Hodge Jones & Allen

An Interim Report dated 9th November 2004 by the Health & Safety Executive has concluded that the apparent cause of the accident was that a car, believed to be driven by Bryan Drysdale (who was also killed in the incident), was driven onto the level crossing before the barrier sequence commenced. It remained across the track until struck by the train, with no apparent attempt to move the car out of the way.

Although an inquest will be held, the likely conclusion at this stage appears to be the incident was caused deliberately by the car driver, as suicide. The relatives of those killed and those injured in the accident will therefore have to apply to the Motor Insurers Bureau, an organisation funded by the insurance industry under various agreements with the government, for compensation.

The Motor Insurers Bureau have already set up a claims handling team for the incident, likely to be the biggest single incident claim the Bureau has ever received. The Bureau will pay the compensation an applicant can establish as legally owed as a result of the incident plus the legal costs and expenses of the claim.

Further, it appears that there was no motor insurance policy in force for the car that derailed the train.