Bus / Train Insurance [Merged]

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Kiko4564
Kiko4564 Posts: 217 Forumite
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edited 1 April 2020 at 11:53AM in Public transport & cycling
If someone has a ticket for their journey, but they remain onboard after the train is taken out of service and runs Empty Coaching Stock (ECS) i.e. not in service, then will still be insured? A scenario where this would be relevant might include a derailment resulting in injury to that passenger, particularly if subsquently followed by a collision.
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  • Kiko4564
    Kiko4564 Posts: 217 Forumite
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    In this scenario a person, who I shall call John, boards a bus without being in possession of a ticket. He intends on travelling on the bus without paying for a bus ticket unless challenged i.e. expressly asked, for the money. On boarding the bus, John just walks straight past the driver instead of stopping at the driver's cab, and buying a ticket from them. The bus driver decides not to pursue John for the fare and just decides to Forget It, Drive On. John has no other defence to his actions e.g. a sign stating that tickets could be bought from a conductor once onboard the bus, or the driver waving him onto the bus without first selling him a ticket. What if the bus, operated by a bus company  First Eastern Counties, is involved in an incident which results in John being injured e.g. the bus collides with another vehicle. He contacts First Eastern Counties to demand compensation for his resulting injuries, and has medical evidence as he attended the ED (Emergency Department) on the same day. Do First Eastern Counties have a come back as he didn't pay his fare before travelling? Will their insurance still payout if they claim on it? What would happen in practice? Thank you.
  • London50
    London50 Posts: 1,850 Forumite
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    If a train was taken out of service ALL passengers  on board would be removed so other than the driver and guard/conductor no one else would/could be in that situation and both the driver/guard/conductor would be covered due to the t&c of employment
  • Kiko4564
    Kiko4564 Posts: 217 Forumite
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    If someone has a ticket for their bus journey, but they remain onboard after the bus is taken out of service and runs as a so called "dead bus" i.e. not in service, then will still be insured? A scenario where this would be relevant might include a collision with another vehicle resulting in injury to that passenger.
  • Kiko4564
    Kiko4564 Posts: 217 Forumite
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    London50 said:
    If a train was taken out of service ALL passengers  on board would be removed so other than the driver and guard/conductor no one else would/could be in that situation and both the driver/guard/conductor would be covered due to the t&c of employment
    You're wrong. Although that is what is supposed to happen in theory, in practice there are a number of reasons why someone could be on a train that is not in service. Those include the following: 1) a driver, dispatcher, ticket inspector, and/or guard turn a blind eye to the person's presence e.g. because they won't go away after being told to go and the staff decide to just FIDO i.e. "Forget It, Drive On", 2) a passenger boards the train whilst it is not in service but after it has been "swept" for any remaining passengers, 3) a passenger manages to hide in one of the toilets e.g. to delibrately trespass on the train whilst it is not in service, and they didn't see them in the toilet, 4) a passenger suffers a medical emergency or falls asleep and as a result didn't hear any annoucements or see any signs or staff alerting them to the fact, and staff didn't notice them whilst they were "sweeping" the train, 5) the person responsible for "sweeping" the train didn't do their job properly and/or at all, this might also be combined with another issue e.g. the Public Address system not working in all of the coaches and/or the driver and/or guard failing to make an annoucement to warn passengers.
  • tacpot12
    tacpot12 Posts: 7,969 Forumite
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    I would expect that public liability insurance remains in place except for situations where the train company senior management is negligent. So in all of the examples in the previous post, the public liability insurance would remain in place. 
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • unforeseen
    unforeseen Posts: 7,281 Forumite
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    You seem to have an unhealthy obsession with odd public transport scenarios and ways of getting money out of them. 

    You aren't trying to come up with a new crash for cash scenario by any chance? 
  • tacpot12
    tacpot12 Posts: 7,969 Forumite
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    I think FEC would settle for a reasonable sum and won't worry about evidence of having had a ticket. Not everyone on the bus will be able to produce their ticket. If John was particularly badly injured because he was being reckless at the time of the accident (e.g. larking about), the compensation might be reduced. If other people were injured to a similar degree, it seems unlikely that the compensation would be reduced.

    But perhaps John might like to pay for his ticket next time?
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • London50
    London50 Posts: 1,850 Forumite
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    Also perhaps our OP should find something more worthwhile to do with their time than asking questions that would more than likely never happen
  • London50
    London50 Posts: 1,850 Forumite
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    Kiko4564 said:
    London50 said:
    If a train was taken out of service ALL passengers  on board would be removed so other than the driver and guard/conductor no one else would/could be in that situation and both the driver/guard/conductor would be covered due to the t&c of employment
    You're wrong. Although that is what is supposed to happen in theory, in practice there are a number of reasons why someone could be on a train that is not in service. Those include the following: 1) a driver, dispatcher, ticket inspector, and/or guard turn a blind eye to the person's presence e.g. because they won't go away after being told to go and the staff decide to just FIDO i.e. "Forget It, Drive On", 2) a passenger boards the train whilst it is not in service but after it has been "swept" for any remaining passengers, 3) a passenger manages to hide in one of the toilets e.g. to delibrately trespass on the train whilst it is not in service, and they didn't see them in the toilet, 4) a passenger suffers a medical emergency or falls asleep and as a result didn't hear any annoucements or see any signs or staff alerting them to the fact, and staff didn't notice them whilst they were "sweeping" the train, 5) the person responsible for "sweeping" the train didn't do their job properly and/or at all, this might also be combined with another issue e.g. the Public Address system not working in all of the coaches and/or the driver and/or guard failing to make an annoucement to warn passengers.
    Perhaps if you are so worried about these situations happening to you then steer clear of travelling around other than on your own two feet
  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
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    OP just keep away from trains and "buses" as per your other post and stop trying to think up ways of getting Compo and you will be ok. In fact with current crises stay inside and watch tv or a VIDEO? ;)
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
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