Pocahontas County emergency services director Shawn Dunbrack said two passenger cars on the Durbin & Greenbrier Railroad train overturned in the accident.
There was one fatality and 60 injuries from this Friday incident. Will there be adequate insurance to cover claims? Will they be able to obtain coverage in the future?
The dateline is that of a city served by Amtrak; therefore this topic is Amtrak related - albeit by a 'thread'.
Posts: 9975 | From: Clarendon Hills, IL USA (BNSF Chicago Sub MP 18.71) | Registered: Apr 2002
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Ms. Dee, I certainly must acknowledge that the Associated Press material you immediately linked provided far more detail than did their earlier report.
If life were fair (and when did you learn that it was otherwise - third grade or so?), the trucking operator would satisfy all claims arising from the incident. Had the incident involved a national trucking concern, which of course would have adequate resources; one of which being insurance with a high self insurance component, to satisfy all claims, the railroad would not be 'on tap' for anything. However, independent truckers, for which I'd place my bets that such describes this operator, have a way of carrying only the minimum insurance required by law, and that could be as little as $750K (edit).
Anyone here think $750K will satisfy everyone?
Therefore, with the passengers having claims against the railroad with whom they had a contractual relationship, the railroad and their insurer will be liable, but of course the trucker's insurance will be 'blown'. The trucker will petition and be adjudged a bankrupt - and will simply open up for business a week later under a new corporate identity.
All told, the tourist road, likely by grace of their insurer, has the deep pockets - sort of like when Willie Sutton was once asked why he robbed banks. 'Well, that's where the money is.'
Posts: 9975 | From: Clarendon Hills, IL USA (BNSF Chicago Sub MP 18.71) | Registered: Apr 2002
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The deeper pocket in the background in the State of West Virginia, the owner of the railroad (thru the State Rail Maintenance Authority). The Durbin and Greenbrier Valley leases the rail for tourist trains.
Posts: 21 | From: Huntington, WV USA | Registered: Aug 2002
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quote:Originally posted by Gilbert B Norman: However, independent truckers, for which I'd place my bets that such describes this operator, have a way of carrying only the minimum insurance required by law, and that could be as little as $500K.
Given this was a log truck, it could be well that the insurance is none.
Posts: 2808 | From: Olive Branch MS | Registered: Nov 2002
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Mr. Harris, after further review, I've learned that $500K is now $750K minimum liability coverage to hold an interstate operating authority.
But I can tell you this; you're not about to catch me behind the wheel of a motor vehicle with that puny level of coverage.
Posts: 9975 | From: Clarendon Hills, IL USA (BNSF Chicago Sub MP 18.71) | Registered: Apr 2002
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I guess that the article immediately linked by Ms. Dee establishes that there is $750K to be spread around injured parties. However be it assured you wouldn't catch me dead driving about with that policy limit. Should I whack you at some place and time, you will be better taken care of than would the trucking operator with that noted policy limit.
Posts: 9975 | From: Clarendon Hills, IL USA (BNSF Chicago Sub MP 18.71) | Registered: Apr 2002
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Latest news seems to be that the Cheat Mountain Salamander excursion will be suspended for the remainder of this season. Other trains which this same company operates (including a dinner train and a tiny steam train out of Durbin, WV) will continue as scheduled through the end of the 2013 season.
-------------------- David Pressley
Advocating for passenger trains since 1973!
Climbing toward 5,000 posts like the Southwest Chief ascending Raton Pass. Cautiously, not nearly as fast as in the old days, and hoping to avoid premature reroutes. Posts: 4203 | From: Western North Carolina | Registered: Feb 2004
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