A man from South Wales has been paralysed as a result of a freak accident whilst he was on holiday at the Didim Beach Resort in Turkey.

Michael Lonergan from Maesteg dived into the sea in the resort from a height of about 3ft. However, reports suggest that he failed to check the depth of the water in which he was swimming and hit his head on the seabed below. As a result of the accident in Turkey he has been paralysed from the neck down. Latest reports from the resort suggest that his insurers are refusing to repatriate him because of a clause in his insurance policy.

Mr Lonergan was rendered unconscious by the incident and had to be dragged to safety by onlookers whilst his partner and 3 children looked on. He was immediately rushed to a local hospital and given treatment. The family who thought they were covered by insurance underwritten by ETI Travel Protection have now found out that their holiday from hell has got worse because the insurers are relying on a clause in the small print saying that Mr Lonergan subjected himself to "needless risk". The insurers made the following comments:

"It is vitally important that members of the public who are travelling abroad act responsibly and as if they were uninsured. There are exclusions on most travel policies. One of the exclusions is wilful exposure to needless risk in any circumstances, except whilst in the act of saving or attempting to save a human life.

It is very rare that we will make a decision not to pay out when one of our policy holders has been admitted to hospital whilst on holiday. Each case is considered individually and the vast majority of claims made are resolved quickly and in the customer's favour."

Luckily, the generosity of the local community and Mr Lonergan's employers mean that he will be able to travel back to the UK this week, all being well. The estimated cost of the repatriation is £20,000. It also seems that the hospital in Turkey have agreed to waive their costs in a gesture of goodwill.

The stance of Mr Lonergan's insurers has been criticised by local MP Irranca Davies, but he did thank the local community for their generosity.

This latest incident follows a number of similar issues that have arisen in recent years. The law surrounding swimming pool claims on holiday and diving accidents on holiday has been developing at a rapid pace. One of the more recent cases is being brought by Kylie Grimes who hit her head at the bottom of a pool owned by the parents of a friend who was hosting a school leaving party in Farnham, Surrey. The claim has yet to conclude, but reports suggest that it has a potential value of £6m.

A holiday claim after an accident in a Swimming pool are notoriously difficult to succeed with. Nolan Mortimer, solicitor at www.accidents-abroad.com commented:

"If you are considering bringing a compensation claim as a result of a swimming pool accident, it is important that you use a firm that has the right experience and knowledge, especially if it is as a result of an accident on holiday. The courts are becoming much more strict in demanding local regulations evidence and only firms with good knowhow and connections seem able to obtain this."

If you think you have a holiday claim after an accident abroad complete our online form or contact us today on 0800 0126 0129 to find out if you can make a no win no fee holiday claim.