injured parties receiving the appropriate levels of compensation if an accident did occur.
Katherine went on to explain "Not all countries have the same laws governing responsibility in the event of an accident, and they also have varying attitudes when it comes to setting levels of compensation for those injured. Although we are used to the luxury of unlimited liability insurance in this country, this is not the norm internationally. This means that although someone might be suitably compensated were they to sustain a serious injury in this country, they might not receive anywhere near the same amount in a different country."
Fentons Solicitors Katherine Allen, who is a member of the Travel and Tourism Lawyers Association, the Pan-European Organisation of Personal Injury Lawyers (PEOPIL), and is the Secretary of the PEOPIL Road Traffic Accident European Exchange Group, said that the disparity relates not just to European countries, but also further afield including the USA.
"There are limits in each country, and sometimes within particular parts of each country. For example, in the USA, the minimum insurance coverage required for death and personal injury in the state of California is set at $30,000. It's obvious that such a low amount will not even cover the expenses encountered by someone who sustains a serious injury and who will require constant and lengthy periods of care and rehabilitation, which is why it is vitally important to ensure that top-up insurance is bought when hiring cars."
Insurance policies offered by most reputable car rental outlets can be extended to include something called "top-up cover". "The terms of such cover can vary significantly and you will need to check exactly what benefits it provides to determine if it is worth having," she said.
"However if you get the right policy it will very often provide a driver and their passengers with additional insurance cover that will pay out, even if that driver was not responsible for the accident. Like most holidaymakers I myself am very cynical when it comes to buying any extras or ticking a box that means I'll end up paying more for a service than I was originally quoted, but in this instance it is vital," said Katherine, who was recently listed as a Leader in the Field of travel litigation by Chambers & Partners, a listing of noted firms and lawyers in the UK. "I've personally dealt with a number of cases where the injured and innocent victim has been left unable to pursue the appropriate level of compensation, simply because the insurance policy cap had been reached.”
"In one instance, I was only able to recover $100,000 in a case where a young child was blinded in a road accident whilst abroad. If the incident had occurred in the UK, or if top-up insurance had been taken out at the time of hiring the vehicle involved in the incident, we would have been able to secure significantly more on behalf of the victim."
Whilst the extra cover available on hire car agreements can be capped, it would help ensure that at least a more appropriate level of damages could be achieved for anyone unfortunate enough to need to make a claim.
Fentons Solicitors has a specialist department experienced in handling claims relating to holiday accidents and illness.