Overseas accidents involving Australians leads to new insurance warning
- Written by Carter Capner Law
A spate of Aussies being injured while travelling overseas has promoted a leading travel injury compensation lawyer to urge travellers to check the fine print in their travel insurance and to think about a plan should there be an accident while holidaying.
Recently a New South Wales woman was reportedly denied an insurance payout after suffering serious injuries while holidaying in Greece, while a Perth man crashed on a motorbike while riding in Romania, and again his travel insurance didn’t pay.
Australians were also caught in the recent Bali boat accident while a Sydney teenager was injured snorkelling in Thailand.
Director of Carter Capner Law, Peter Carter says far too many travellers assume they're guaranteed protection by taking out travel insurance but that it’s common for claims to be denied by insurers.
"Insurers often conceal ambiguous policy exclusions in the fine print and in many cases the fine print is not made obvious to customers.”
He pointed to what insurers term “high risk activities” like riding a motorbike or jet skiing, and also to the consumption of alcohol as ways insurers can deny a claim.
“Keep in mind that insurers are in the business of claim denial. It’s part of their business model,” he said.
Mr Carter said travellers should also be aware that in the event of a serious accident, insurance will often not be enough, and “when they return life may not be the same if the injury affects their employment or way of life.”
He advised travellers to book as much of their trip as possible in Australia, as there is a higher likelihood of legal recourse.
“To receive the compensation needed to cover serious injury and the ongoing expenses, you may have to seek legal compensation upon your return, and you will have better prospects if this involves an Australian company.
“It’s more difficult if you booked through a small, local outlet in a far-away country.”
His recommendations for travellers before they leave Australia are:
* Choose your travel insurance carefully and check exclusions, as many will not cover what they may deem dangerous activities like skiing or jet boating.
* Book as much of your trip in Australia, as there is a higher likelihood of legal recourse.
* If injured and the travel insurer refuses to pay, challenge this legally, as they may be obligated to pay under the law.
* If you have an accident while overseas, you will need evidence of what happened, so leave a trail. This includes reporting details to local police and emergency services, and ensuring as much as possible is recorded or filmed. You will need proof.
* If injured, explore your legal options when you arrive back. Travel insurance stops on your return but there are other legal avenues that might help you.
Carter Capner Law
