Compensation for woman who lost leg in coach accident
After a three-year battle for a insurance claim for her amputated leg, a nurse won a victory against travel firm Thomas Cook in 2005. The coach accident happened the day before the family were due to leave the resort of […]
After a three-year battle for a insurance claim for her amputated leg, a nurse won a victory against travel firm Thomas Cook in 2005.
The coach accident happened the day before the family were due to leave the resort of Side in Turkey. 40 year-old Sharon Healy suffered serious injuries and, although Turkish doctors had struggled to save her leg, the decision was taken by doctors in the UK that they would need to amputate from the knee down.
Despite Mrs Healy booking the coach trip with a Thomas Cook representative, her claim for coach accident compensation was turned down because she had allegedly not booked the day trip before arriving at the resort. The Lancashire woman has now won her battle to claim with the support of Thomas Cook for compensation for her terrible injury in Turkish courts.
‘Get-out clause’
Mrs Healy had taken out comprehensive insurance when she booked the £1,000 holiday, but was told that her insurance for the coach trip was invalid according to the 1992 Package Holiday Regulations, because she had purchased the excursion in the Turkish resort.
Voicing her dismay at the way Thomas Cook had treated her in appealing to what she called a “get out clause,” Mrs Healy said “It was a horrific accident and my life was turned upside down,” (The Telegraph, 2005). She asserted that she had not been warned against incomprehensive insurance when she booked the trip.
Ambiguous
In 2005 the UK Insurance Services Ombudsman found Mrs Healy’s claim in favour, and ordered Thomas Cook to assist her in her compensation claim. They ruled that the Thomas Cook insurance policy was ambiguous, saying it was a tour operator’s responsibility to make such terms clear to customers before their trip.
Mrs Healy has now taken up work as a ward clerk, after having to give up her career in nursing after her operation. She has now filed a case against the Turkish coach company involved in the coach accident for £100,000. Thomas Cook said it would be “inappropriate” to comment.
Making a claim for compensation following a coach accident
Although this claim appeared at first to be straight forward, Mrs Healy had taken out insurance which she believed would cover her in the event of an incident, such as the coach accident which resulted in the loss of a leg, this proved not to be the case.
Without the benefit of expert legal advice, Mrs Healy may not have won her case against Thomas Cook. It is always worthwhile taking legal advice from a specialist solicitor particularly if you suffered an accident while on holiday abroad.
Macks Solicitors offer free legal consultations to victims of coach accidents in this country and abroad without obligation. Simply dial Freephone 0800 980 9384 or complete the Online claim form to discuss your claim with an experienced solicitor.