Have you contacted and claimed off your own holiday insurance? You could allways try and contact one of the no win-no fee law firms who might take this on,i hope your girlfriend is on the mend.

Alan

The obvious question is what have you done about it since your return?
The completion of a "Complaint Form" in resort simply advises the TO - Thos Cook in this case -that you have a complaint. People are always advised to complete these even if they decide not pursue a claim on their return. It does not automatically trigger a response.
If you have not contacted them then basically they are still waiting to hear from you. The fact that it is so long ago will create problems if you now make a claim but I would advise that you write to them and see what response you get - refer to the complaint form you completed in resort when writing they will have it on file. I assume you still have your copy?

fwh

fwh

It used to be you had up to 6 years to make a personal injury claim against the tour operator....

If you wish to claim, take it up immediately as a personal injury claim and make sure to submit any photos and all paperwork that you have, including medical paperwork and receipts. Keep copies of everything and make sure you send it to their customer services department in writing by Registered Mail (not by email).

Write it in simple terms and point out exactly what happened, where the incident occurred and how it happened - just as you have on here. Don't bring any other complaints or incidents about the holiday unless they are directly linked to the accident.

Keep copies of everything

I would initially send them copies and keep the originals if possible.
I would also point out in the letter that you send that you have done this.

Yes, but you are requested normally to send the originals...

OP hasn't been back since ! I'll lay good odds that they didn't have travel insurance!

brewerdave wrote:

OP hasn't been back since ! I'll lay good odds that they didn't have travel insurance!

No we didn't have travel insurance and have now been in contact with a law firm who have taken the case on as in their words "travel insurance doesn't come in to it when someone else (Thomas Cook) is responsible for keepin standards in the hotel and have a duty of care to all people staying in accommodation they've approved"

Thanks for all your help and advice

I would be very careful if I was in your shoes.When you booked the holiday you entered into a legal contract and agreed to the Terms & Conditions. One of those is that you WOULD have adequate insurance. As you did not then you are in breach of contract. Just relying on the words of the solicitor before it goes to court might be a bit dodgy - and expensive.

Personally I cannot understand why anyone would go on holiday without insurance.

fwh

..also if you are considering going to Court I hope that you have the names and addresses of others who were there at the time,particularly any who have visited on multiple occasions and can testify that the leak was a long term problem.

fwh wrote:

I would be very careful if I was in your shoes.When you booked the holiday you entered into a legal contract and agreed to the Terms & Conditions. One of those is that you WOULD have adequate insurance. As you did not then you are in breach of contract. Just relying on the words of the solicitor before it goes to court might be a bit dodgy - and expensive.

Personally I cannot understand why anyone would go on holiday without insurance.

fwh

This matter has been discussed and it means we can claim hospital costs just actual compensation for receiving the injury and the ruined holiday. And just to put it out there we wud have been no better off money wise as the treatment received while on holiday cost less than insurance exess would have been anyway.

The case has been taken on as no win no fee so no issue if we go to court and nothing comes of it.

brewerdave wrote:

..also if you are considering going to Court I hope that you have the names and addresses of others who were there at the time,particularly any who have visited on multiple occasions and can testify that the leak was a long term problem.

And yes we do have the names and addresses of these people who have already given statements to the solicitor.

WillLedwith wrote:

brewerdave wrote:

OP hasn't been back since ! I'll lay good odds that they didn't have travel insurance!

No we didn't have travel insurance and have now been in contact with a law firm who have taken the case on as in their words "travel insurance doesn't come in to it when someone else (Thomas Cook) is responsible for keepin standards in the hotel and have a duty of care to all people staying in accommodation they've approved"

Thanks for all your help and advice

Travel insurance does come into it. It would have legal expenses and advice cover up to several thousands, and they would help you with bringing a court case if they thought it was applicable.

I agree with FWH. You signed a contract which said you agreed to the terms and conditions, and Thomas Cooks do say that you agree you have adequate insurance. Not sure being in breach of contract is a great way to try and win a case against them. You didn't even adhere to their complaints process.

Travelling without insurance is beyond stupid - it's completely irresponsible. You're just lucky it wasn't worse!

I agree with FWH. You signed a contract which said you agreed to the terms and conditions, and Thomas Cooks do say that you agree you have adequate insurance. Not sure being in breach of contract is a great way to try and win a case against them. You didn't even adhere to their complaints process.

Travelling without insurance is beyond stupid - it's completely irresponsible. You're just lucky it wasn't worse!

I didn't actually sign any contract nor did my girlfriend. Someone else booked the holiday and I think you'll find it's the holiday companies responsibility to ask u before boarding the flight to provide evidence of ur insurance policy. And in not doing so they have actually breached their side of the contract as set out in their own t's and c's.

And also where exactly did u get it from that we didn't adhere to their complaints procedure?

