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Legal matters

Coach - no insurance - accident

73 replies

CondensedMilkSarnies · 19/12/2016 20:45

We were involved in an RTA and have just found out the coach we were on was not insured. Does the holiday company we booked it through hold any liability for this?

I feel that this should be high lighted in some way to protect others . I'm so mad .

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nancy75 · 19/12/2016 20:48

Were you on the coach as part of the airport transfers or on a trip arranged via your holiday company?

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CondensedMilkSarnies · 19/12/2016 21:37

It was a transfer to the airport . I booked through Love Holidays were you get the option to book flight then hotel and then you have the option to book transfers.

I have just read the reviews on Trip Advisor about the coach company and they are scathing .

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CondensedMilkSarnies · 19/12/2016 21:39

I do have legal representation but can't contact him til tomorrow - I'm so mad and just wanted to try MN for some answers .

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whirlygirly · 20/12/2016 21:42

Firstly, I hope you're all ok.

The Coach wasn't insured? Seriously? They are in so much shit. I should think they'll be shut down. You'd need specialist insurance to carry people for profit - they are acting totally illegally.

I imagine if you've booked through any official company there will be some liability somewhere. Get a decent solicitor.

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CondensedMilkSarnies · 20/12/2016 23:18

I spoke to my solicitor and he has contacted the Motor Insurance Bureau to see if they can help. I'm so mad because I read some reviews of the coach company and they are scathing. One review states that the driver was driving erratically , swerving across the motorway .

This is exactly what our driver did. I feel like going to the press or Watchdog - the company should be shut down.

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Unsurechicken · 20/12/2016 23:20

Was the coach in the uk?

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CondensedMilkSarnies · 20/12/2016 23:22

No not the uk . The police gave me a report which states the name of the insurance company . But when my solicitor contacted them they said they had no policy for the company .

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greenfolder · 21/12/2016 21:04

Where did the accident happen?

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LIZS · 21/12/2016 21:08

If you booked via a tour operator do they not have any liability for their subcontractors. Is your solicitor in contact with other casualties pursuing a claim?

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CondensedMilkSarnies · 21/12/2016 21:14

The accident was in Europe. It was booked through Love Holidays where you book the flight , then choose accommodation and then choose whether you want a coach transfer .

I thought the solicitor would sue Love Holidays as my contract was with them.

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greenfolder · 21/12/2016 21:20

Right. Couple of possibilities. If love holidays are like most internet sites, they are not tour operators and you are making a separate contract for each part.
If it is in europe you will be entitled to compensation paid at the local rate by that countries version of the MIB. It will take some time though.

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LIZS · 21/12/2016 21:20

So would I. Just like Thomas Cook were pursued over the deaths of the 2 children from co poisoning. I wonder if your solicitor is experienced enough in this area especially with it taking place abroad. Do you have any legal cover on any insurance policies, like your travel or household policy,

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CondensedMilkSarnies · 21/12/2016 21:20

Could we claim against Love Holidays as well ? Don't they have a duty to ensure they are using a reputable coach company ? This is one review I found on Trip Advisor about them - there are many others equally as scathing

Coach - no insurance - accident
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CondensedMilkSarnies · 21/12/2016 21:23

Lizs my solicitor's speciality is foreign RTA claims . He said it's quite common to have to go through the MIB in these circumstances.

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Foldedtshirt · 21/12/2016 21:23

How hurt were you? Unless you deserve decent compensation it's probably not worth it. Is the solicitor no win no fee?

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lovelearning · 21/12/2016 21:23

Could we claim against Love Holidays as well ?

Yes.

Go to ABTA.

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CondensedMilkSarnies · 21/12/2016 21:26

Foldedshirt I have lifelong injuries .

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CondensedMilkSarnies · 21/12/2016 21:27

Lovelearning would claiming against ABTA be something my solicitor could do ?

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lovelearning · 21/12/2016 21:30

^that's not quite right.

Could we claim against Love Holidays as well ?

If you're getting no joy from your tour operator, go to ABTA.

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CondensedMilkSarnies · 21/12/2016 21:30

Lovelearning what would the claim against Love Holidays be ? Negligence ?

Sorry for all the question and Thankyou for replying .

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CondensedMilkSarnies · 21/12/2016 21:32

We are only dealing with the coach company at the moment . There has been no talk of claiming against Love Holidays as yet.

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lovelearning · 21/12/2016 21:33
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ElizaSchuyler · 21/12/2016 21:38

I think the issue is that Love Holidays are not a tour operator, they are a booking agent. Their terms & conditions say they are no be by English law but have no responsibility with regards to the actions of the service provider with whom you made the contract (whether that is legally correct I don't know). They simply book the holiday/services on your instruction.

It would be the equivalent of suing a local
Independent high street travel agent instead of Thomsons for example.

I'd wait & ask your solicitor for specialist advice.

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ElizaSchuyler · 21/12/2016 21:42

This is relevant with regards to ABTA I think (from the link above)

"Complaints we can’t help with
Complaints that are not about ABTA Members

If you’ve booked your travel arrangements with a non-ABTA Member, we can’t help you. We govern our Members through the ABTA Code of Conduct, this is something all of our Members sign up to, but we have no governance over non-ABTA Members.

You can try contacting Which? or the Citizen’s Advice Bureau with your complaint.

ABTA Members are travel agents and tour operators. Not, for example, hotels or airlines.

Check your confirmation invoice to see who your booking is with. An ABTA travel agent can still book you with a supplier that isn’t an ABTA Member. This often occurs when you’ve booked a Flight-Plus travel arrangement. Flight-Plus travel arrangements are not package holidays.

With a Flight-Plus, your travel agent has placed you in a number of contracts with the suppliers of your travel arrangements and this will be clear on your holiday confirmation invoice. Your travel agent’s terms of business will explain that they accept no responsibility for the acts and/or omissions of the third party suppliers that they have booked you with.
Those suppliers may not be an ABTA Member. If you have a complaint about one of those services provided, if the supplier is not an ABTA Member we cannot help you. "

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CondensedMilkSarnies · 21/12/2016 21:44

Thankyou . I'm so mad because there have been complaints (according to Trip Advisor) going back at least 3 years. The one about the dangerous driving that I posted the pic of, especially resonated because our crash was driver error .

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