Rail crash insurance cash row

Gary Hart's insurers are to fight corporate claims

The insurance company that covered the man held responsible for the Selby train crash is going to the High Court to try to prove it is not financially responsible the accident.

Fortis Insurance will take part in a legal battle with Railtrack, GNER and the Highways Agency over who should pay for the crash which killed 10 people in February 2001.

The insurers argue Gary Hart should not be held financially liable for the accident, and therefore they should not have to meet the cost of damage caused in the accident.

The insurance company's arguments will be based on claims the crash barriers on the M62 motorway bridge over the east coast main line were not sufficient to prevent an accident.

Gary Hart was jailed for five years

Hart was jailed after a jury at Leeds Crown Court found he had fallen asleep at the wheel and crashed into the path of a Newcastle to London express at Great Heck, near Selby.

The train hit a north-bound freight train moments later.

Railtrack and GNER are currently pursuing claims against Fortis.

The company said its counter claim in the High Court will not affect claims from the injured passengers or victims' families.