Help! I had a bad bad accident on an international flight - None take responsibility

Status
Not open for further replies.
Similar reports about Malaysia Airlines (as an example) don’t seem to have an impact. There were a whole suite of articles on television about alleged sexual assault by a steward on an MH flight. Did everyone stop flying?

I'd suggest Malaysia Airlines repuation already was at rockbottom, after losing 2 aircraft with no survivors in just over four months. Many people had already stopped flying, and continue to boycott MH, as a result of these incidents. Further issues that might impact other carrier's repuations probably have marginal impact. Yet Emirates tends to be held in much higher esteem.

Sort of like hearing of another sexual assault allegation against Harvey Weinstein, Rolf Harris or Kevin Spacey, what reputation they had is long since gone, one more allegation will make no difference. Yet if similar allegations were made against {Enter name of random male celebrity who has had no accusations} the outcome on that person's reputation would be significant.

Although I agree with the thrust of what you are saying, even if the issue of the OP (in isolation) had a repuational impact via an ACA story , whether this would actually translate to a noticeable commercial impact is highly unlikely.
 
In that case the FOS will (most likely) have no influence / jurisdiction with AXA (Malaysia). Unfortunate. Seems that recourse against Emirates in the relevant jurisdiction would be the best recourse.

Unfortunately Emirates does not participate in the “ Australian Customer Advocate “ or that would have been an option :-/




Although I do not want to knock travel insurers it is a well known fact that Malaysian travel insurers make it virtually impossible to claim. not only do they take their time...they come up with the most ridiculous clauses … and in my case they just could not be bothered as they knew only too well themselves that dealing with an (int) airline is driving you to distraction. I've posted a message on Emirates facebook page, send them another prickly email, emailed current affair Channel 9 , 9news and Today channel 7, will now undertake to contact your suggestion and then I'm done. thank you for helping me, very much appreciated!
 
Now juddles you are running close to the wind.The OP has been married 51 years so she could be younger than me so definitely not elderly.Haven't you heard that 70 is the new 40?

Claire one benefit of bringing byour case to A current Affair or today they often get offers of help.Maybe even a lawyer who might take on your case pro bono.

Another avenue of help that you may not have accessed is a Palliative Care program.your husband would obviously qualify.But in cairns they do offer social work services and a good social worker often has a network of outside providers and definitely might be able to help with suggestions of a good lawyer.
Palliative Care Service homepage | Queensland Health
 
I wonder if the advice to contact one of the more well known "ambulance chaser" firms is not perhaps the best advice, but instead contact lawyers specialising in personal injury claims from aviation related accidents? (Aircraft ambulance chasers? :))

I just typed "aviation personal injury claims australia" into google and came up with whole raft of firms, for example:

https://www.pksimpson.com.au/blog/can-i-claim-compensation-for-an-injury-sustained-on-a-flight/
Aviation Claims Lawyer Sydney - Airline Compensation NSW
Airplane Accident Lawyer | Plane Crash Compensation Law Firm

and so on ...
 
I have similar mistrust of Singaporean travel insurers, and maintain an annual worldwide medical insurance policy sold in UK. Something that many contributors to this forum do not understand that consumer protection in SE Asian countries, such as Singapore and Malaysia, consists basically of a middle fingered salute to the consumer.
I have similar mistrust of Singaporean travel insurers, and maintain an annual worldwide medical insurance policy sold in UK. Something that many contributors to this forum do not understand that consumer protection in SE Asian countries, such as Singapore and Malaysia, consists basically of a middle fingered salute to the consumer.

Just heard from a lawyer who is willing to look into my claim: a travel insurance DOES NOT COVER ACCIDENT IN AN AIRCRAFT - see treaty Montreal = accidents in/on aircraft are the responsibility of airlines
 
I wonder if the advice to contact one of the more well known "ambulance chaser" firms is not perhaps the best advice, but instead contact lawyers specialising in personal injury claims from aviation related accidents? (Aircraft ambulance chasers? :))

I just typed "aviation personal injury claims australia" into google and came up with whole raft of firms, for example:

https://www.pksimpson.com.au/blog/can-i-claim-compensation-for-an-injury-sustained-on-a-flight/
Aviation Claims Lawyer Sydney - Airline Compensation NSW
Airplane Accident Lawyer | Plane Crash Compensation Law Firm

and so on ...


THANK YOU SO MUCH for this link, I've had contact with a lawyer who is so kind to look into my claim - THANK YOU FOR POSTING THIS VERY VALUABLE LINK - I have also bene informed by this kind lawyer that accidents in/on aircrafts are NOT COVERED BY TRAVEL INSURANCE - so remember this as this is very very important!!! Thank you again for this link!
 
Just heard from a lawyer who is willing to look into my claim: a travel insurance DOES NOT COVER ACCIDENT IN AN AIRCRAFT - see treaty Montreal = accidents in/on aircraft are the responsibility of airlines

dajob…. you hit the nail on the head...no matter what you insure in SEASIA...the chance of getting even an answer is remote let alone that your claim is honoured! they go out from the point that you as a westerner have money growing on your back and you water those plants in a daily shower...ij other words forget it cos you never ever will get anywhere or win!
 
Last edited by a moderator:
Montreal doesn’t preclude anything. But how exactly is a piece by ACA going to cost the airline millions? Similar reports about Malaysia Airlines (as an example) don’t seem to have an impact. There were a whole suite of articles on television about alleged sexual assault by a steward on an MH flight. Did everyone stop flying?


No, I did not stop flying however I did change the airlines I prefer!
 
