• Our new ticketing site is now live! Using either this or the original site (both powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!

Advice needed LNER delayed 4hrs which resulted in missed event, can I claim compensation? If so how/who from?

Status
Not open for further replies.

ska

New Member
Joined
13 Jul 2024
Messages
3
Location
Essex
Background - As title says, I booked via Train line (with insurance) to travel from Laindon to Edinburgh last Friday (5/7/24) to leave at 8.34 and arrive at Edinburgh at 14.22. Arrived at Kings Cross with plenty of time and boarded the 10.00am Kings Cross to Aberdeen, with stops at York/Darlington/Newcastle/Berwick before I alighted at Edinburgh. No problems travelling until we reached York, when it was announced that due to a fatality on the line between Darlington and Newcastle all trains were being held at York. A number of passengers left the train as driver advised if you were travelling to Darlington the train on the opposite platform could take you there but no travel would occur passed Darlington until further notice. After roughly 45 minutes it was announced that the train I was on would be diverted to use the 'Coastal Route' in order to proceed to Edinburgh. The train had been due to call at Newcastle, Berwick before reaching Edinburgh originally, but due to the alteration we stopped at a number of places including Morpeth etc. The train finally arrived in Edinburgh @ 18.06, some 3 hours & 44mins after it had originally been scheduled to arrive.

I am aware that Delay repay will recompense me for the cost of my ticket and have already applied for this online. The problem is that I was booked on a steam train Murder/Mystery dinner that we had to board from nearby Bo'ness at 18.30 and due to the length of delay on my LNER journey I was unable to board and missed the event. This not only caused great upset and inconvenience for my elderly mum (it was to celebrate her 75th birthday) but resulted in mum sitting in Edinburgh station for 5 hours waiting and worrying (I know) for me to arrive but led to significant outlay for an alternative dinner/hotel etc Not only that but we had added inconvenience that required a cab journey because buses had stopped running to our hotel, had to find somewhere to eat as we had missed the meal we had already purchased on the steam train and we missed our check in at the hotel which meant we had to book alternate accommodation. I reasonably (I thought) had left myself 3 hours to travel 6 miles to get the onward steam train, am I being unreasonable to feel that these costs should be recoverable from LNER as they all are directly due to the length of delay, which was exasperated by stopping at a number of additional stations on the way to Edinburgh after the 'incident'

I thought I had covered any problems by buying insurance when I Purchased the train tickets but apparently I cant claim anything because the ticket cost is covered by Delay/repay and the booked event was after the end destination station (apparently I'm only covered to Edinburgh and Bo'ness is 6 miles outside the city) I ended up paying about 260 pound for meal/hotel as well as losing about the same amount for the steam train booking, all directly as a result of the original train delay - is there anyway I can claim compensation from LNER? or any advice regarding the insurance as they are adamant that despite having an event clause in the insurance I cant claim because I was only insured to Edinburgh?

Any helpful advice would be greatly appreciated
 
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

Snow1964

Established Member
Joined
7 Oct 2019
Messages
8,076
Location
West Wiltshire
If you bought travel insurance for your trip then ought to be able to claim

If you bought travel insurance for just your rail journey then should be able to claim for that. But as you were delayed so long, can already get delay repay for outward journey.

In theory could claim against the estate of the deceased for direct losses (which are probably covered as public liability under their household insurance), but morally this is not good, and I doubt anyone would unless it was massive direct loss.
 

skyhigh

Established Member
Joined
14 Sep 2014
Messages
6,324
Trainline's travel insurance is essentially useless for cases such as this.

If you have an annual travel insurance policy that covers UK trips you might find that will cover you.

LNER may offer you an additional goodwill gesture, but I don't really see that they would be compelled to compensate you, unless you can make the case under the Consumer Rights Act that they didn't provide the service with reasonable skill and care. I think given the circumstances you would struggle there, however.
 

sh24

Member
Joined
28 Sep 2023
Messages
594
Location
London
Generally travel providers won't cover consequential loss and would expect you to hold insurance for this. I'm afraid you are out of luck.
 

ska

New Member
Joined
13 Jul 2024
Messages
3
Location
Essex
Thanks all

Ill try my annual travel insurance and see if they will entertain a claim :) Honestly I was just hoping to recover something because I'm going to have to arrange something else for mums birthday present, but I did think I didn't have a hope really
 

jtshark71

Member
Joined
13 Jul 2024
Messages
5
Location
London
I know I missed a concert a couple of years ago and the train company I used just repaid that original fair and not the price of the ticket of the concert as they only repay the travel and nothing else as that is the only thing they are responsible for.
 

Watershed

Veteran Member
Associate Staff
Senior Fares Advisor
Joined
26 Sep 2020
Messages
13,935
Location
UK
As @skyhigh says the only avenue for a claim beyond the cost of the fare (which would be paid out as Delay Repay) would be under the Consumer Rights Act.

Unfortunately I think it'd be tricky to argue that the consequences of fatality constituted failing to use reasonable care and skill as required by the Act - unless you can point out some way in which the delay could have been reduced (sufficiently to allow you to make the event) if LNER had handled the situation better.

I would be surprised if the couple of extra stops north of Newcastle made the difference, and diverting via the coast seems an eminently reasonable way of dealing with the disruption.

I think this'll be one for your travel insurance although of course there is nothing to stop you writing to LNER and requesting a gesture of goodwill of some sort.
 

Belperpete

Established Member
Joined
17 Aug 2018
Messages
2,395
Thanks all

Ill try my annual travel insurance and see if they will entertain a claim :) Honestly I was just hoping to recover something because I'm going to have to arrange something else for mums birthday present, but I did think I didn't have a hope really
You may be lucky with your travel insurance as your trip involved an overnight stay, but check your policy. I think some require more than one night for UK trips.

I also don't understand how you missed your check in for your hotel, if you arrived in Edinburgh at 1806. What time was last check-in? If you missed the check-in because you decided to take your mother for a meal first before checking in, then I suspect your travel insurer may think that your fault. There is generally a requirement for you to take reasonable steps to minimise the liability.
 

Buzby

Member
Joined
14 Apr 2023
Messages
1,104
Location
Glasgow, Scotland
I feel your pain. This sort of unplanned event can throw a spanner in the works, and as you found out - insurance is very selective in what it can and will cover. whilst it wasn’t part of the problem, I’d at least contact the MurderMystery folk and ask politely (after explaining your journey) the reasons you were a no-show. They may well be sympathetic and offer to let you reschedule, without further cost.
 

Ken H

Established Member
Joined
11 Nov 2018
Messages
6,587
Location
N Yorks
Check your bank Account. It may have free travel insurance as a perk. They may pay out when other insurers decline liability.
 
Status
Not open for further replies.

Top