Crash victims’ family denied compensation as ALA Rail’s insurance did not cover employee lunch breaks

Manufacturing employer ALA Rail is refusing to pay compensation to a widow whose husband and son were killed in a car crash with a member of staff – because the employee was on his lunch break.

Diane O’Dell lost her husband Curt and seven-year-old son Aaron last November when their car was hit by a van driven by ALA Rail employee John Davey.

Davey was found guilty of careless driving but ALA has claimed its insurance covered staff only during their working hours.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

Email(Required)

OptOut

From time to time, we will send you emails about selected products, events and services from Personnel Today - but you can choose to opt-out at any time. If you do not wish to receive these emails, please tick this box.

Email

This field is for validation purposes and should be left unchanged.

Δ

A spokeswoman for law firm Irwin Mitchell told the Derby Evening Telegraph: “The insurance company refuses to pay out as it claims that workmen driving to collect their lunch are not covered within the company’s insurance.

“ALA Rail or Mr Davey must take responsibility for the compensation costs before Mrs O’Dell and her daughter are able to receive the financial assistance they need.”