Going to court over holiday!

[norlin]

we are in the process of making a claim re accident while on holiday its in the hands of a solicitor we now have draft schedul to sign to hand it over to barister - solicitor said we could fall into two catergorys 1st we should get at least x amount (company have just offered us slightly more ) or a higher amount if we fall into second catergory - not sure if we should accept first offer or go on with case - any advice?

[Loula]

Hi!

You needed to start a new thread for your own query!

Can you give me brief particulars and then I can advise you further.

Thanks

LOULA

[norlin]

Hi - basic details husband had accident while away - well didnt even make apartment had accident on way - holiday company insisted that coaches could not travel down lane - very dimly lit pot holes open drainage gullys - etc - but it later transpired that other companys were able to get thier coaches down - husband fell down uncoverd drain - we had been given no warning and rep was way in front with the only torch - had to call rep back he didnt know what to do and left us at side of road while he took others to accomedation (husband me 13 yr old 11yr old and 5mth old baby) - to cut a long story short the customer care was non existant husband ended up in corfu hospital for 3 days - I was left with kids and little money and not kept informed of what was going on - the rep concerned told us he would be back during the night and never came back in fact he handed his notice in that night and left the company - my husband needed an operation on his knee when we returned to this country and has since had a medical report saying it could be degenerative over the next 5-10 yrs which could effect his position as a fire fighter - the company have admited liability the draft schedule is ready to be signed but the company has now offered a sum slightly larger than the one the solicitor said we might be looking at in one catagory although not as much as she told us we might be looking at if it goes into another catagory - only got draft and notice of offer today so have not spoken to solicitor yet - dont know if it would be wise to accept the offer or not? was wondering if others had any experience or advice

[Loula]

Thank you.

Am I right in assuming your claim is through your Travel Insurance and not against the holiday company insurance?

LOULA

[norlin]

we are claiming against the holiday companies insurers - who have accepted liability with no argument

[Loula]

Morning!

Which insurance company is it?

I should then be able to assertain if this this the best and final offer you are likely to receive.

Thanks

LOULA

[norlin]

thanks for getting back to me - the company is vantage insurance services through olympic holidays - our solicitor has advised us to let the barister have a look at the draft scheduel and take his advice - your advice would be very much appreciated too - thanks again

[Loula]

VISL are a brokerage of Groupama.

Yes get the Barrister to have a look, but my gut feeling is that this the best they will offer. Groupama came out of the travel industry underwriting a few years back and surprisingly came back in with harder terms and lower settlements.

Good luck which every way you go. I would be very interested to hear how it al works out for you

LOULA

[norlin]

no harm to be done with letting barister take a look - been told could take around three weeks to get back to us - thanks for your help

[norlin]

Is the company known for making one offer and thats it? and have you had any dealings with them?

[Loula]

I have dealt with them as Groupama when I was underwriting this type of insurance.

As I do not know the full details of the claim I would suggest that you think realistically. Have you claimed for the 'lost' part of your holiday? They would only pay out a proportion of the holiday cost as you 'enjoyed' some of it, i.e. the flights and accommodation of sorts. Then look at what your solicitor advised would be the level of compensation applicable to this type of injury and the degenerative nature.
Finally think about the level of compensation you think is satisfactory for your family losing their holiday. Would another holiday of say £1500 be acceptable?

Once you have done these sums that should give you an idea of whether the offer is what you were expecting and also if Groupama are playing straight.

It is their 'job' to minimise the loss, but I have found them to be a reputable company and usually very straight with the claimants.

One of the biggest losses was through Groupama, and they carried out their end of the litigation professionally and with curtesy to those claiming.

I hope this helps. Any more queries, you know where I am.

LOULA

[norlin]

We will be playing the waiting game now - thanks for your help - take care Linda