Luton Airport fire discussion

[Deleted User]

It looks like a large number of vehicles parked at Luton Airport are write-offs due to one catching fire.

I don't have a vehicle parked there, but I thought it would be interesting to think about the liability (if any), in anticipation of a flood of questions about it.

R&S Pilling t/a Phoenix Engineering v UK Insurance Limited [2019] UKSC 16 seems to be the relevant case here. In that case it was eventually decided that repairing the car didn't count as "use" of the vehicle for insurance purposes, so parking it is unlikely to either. As such, there would be no way to claim against the policy on the vehicle that started the fire.

So the question is if there was any other potential liability. It might be argued that the car park had inadequate fire safety systems to prevent the destruction of over 1,400 vehicles, but I think that would be difficult to argue. No reasonable system could do much about a diesel vehicle with a severe fire.

There might be some personal liability for the owner of the vehicle that started the fire. Fundo de Garantia Automovel v Juliana C-80/17 is a CJEU ruling, but as far as I'm aware it is still in effect in the UK has the relevant laws were transposed into British law post Brexit. In that decision, it was ruled that the owner may have civil liability where their motor insurance does not cover them.

Of course, that would be of little practical use when there are over 1,400 claimants all seeking costs for replacement vehicles and probably transport home when they get back to the airport.

Alderbank

I'm not sure that we will ever know exactly which vehicle actually started the fire. Even if the fire brigade manage to determine that, deciding the liability of the owner must be difficult. My guess, which is worth nothing, is that the cause was a malfunction in the lithium battery of an EV,

Surely the owner of every vehicle parked there will have Fire insurance?
The operator of the car park will have some liability as bailee which he can't handwave away in his T&Cs which might cover the uninsured losses of the owners' excess?

MattMattMattUK

Alderbank said:

I'm not sure that we will ever know exactly which vehicle actually started the fire. Even if the fire brigade manage to determine that, deciding the liability of the owner must be difficult. My guess, which is worth nothing, is that the cause was a malfunction in the lithium battery of an EV,

Surely the owner of every vehicle parked there will have Fire insurance?
The operator of the car park will have some liability as bailee which he can't handwave away in his T&Cs which might cover the uninsured losses of the owners' excess?

There is already footage of the fire starting in a diesel Range Rover that the passengers bailed out of in the middle of a lane, only a few weeks old apparently. 

Keep_pedalling

The exact car is known, Range Rover Sport SE TDV6 reg number E10 EFL. 

Although If you live in conspiracy theory land it was an EV and they must be banned from car parks

powergen_insider

Alderbank said:

I'm not sure that we will ever know exactly which vehicle actually started the fire. Even if the fire brigade manage to determine that, deciding the liability of the owner must be difficult. My guess, which is worth nothing, is that the cause was a malfunction in the lithium battery of an EV,

It won't be the Fire Service working that out.  If it's not a crime, they don't really care that much.  It will be civilian forensics on behalf of interested insurers.

And as pointed out, it's hard to look past the multiple videos of a diesel Range Rover on fire before anything spread.

Liability of the vehicle owner is likely nonexistent - unless they did something like drive there against the advice of a recall notice or repair action that said there was a high chance of the vehicle bursting into flames.

Alderbank said:

The operator of the car park will have some liability as bailee which he can't handwave away in his T&Cs which might cover the uninsured losses of the owners' excess?

I wouldn't expect so.  You couldn't claim off the car park for your excess if someone opened their door into your car, this isn't really any different.

Keep_pedalling

It looks like insurers will be waiving the excess and not penalising the NCD for those effected (apart from that RR presumably)

https://www.insurancetimes.co.uk/analysis/briefing-consumer-service-vital-after-luton-airport-car-park-fire/1445855.article#:~:text=Due to the unusual circumstances,on their no claims discount.”

user1977

Does anyone know how the 2017 Liverpool car park fire was settled? Had a quick look but I can't see liability being pinned on any party for that.

powergen_insider

user1977 said:

Does anyone know how the 2017 Liverpool car park fire was settled? Had a quick look but I can't see liability being pinned on any party for that.

Ongoing.   

Keep_pedalling

user1977 said:

Does anyone know how the 2017 Liverpool car park fire was settled? Had a quick look but I can't see liability being pinned on any party for that.

As far as the cars were concerned individual owners claimed through their own insurance. Without a negligent party to claim from that is the only option. 

Aretnap

Keep_pedalling said:

It looks like insurers will be waiving the excess and not penalising the NCD for those effected (apart from that RR presumably)

https://www.insurancetimes.co.uk/analysis/briefing-consumer-service-vital-after-luton-airport-car-park-fire/1445855.article#:~:text=Due to the unusual circumstances,on their no claims discount.”

Some of them will at least. Whether the bargain basement Gibraltar based ones follow the lead of the likes of Aviva and LV perhaps remains to be seen...

TELLIT01

https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-67117301  Looks like all vehicles in the car park, even undamaged ones, will be a total loss.