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

[Claire Wilson]

Hi, I'm new here … I might have chosen the wrong place to ask this question however I'm really running out of time so please help me... had a bad bad accident on an international flight - international airline carrier, they've refused to acknowledge my complaint waited a long long time and referred me back to my travel insurance company who said "no our problem go to airlines" this has been going on for over 1.5 years and I'm running out of time. So where do I go now, your reply is highly valued, regards, Claire Wilson

 

[Pushka]

Hi Claire, sounds nasty but we really need to know more before we can think of how to help.

 

[burmans]

I think you need to provide more detail on the nature of your incident before anyone can offer any sort of useful advice.

 

[Denali]

What sort of "bad accident" is still troubling you after 18mths, especially if your insurer declined your claim.

 

[juddles]

I think this is a classic new member thread without info. Can we all just wait for some scant info (as per Puska's post).

If the Op furnishes same, great. If not, let's not let it continue with the inevitable speculation and agendas.

 

[MEL_Traveller]

Hi, I'm new here … I might have chosen the wrong place to ask this question however I'm really running out of time so please help me... had a bad bad accident on an international flight - international airline carrier, they've refused to acknowledge my complaint waited a long long time and referred me back to my travel insurance company who said "no our problem go to airlines" this has been going on for over 1.5 years and I'm running out of time. So where do I go now, your reply is highly valued, regards, Claire Wilson

You need to go and see a lawyer who has some knowledge of aviation law.

Accidents on board aircraft are covered by the Montreal Convention, which makes the airline liable up to a prescribed limit. Your lawyer will research the Convention and determine your eligibility, but a physical accident should be covered. You have two years to lodge the claim.

 

[BAM1748]

As other have said, details.

What airline, date, what route and what was the occurance?

 

[serfty]

I have had this reply to my email informing the OP of the thread creation:

no, so sorry can't revisited the website laptop is playing up. I'm in the process of transferring my data to my new laptop but that takes a lot of time! I can give you my email, I am really really in need of help, I know that there is an worldwide agreement (Montreal 199 I think) stating that airlines are responsible when accidents are occurring in airplanes. My deadline is July 27, 2018. Emirates refuses to reply and has been playing with me since the accident on July 27, 2016. Travel insurer AXA refuses to act on it telling me to go to airlines. In the mean time I've had to undergo surgery to the badly damaged knee and my hand + wrist are a write off. I do have all boarding passes/itinery/Xrays etc etc.

 

[MEL_Traveller]

I have had this reply to my email informing the OP of the thread creation:

Thanks Serfty.

The response should be that the OP goes immediately to a lawyer who can file the claim in time. It doesn't look like there is any avenue for the OP to pursue directly with the airline (given they are not entering in to correspondence). And nothing the insurer is willing to do. Legal advice needs to be sought ASAP.

 

[Pushka]

Thanks Serfty.

The response should be that the OP goes immediately to a lawyer who can file the claim in time. It doesn't look like there is any avenue for the OP to pursue directly with the airline (given they are not entering in to correspondence). And nothing the insurer is willing to do. Legal advice needs to be sought ASAP.

I have no idea about the Montreal agreement etc but surely accidents happen in all manner of places and is it the possibility that the insurers have said No because there are other avenues to pursue - eg Public Liability? In which case this begs the next question, can they likewise refuse insurance in say, a Hotel? Restaurant etc.

 

[CMA222]

Many issues (what carrier, what country, which convention applies etc) involved but this is critical:

"A somewhat restrictive feature of both the Montreal and Warsaw Conventions is a strict requirement for damages claims to be brought by those affected (or their representatives) no later than two years either from the date of arrival of the aircraft at its destination, or from the date on which the aircraft ought to have arrived at its destination, or from the date on which the carriage stopped. This means commencing court proceedings within this period, failing which the right to claim damages is extinguished. That a right of action is ‘extinguished’, rather than ‘time-barred’, if an action is not brought within two years can be significant. Unlike in the case of the latter, where a right of action is extinguished the time limit cannot be extended by agreement of the parties involved, or with the permission of a Court. The extinguishment of a right of action is absolute and permanent."

 

[Pushka]

Many issues (what carrier, what country, which convention applies etc) involved but this is critical:

"A somewhat restrictive feature of both the Montreal and Warsaw Conventions is a strict requirement for damages claims to be brought by those affected (or their representatives) no later than two years either from the date of arrival of the aircraft at its destination, or from the date on which the aircraft ought to have arrived at its destination, or from the date on which the carriage stopped. This means commencing court proceedings within this period, failing which the right to claim damages is extinguished. That a right of action is ‘extinguished’, rather than ‘time-barred’, if an action is not brought within two years can be significant. Unlike in the case of the latter, where a right of action is extinguished the time limit cannot be extended by agreement of the parties involved, or with the permission of a Court. The extinguishment of a right of action is absolute and permanent."

That’s why OP knows time is running out and it’s urgent.

 

[MEL_Traveller]

I have no idea about the Montreal agreement etc but surely accidents happen in all manner of places and is it the possibility that the insurers have said No because there are other avenues to pursue - eg Public Liability? In which case this begs the next question, can they likewise refuse insurance in say, a Hotel? Restaurant etc.

We don’t know enough details about the accident or the insurance. Or indeed what the OP is claiming from insurance (it might be for medical bills not covered by the insurance). Your travel insurance is not invalidated or replaced by Montreal. Same if you get injured in an hotel (etc), your insurance would cover you for the medical component. The insurance may try to recover from the insurance of the other party.

The key issue here is to file the claim in time. if a lawyer also determines there was a valid claim against the insurance company, they could pursue that as well.

 

[Isochronous]

Odd that the insurer would say no - normally they would pay the claim then exercise their subrogation rights to claim against the tortfeasor.

 

[jb747]

I'll bet we never hear the complete details.

 

[juddles]

The "bad accident" was probably a white shirt stained by red wine during turbulence.

 

[MEL_Traveller]

The "bad accident" was probably a white shirt stained by red wine during turbulence.

The OP has stated they required surgery, and have the x-rays.

 

[jb747]

Ok, but what actually happened.

 

[juddles]

The OP has stated they required surgery, and have the x-rays.

According to whom? An email outside of the forum?

 

[MEL_Traveller]

Ok, but what actually happened.

we may never know. Not that it makes much of a difference, other than to satisfy our curiosity! (to which i also put up my hand)

According to whom? An email outside of the forum?

Yes, the one posted by serfty.