Accident abroad

eoin95

So recently on a surfing trip I had an accident. While surfing I went over on my ankle and did some ligament damage etc... Anyway, it was a few hours in hospital and cast and some physio.

The trip was arranged by an Irish surf school and I paid my money to them and they organised the holiday including surfing lessons (except flights).

I am left with a bill of a few hundred euro from the hospital and further costs when I got home. I did have travel insurance and my claim is in with them for hosptial expenses.

I am wondering where I stand in regards to the Irish surf school that I paid my money to, do they have any liability towards the costs of medical treatment? I know its not much but if the insurance comes back with nothing I might go back to the surf school. Generally I wouldn't go down this road but when it happened the surf instructors weren't that helpful and I got bundled into a taxi to the hospital, I just think it could have been handled better on thier part and they could have been a bit more helpful! I was travelling by myself so any bit of help would have been appreciated!

coylemj

If the medical insurance leaves you short, go and talk to a solicitor.

kilp10

Out of interest, why would you think the Surf School would have any liability regardless of how you feel they handled it? Surfing is a risk sport, you had travel insurance, you went over on your ankle (in the water presumably coming off your board?), they're not responsible for how you come off your board, you are... I don't get why people are so willing to sue when there's a level of personal responsibility involved especially with a sport like surfing. What would you do if it happened at a beach in Ireland where you were out for a normal surf with your buddies? You'd get it sorted and then get back surfing.

As an edit, I came off a windsurf board on a weekend course with a provider a few years back, went over on the ankle and ended up in a cast for 10days. But it never crossed my mind to sue them as it was my own fault for not paying enough attention to the depth of the water when coming off. I did go back and finish the course when I was better though...

Santa Cruz

I agree with kilp10. Check your policy but I can't see why any liability should attach to the Surf School. They could have handled it better is hardly sustainable when you were put in a taxi and attendance at hospital arranged.

eoin95

I worked in an adventure centre for years and I know that companies have a liability to keep people safe, that’s why you pay the companies and why (hopefully) they employ qualified instructors that understand the dangers and how to avoid or manage them. Now I understand that surfing is a risk sport and so there is an inherent risk of injury, but would it not be general practice for a company such as this that offers instruction in an environment where injury is very probable to have an insurance policy to cover incidents and accidents? And if this be the case would it not be normal practice that the company offer to assist in the immediate treatment of an injury with a view to claiming it on their own insurance.

I don’t want to get into the whole side of negligence on their part resulting in the accident but I could probably argue this case as the place in question was once an ideal surfing beech but now after the bad winter storms, has changed dramatically resulting in let’s say far from ideal conditions and the question arising on occasion, should beginners be surfing here at all?

Going to sue a company or person for something like this is far from where I’d like to be thinking but I feel that companies and individuals that offer these programs should offer to organise and cover immediate treatment necessary...

Paulw

Did they not advise you on booking that you should have your own travel insurance? Or maybe your travel insurance doesn't cover sports such as surfing? Some policies don't.

If they are not fully qualified to offer medical assistance, then they did the right thing in putting you in to a taxi and getting you to hospital for treatment.

If there is negligence on their part then maybe you have a case, but surely you also should have known better and raised your concerns before starting to try to surf?

coylemj

eoin95 wrote: »

Now I understand that surfing is a risk sport and so there is an inherent risk of injury, but would it not be general practice for a company such as this that offers instruction in an environment where injury is very probable to have an insurance policy to cover incidents and accidents?

Eh, no. The sport involves activities which can lead to injuries, same as skiing or skydiving. Accidents are to be expected and you should have your own insurance.

eoin95 wrote: »

And if this be the case would it not be normal practice that the company offer to assist in the immediate treatment of an injury with a view to claiming it on their own insurance.

They sent you to hospital in a taxi, if they went overboard offering assistance it could be construed as an admission that the accident was their fault.

I've no doubt that they have insurance to cover injury owing to negligence on their part but you can bet that their insurance company will typically fall back on the claim that the accident was nobody's fault and you should claim on your own insurance based on it being a simple accident.

eoin95 wrote: »

... I could probably argue this case as the place in question was once an ideal surfing beech but now after the bad winter storms, has changed dramatically resulting in let’s say far from ideal conditions and the question arising on occasion, should beginners be surfing here at all?

If you came to that conclusion before the accident, it could be claimed that you were reckless in participating in the activity if you recognised the dangers. If you only recognised the dangers after the accident then it could be considered to be wishful thinking in an effort to blame somebody else.

coylemj

sugarman wrote: »

Where were you? No European health insurance card?

You would need your head examined going on an activity holiday and relying on the EHIC.

eoin95

Thanks for replys, cant see it being pursued any further. Just was wondering more so!!!! And to be honest it wasn't actually me in this situation - it's a "I have a friend that..." scenario!! Probably best it's left there!

slimjimmc

sugarman wrote: »

Why? If it was in the Eu it would cover hospital bills regardless

Because it only entitles you to necessary healthcare on the same basis as the locals, i.e. it may or may not cover all costs. Depending on the country you may have to pay other expenses such as a daily charge, or pay for an ambulance, etc.

It also doesn't cover repatriation so if you needed to be flown home by air ambulance the EHIC won't cover it.

http://www.hse.ie/eng/services/list/1/schemes/EHIC/faqs/

coylemj

sugarman wrote: »

Why? If it was in the Eu it would cover hospital bills regardless

That's the theory. In Spain and other countries they have taken to demanding cash from tourists and the EHIC is about as useful as a chocolate teapot.

Travel insurance gets you treatment in private clinics and potentially repatriation, neither of which you'll get with the EHIC.

http://www.telegraph.co.uk/finance/personalfinance/insurance/travel/9960030/Holidaymakers-warned-as-Spain-blocks-EHIC-usage.html