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.

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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.”