Injury or Illness
How much can I claim in case of injury or health risk?
According to Montreal Convention, if you suffered an injury on board the aircraft or during your embarkation or disembarkation for which you were not responsible, you can claim moral damage and any costs incurred from your injury up to amount of 113,100 SDR – around € 136,265. Special Drawing Rights (SDR) is the currency created by the International Monetary Fund. On August 1, 2018, the exchange rate was:
1 EUR = 0,83 SDR
1 USD = 0,71 SDR
You can follow the exchange rate here.
For any amount higher than the above, the carrier will be exonerated from its liability if it can prove that the damage was not due to the negligence or other wrongful act or omission of the carrier, or that the damage was solely due to the negligence or other wrongful act or omission of a third party.
What should I do if I suffered bodily injury?
- Once the accident or health risk incident happened, try if possible to keep the contact details of any eye-witnesses who will able to provide evidence of the circumstances surrounding the accident or health risk incident. If possible, take photos of your injury and the environment within which it happened and keep it as evidence.
- Before leaving the airport, report the accident or health risk incident to your carrier’s office and to the Civil Aviation Authority office in the airport. Make sure to keep copies from both reports and note their reference number.
- Keep record of all medical examinations that prove your injury and its development. Also, retain all receipts for medical expenses and other costs that were necessary for your recovery.
Can I still claim after a long time has passed?
Based on Montreal Convention you can claim your compensation for bodily injury within a period of 2 years reckoned from the date of arrival at your destination.
Where can I read the Montreal Convention regarding bodily injury?
You may read the original text of Montreal Convention here.