Air India crash: travel lawyer offers guidance

Tragically, all but one of those on board the London bound flight died, the airline has confirmed. Investigations are ongoing, and families around the world are grieving and awaiting answers.

From our experience working on travel claims, we know how distressing this time can be and we are aware of some of the immediate questions that affected families and friends may have. Here we hope to address some of these questions. 

Investigations

After emergency services secure the site and assist survivors, aviation authorities begin a formal investigation to determine the cause of the crash. In this case, the Indian Aircraft Accident Investigation Bureau is leading the inquiry, supported by the UK’s Air Accidents Investigation Branch (AAIB).

Investigators will attempt to recover the aircraft’s black box (flight data and cockpit voice recorders), interview witnesses, review CCTV, and examine wreckage. A preliminary report is usually released within weeks, with a full report possibly taking a year or even longer depending upon the complexity of the case. These investigations are designed to uncover the cause of the crash, not to assign legal blame. However, their findings may be crucial for future legal claims.

Identification of victims

In the first instance, we recommend contacting the Foreign, Commonwealth & Development Office (FCDO) on 020 7008 5000. They can assist with identification procedures, repatriation logistics, and help coordinate with local officials.

The Ahmedabad Civil Hospital administration has also released two contact numbers to assist families with enquiries related to the identification of victims the numbers are as follows: +916357373831 and +916357373841.

Travel to India

The High Commission of India in London is also offering support. Next of kin or relatives of any passengers on board can contact: 07768765035 for emergency visa assistance to travel to India if needed.

Repatriation

The Indian government, in collaboration with Air India, has announced coordinating efforts to repatriate the remains of the victims. Air India has set up assistance centres in major cities to provide support and facilitate the repatriation process. Families requiring assistance can contact the Indian Embassy in their respective countries or the nearest Air India office for guidance and support. 

For British nationals affected by the crash, the UK Foreign, Commonwealth & Development Office (FCDO) has established a helpline at 020 7008 5000 to provide consular assistance and support with repatriation efforts.  

Other support

Families may also need support to deal with the sudden loss of a loved one in such traumatic and public circumstances. There are specialist charities dedicated to supporting people who are experiencing bereavement. People can also contact the Samaritans on 116 123 if they need to speak to someone about how they are feeling. Citizens Advice will also be able to provide support and advise on financial matters.

Air Carrier liability

Under international law, specifically the Montreal Convention, air carriers such as Air India are liable for damages resulting from death or injury to passengers during international flights. If a passenger is tragically killed or injured, the Convention requires the airline to make an advance payment to cover immediate expenses.

It is our understanding that Air India is in the process of contacting the families of those identified from the crash, while investigations continue to identify others. If you have any questions about this process, you can contact both the FCDO (Foreign, Commonwealth & Development Office) and Air India directly using the contact numbers provided above.

In addition to the initial payment, families may also be entitled to pursue a civil claim for further damages. Under the Montreal Convention, the time limit for bringing an air accident claim is two years, so it is important to seek legal advice from a specialist travel or aviation lawyer as soon as possible to understand your rights and legal options.

Any early settlement offers should be carefully considered and independent legal advice obtained to ensure families fully understand their rights and the implications of accepting compensation.

Bringing a claim

Aviation accidents can be one of the more complex types of personal injury case to pursue and we would always recommend seeking expert legal advice.

If you would like to speak to one of our specialist solicitors please contact us on: ccampbell@leighday.co.uk and colin.murphy@leighday.co.uk or call 0161 393 3558.