One For Motor Claims Handlers

[Mossycat]

OK this is a friendly argument in our office, just wondered what other motor claims handlers comments would be.

If the person responsible for a motor accident on a motorway can be traced then anyone who has missed their flight as a direct result of the delay they caused can make a claim against them for any losses they suffer (cost of alternative flight, possible overnight accomodation, loss of one day holiday etc).

In essence it's no different to any uninsured losses that the other party directly involved in the accident would claim if say they were self employed and couldn't make appointments, or if they were on their way to a dentist and missed the appointment and were charged a fee for the missed appointment.

Providing they can show that they would have made it to the airport in good time were it not for the negligence of the driver who caused the accident which resulted in tailbacks or road closures, then I don't see wjy it would fail.

I'm not talking about the semantics of actually getting the details of the responsible party, just the liability aspect.

Comments anyone

Mossy

[LemonTwist]

If someone was on their way to an airport and they missed their flight because of tailbacks due to a road accident, wouldn't they claim from their travel insurance anyway? And then the travel insurer would recover the money from the motor insurer of the person liable for the road accident. That's what I assume would happen.

(I'm not actually a claims handler by the way, but I work in insurance so I'm interested in this anyway).

[Mossycat]

That's a possible route but it still comes back to someone claiming from the responsible party (either the holidymaker or their insurance company).

We've never received a claim for this, it came about because several people were late into the office because on an accident on the motorway which led to a 'what if you were on the way to the airport' discussion.

Opinion is divided in our office as to whether we would accept it or not, hence why I asked it here

Mossy

(I'm waiting for Gyzmo's take on this)

[Bernie_the_Bolt]

Travel insurance does not cover delays in travel to airports other than when travelling in public transport (which I think includes taxis).
If you are in a car accident caused by a negligent third party and missed your flight then that is claimable. If you are a witness or stop to render assistance/first aid and miss your flight then that would also IMV be claimable.
However, if you are just caught up in the resulting tail-back then I thinks the TPs lawyers will argue well that the chain of events has been broken and the tail back is a new cause and further that the loss is too remote and not reasonably forseeable and are pure financial loss. Whether these arguments will win at trial I don't know.

[gyzmo]

Hmmm the number of times I have seen arguments like these. I'm with Bernie but with some reservation as to the second paragraph. I think its pretty much hinged and would come down to several factors. What may be said in a debate or in an academic situation can be quite removed from reality.

You could call the FOS helpline but I suspect a "sit on the fence" attitude.