Industry told: ‘Brace yourself for flood of coronavirus claims’
The travel industry is being warned to brace itself for a flood of coronavirus claims, according to a insurance fraud expert.
David Scott, partner at Horwich Farrelly, believes it will only be a matter of time before claims management companies and solicitors jump on the coronavirus bandwagon and start advertising for claims.
"Indeed, there are already a few firms of solicitors suggesting that people can be compensated if they become infected while abroad," he said.
"But while it may be possible to successfully claim against a tour operator or hotelier for Coronavirus, we anticipate that it’s going to be incredibly tough. The reason being, even if the claimant is able to prove that they contracted the virus, they must also show that the travel company did something wrong and that this negligence caused or contributed to the illness or loss."
Scott explained that the burden of proof is on the claimant, not on the travel company to disprove it.
"So, one must ask whether the hotel knew, or should they have known, that guests had contracted the virus but did nothing to stop the spread to other guests," he said.
"The same goes for cruise liners and airlines – did the ship stop in an infected port and fail to screen guests or did the airline fail to properly clean its aircraft when flying to regions that are known to be affected?"
Even if a claimant can prove a travel company has been negligent, they must still then prove that this negligent act caused their illness.
"Did stopping at the infected port, or failing to have adequate hygiene systems in place make any difference? And the answers to all these questions, or rather the way they are tackled by the courts, also differ depending on who you are bringing a claim against," said Scott.
"For example, the rules for bringing an illness claim against a cruise liner differ to those used in a claim against a tour operator or hotel."
He said if the influx of claims comes, the key will be determining whether a claim is genuine or fraudulent.
A tougher stance on false claims has seen many fraudsters being prosecuted.
"These prosecutions should serve as a stark warning to those that believe that bringing a dishonest claim is a minor offence, or is risk free, as fraud will not be tolerated by the travel industry," said Scott.
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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