There is also this to consider.

my girlfriend fell in the hotel bar toilets

The location of the accident and time of day or night will be taken into account when deciding any liability. Funny how people think they are saving a few quid by not taking out insurance, at least until something goes wrong.

fwh

WillLedwith wrote:

I agree with FWH. You signed a contract which said you agreed to the terms and conditions, and Thomas Cooks do say that you agree you have adequate insurance. Not sure being in breach of contract is a great way to try and win a case against them. You didn't even adhere to their complaints process.

Travelling without insurance is beyond stupid - it's completely irresponsible. You're just lucky it wasn't worse!

I didn't actually sign any contract nor did my girlfriend. Someone else booked the holiday and I think you'll find it's the holiday companies responsibility to ask u before boarding the flight to provide evidence of ur insurance policy. And in not doing so they have actually breached their side of the contract as set out in their own t's and c's.

And also where exactly did u get it from that we didn't adhere to their complaints procedure?

Going off your initial post "We filled out a complaint at the time with Thomas Cook and haven't heard anything back in 7 and a half months." you didn't follow up your in resort complaint form, by writing to Customer Relations, within 28 days of returning home.

Whether you signed the contract or not, the lead name on the booking accepted the terms and conditions on behalf of everyone on that booking.
Not aware of the holiday company having to ask before boarding for people to provide evidence of your insurance. The lead passenger agreed that you did/would all have adequate insurance.

The OP seems to be missing several points.

They say

I didn't actually sign any contract nor did my girlfriend. Someone else booked the holiday

The fact someone else booked the holiday does not matter in the least. The Terms & Conditions state and ignoring them or lack of knowledge of the fact is no excuse in law.

As a condition of booking your holiday with us you'll need to ensure that all passengers take out travel insurance before you depart.

The T&Cs are not just for the benefit of the Tour Operator, they are there for your protection and you ignore them at your own risk.

I think you'll find it's the holiday companies responsibility to ask u before boarding the flight to provide evidence of ur insurance policy. And in not doing so they have actually breached their side of the contract as set out in their own t's and c's.

They do not need to check every customer, they have the right to request sight of proof and refuse travel if you are unable to provide it. I have in the past seen this done.

And just to put it out there we would have been no better off money wise as the treatment received while on holiday cost less than insurance exess would have been anyway.

This comment shows a lack of understanding of the purpose of insurance. Just because the cost in this particular case was less than the excess does not mean you have saved money. Minor accidents often do cost less than the excess - particularly if it is combined with treatment covered by the EHIC - but accidents by their very nature can often be very expensive and we read regular reports in the media about such things.

A no win no fee lawyer will be happy to take your case on - he gets paid either way due to the system but it is no guarantee you will win, neither is it a case that it will be at no cost to you. If the case goes to court your time and that of witnesses all have a cost.

fwh

And just to put it out there we would have been no better off money wise as the treatment received while on holiday cost less than insurance exess would have been anyway.

How do you know how much the excess would have been? You didn't have an insurance policy. Mine has no excess on it.

To add another complication to the case....... since the accident happened in the bar toilets
(and I am casting NO aspersions on Will's girlfriend)

I am sure I heard that insurers won't pay out if somebody is "over the limit"?

I'm wondering if medical teams now breathalyse accident victims for the benefit of the insurance companies?

Otherwise how do you prove anything?

Sorry to hear about the accident, Will, but as others have said, 0/10 for going away without insurance....what if her broken leg had to be set straight so she couldn't sit in a plane seat and had to be airlifted home?

I am sure I heard that insurers won't pay out if somebody is "over the limit"?

I'm wondering if medical teams now breathalyse accident victims for the benefit of the insurance companies?

My experience is there will be a part of the form completed by the holiday representative (and if in attendance at the time the accident was reported) of whether the claimant had been drinking or smelled of drink.

Unfortunately, the toilet of a bar is not the best place to have an accident when on holiday.... and if making a claim for a ruined holiday, don't be surprised if they request to see your holiday photos both before and after the accident if the matter does reach a court hearing.

Just to add my two-pennorth, it would appear that the accident was due to the mat skidding on the wet floor and for that the hotel would be held responsible, particularly as the roof had apparently leaked for a considerable time. Since Thomas Cook use this hotel for their guests I believe they would be jointly responsible.

I have recently had a claim against the county council settled for a fall caused by tripping over an uneven pavement which resulted in a broken elbow. The National Accident Helpline dealt with it for me and I was more than satisfied with them, though it did take 21 months before geting a settlement out of court. Incidentally the time limit for claims is still 6 years, though obviously the sooner one acts the better whilst recollections etc. are still clear.

You will need to have read carefully the notes from your solicitor regarding payment. In my case they took out an insurance on my behalf, which I signed over to them, which guaranteed payment of all costs if I lost the case or costs were not awarded against the defendant, provided I co-operated with my solicitor and accepted their advice at all stages.. I did not pay this insurance personally as it was listed as a 'disbursement' and therefore covered by the same insurance. Barristers' advice was sought at various stages regarding the likelihood of success and had this been considered unlikely the case would have been withdrawn with no cost to myself.

Discussions as to the inadvisability of travelling without insurance are irrelevant at this stage.