The Montreal Convention is the exclusive avenue for legal action where an accident has occurred on board an international flight.

Unfortunately the public doesn’t seem to pay much attention to reputation when it comes to these things. Malaysia Airlines is fighting victim’s families tooth and nail to get out of paying under the Montreal Convention. Apart from a couple of us, no one else seems to care (public, media, politicians all included).

Malaysian Airlines will fight any claim simply because it is in their blood...getting a claim honoured in SEASIA is something which will never ever happen in your lifetime. It is never ever their fault....always yours!!!
 
Forgive me, but I suspect the legal world is not so bound. A story within Australia that an elderly person was so outrageously treated by Emirates, and left crippled, could hurt Emirates very badly. And Qantas too because of their close ties.

The trauma I sustained was considerable, I was blatantly ignored, was ordered off the aircraft after all passengers disembarked so I did not have a choice. I was however so bright to write on a bit of paper what had happened and handed it to an EMIRATES crew member who walked away with it. EMIRATES crew flatly refused to give me the form to lodge after the accident. Luckily I kept all boarding passes/itinery etc etc. + all the specialist reports/Xrays etc etc. this is not over yet. A kind lawyer is looking into the matter this minute so time will tell
 
Elevate your business spending to first-class rewards! Sign up today with code AFF10 and process over $10,000 in business expenses within your first 30 days to unlock 10,000 Bonus PayRewards Points.
Join 30,000+ savvy business owners who:

✅ Pay suppliers who don’t accept Amex
✅ Max out credit card rewards—even on government payments
✅ Earn & transfer PayRewards Points to 10+ airline & hotel partners

Start earning today!
- Pay suppliers who don’t take Amex
- Max out credit card rewards—even on government payments
- Earn & Transfer PayRewards Points to 8+ top airline & hotel partners

AFF Supporters can remove this and all advertisements

This may be complicated if the insurance was taken out in Malaysia, whilst the OP was resident in Malaysia. FOS are not relevant for a non-Australian travel insurance policy.

Although it's still not clear if the travel insurance was with AXA (Australia) or AXA (Malaysia).

Insurance was with AXA MALAYSIA
 
Malaysian Airlines will fight any claim simply because it is in their blood...getting a claim honoured in SEASIA is something which will never ever happen in your lifetime. It is never ever their fault....always yours!!!

MH is fighting the claims here in Australia - in the Australian courts.

But on your other news... that's a fantastic outcome! Glad you have got the legal assistance you need. Now do make sure you keep in regular contact with your lawyer, and if it looks like there will be any delays, get them to move quickly (or seek a new lawyer). The time limit for claims is strictly 2 years.
 
This may be complicated if the insurance was taken out in Malaysia, whilst the OP was resident in Malaysia. FOS are not relevant for a non-Australian travel insurance policy.

Although it's still not clear if the travel insurance was with AXA (Australia) or AXA (Malaysia).

I was resident in Malaysia as well as Australia simply because I'm the sole carer of my terminally ill husband. We were relocating for him as age care is non-existent. My husband is a born and bred (3rd generation) Australian. I had to travel back/forth to Malaysia to take care of all our affairs there. My husband stayed close to a year in the Royal Melbourne Hospital, later on at TCP Parkville and when he was well enough to travel I took him to Cairns. He's still alive and worships the ground I walk on, and that after 51 ++ years marriage. So that's the whole story
 
Claire, as per harvyk, we see many one post rants, so that can get me upset. But I see now you have come back, and so this changes for me.
I used the phrase "badly stained wine stain" not as a "dumb uncalled for remark", but rather as a way to emphasise that we (the AFF community to which you reach out to) had no details on which we can try to help.



Claire, what I understand from your posts is the following:

1.- You were travelling business class.
2.- You went to the bathroom while there was no turbulence and thus no prohibition of movement.
3.- As you exited the bathroom there was an event of bad turbulence that caused your injuries on your way back to your seat.
4.- Due to this you suffered extremely serious injuries.
5.- You tried to report this to the staff but they ignored you in fear of their jobs.
6.- You were not drunk, nor any other factor that could assign culpability to you.
7.- I hesitate to mention your "age", but you have given enough info to assume you are what in Australia we would call "elderly".
8.- You had travel insurance, who are ignoring you.
9.- Emirates, a leading global carrier, is also ignoring you.
10.- You have suffered permanent injuries.

I just cannot wrap my brain around why no lawyer will assist you. You seem, on the info you give, to have a SPECTACULAR case that a good lawyer could literally make millions of dollars from.

What am I missing here?


I have received an email from a kind lawyer who's looking into the matter now. I have mailed a lot of proof of my accident. Time will tell
 
That sounds a good outcome so far. At least once your kind lawyer has had a review you might take some comfort that at last your situation has been independently reviewed. And whatever they say might be easier to accept if it isn’t the full outcome you are seeking.
 
It just shocks me that any corporstion thinks its ok to ignore importsnt correspondence even if its not their problem


A simple, not our problem would put matters to rest from their perspective
 
Status
Not open for further replies.

Become an AFF member!

Join Australian Frequent Flyer (AFF) for free and unlock insider tips, exclusive deals, and global meetups with 65,000+ frequent flyers.

AFF members can also access our Frequent Flyer Training courses, and upgrade to Fast-track your way to expert traveller status and unlock even more exclusive discounts!

AFF forum abbreviations

Wondering about Y, J or any of the other abbreviations used on our forum?

Check out our guide to common AFF acronyms & abbreviations.
Back
Top