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Your guide to Montenegro holiday compensation


About Montenegro

Montenegro is an up-and-coming hotspot for European holidaymakers in-the-know. Situated just south of Croatia, this small country has been transformed into a thriving holiday hub over the last thirty years, and it’s easy to see why. From the gorgeous Budva Riviera, the hub of all tourism, to the UNESCO-protected town of Kotor, those who like a little culture and history with their holidays are flocking to Montenegro.

Montenegro holiday hotspots

Budva is a relatively small town on the Adriatic coast – but what it may lack in square mileage, it certainly makes up for it in its dramatic scenery and incredible array of hotels, restaurants and bars.

The town of Budva is situated on the Budva Riviera, which is also home to seaside resorts like Becici and Petrovac. These quieter towns are ideal for families, couples and friends alike, with plenty to see and do for those who want to really get to grips with the history of this former Yugoslavian state.

The Bay of Kotor is the jewel in Montenegro’s tourism crown. This stunning area is home to the town of Kotor, which is protected by UNESCO as a World Heritage Site. The bay itself is beautiful, and with the addition of impressive limestone cliffs and truly incredibly sunsets, it’s a must-visit for anyone heading to Montenegro for a summer break.

Accidents and illnesses in Montenegro

Montenegro has certainly earned its reputation as an up-and-coming holiday resort but unfortunately, not all holidays there go exactly to plan. Each year tourists experience accidents or sudden bouts of illness while they’re exploring the country. Some are involved in road accidents or suffer serious injuries when they’re on an excursion, while others end up developing serious illnesses.  These injuries and illnesses can mean holidaymakers have to cut short their holiday or stay in hospital for extensive treatment.

Here are some of the most common illnesses and accidents suffered by tourists in Montenegro:

  • Food poisoning and travel bugs

Food poisoning is one of the most common causes of a compensation claim.  Hotel buffets are a main cause of these outbreaks, while poorly maintained swimming pools can also trigger serious illness in anyone who was ingested the water. Parasites in food or water can also cause illnesses among tourists visiting Montenegro.

  • Trips, slips and falls

Most trips that occur in Montenegro are minor accidents – but unfortunately, some of these incidents are far more serious, leading to broken bones or severe muscle strains. These injuries can take weeks to recover from, leaving many victims facing lost income while they get back on their feet.

  • Road accidents

Montenegro isn’t renowned for its troublesome roads and chaotic traffic jams – but every year tourists are injured on the country’s roads. Road accidents can cause very severe injuries and could potentially leave some victims severely disabled or unable to work when they return home.

What you can claim for

Compensation for accidents and illnesses abroad can only be claimed for package holidays, most of which are covered by the Package Travel Regulations 1992. Under Regulation 2(1), hotel owners and tour operators have a ‘duty of care’ towards the health and safety of you, your family and anyone else in your party.

This Regulation states that a package must include the pre-arranged combination of at least two of the following components:

  • Transport
  • Accommodation
  • Other tourist services that are additional to transport or accommodation, and which account for a significant proportion of the package.  This can include pre-booked excursions.

If you are harmed while using any facilities promoted or controlled by your tour operator as part of your package, you could have grounds to make a claim for compensation.

Your package holiday organiser can be held responsible if you suffered an injury caused by an accident or illness that happened anywhere on hotel property. They can also be held responsible if an accident takes place or your illness is caused either:

  • On a pre-booked excursion bought in the UK, or
  • During a holiday service provided as part of your package bought in the UK.

However, your package holiday organiser is unlikely to be held responsible if:

  • Your accident or illness happened during an excursion booked at the hotel or resort, which was not included in your pre-booked package bought in the UK.
  • An accident happened away from your hotel – unless it was during an excursion you bought in the UK as part of your package.
  • You tripped on a badly maintained pavement in the local town centre.
  • The accident was your fault, i.e. you broke the safety rules
  • Your illness was caused by eating at a local restaurant that was not included as part of your package holiday.

Time limit

The Package Travel Regulations 1992 allow you 3 years to make a claim from the date when the illness or accident occurred.  However if your illness or accident happened on a cruise, this would be governed by the Athens Convention which are a different set of regulations that  only allow 2 years in which to make a claim.

Claiming your compensation

If you’ve had a holiday ruined by an accident that wasn’t your fault, or an illness you’ve picked up as a result of someone else’s negligence, Your Legal Friend could help. We’ll support you in making a compensation claim for the pain and stress caused to you while you were abroad, as well as covering additional travel costs and any future medical treatments that might be required throughout your recovery.

First of all, we need to understand what happened to you and why you believe the accident or illness was not your fault. We’ll take statements from you and any witnesses, obtain incident reports, and search for medical reports to get a better idea of what happened, how you were affected, what treatment you were given, and whether you are still suffering from your injury or illness.

Then we’ll launch a thorough investigation, with the aim of identifying who was at fault for your injury or illness. Once we’ve discovered whose negligence caused this, can then assess how likely your claim is to succeed and how much compensation we can secure for you.

If you then agree to go ahead, we’ll send your claim to whoever is responsible for your injuries or illness. They can either accept the claim and seek to negotiate a settlement with you – this is often the preferred choice of many larger firms looking to protect their reputation – or they can reject the claim in which case we take the case to Court. In this instance, we’ll manage the process of preparing your claim to go to Court and support you every step of the way.

Receiving compensation

If your claim is successful, you’ll be awarded compensation. How much you’ll be awarded depends on various criteria:

  • The severity of the injury or illness. A broken bone or amputation is likely to be classed as far more serious than a muscle strain or stomach bug.
  • How your life has been affected. Some unfortunate holidaymakers experience life-changing injuries or illnesses while abroad – the compensation awarded will reflect this.
  • Whether you’ve been left out of pocket. Medical bills and additional travel expenses can wreak havoc on a family’s finances. This part of the compensation sees that you’re adequately compensated for your losses.
  • Whether you’ll need extra support in the future. If your injury or illness will lead to loss of income, or if you’ll need ongoing treatment and care to deal with the injury, this will be taken into account.

Here’s how Your Legal Friend can help you:

  • No win, no fee - guaranteed
  • 95% success rate in personal injury claims
  • Over £200,000,000 successfully won in the last ten years alone
  • Help and support you with your claim against the travel company or carrier
  • 30 years’ experience in personal injury compensation

Talk to us today

For an informal, confidential chat with one of our expert personal injury solicitors about making a claim, call us now on 0808 274 6166 (call free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.