Gareth’s suitcase was stolen on a train, but insurers say it’s his fault

According to the definition commonly used by travel insurers in Product Disclosure Statements (PDS), a public place is anywhere that could be accessed by the general public – and that includes a train luggage compartment. Many intercity trains have luggage storage racks. For the sake of convenience, these are located at the ends of the carriage. Passengers are not allowed to bring suitcases into the sitting area, and transport workers will police the rule. Only smaller, carry-on bags can be placed in the overhead luggage racks.

The luggage storage area will be out of sight for most passengers, apart from those sitting close to the carriage ends. At train stops, departing passengers will remove their luggage and newcomers will add theirs. It’s almost impossible to see what’s being moved around, yet according to Cover-More, any theft from this area is excluded from a claim.

As well as being left in a public place, the luggage must be unattended for a claim to be denied – that’s a key word in a PDS.

If you step away from your luggage in a cafe or restaurant to pay the bill, that’s unattended. It’s also careless, and therefore understandable that an insurer might deny a claim. However, as the letter from Cover-More pointed out, “unattended” also applies to luggage left in a designated storage area, even one designed for that purpose.

The concepts of public place and unattended apply in several instances apart from trains, for example, carry-on luggage stored in overhead bins aboard aircraft. Given the amount of carry-on luggage brought onto planes, passengers may end up sitting several seats away from the bin holding their bag. It can be difficult to keep watch, particularly in the dim light of a night flight, and any claim against a travel insurance policy would likely be refused.

Even when luggage is stolen from a locked vehicle, an insurance claim might be denied. If the luggage is stolen from a locked boot or concealed storage compartment during daylight hours, there must be evidence of forced entry to the vehicle, and you need a police report to have any chance of getting a payout from your insurer. If the theft occurs overnight, or if the luggage was visible in the vehicle, your chances of a successful claim are nil.

Many times in Europe I’ve hired hatchbacks with small luggage compartments and no possibility of concealing two suitcases. High-value items such as video cameras, mobile phones, photographic equipment, personal computers and jewellery are not covered if left in a motor vehicle at any time.

What you can do about it

Some trains have a baggage car where your bags are stored for the entire journey away from other passengers. But on many trains, there’s no alternative to the luggage compartment. One strategy is to use a padlock and a short, braided steel cable to tether your case to the rack. If there are two of you, use the cable to lock your cases together – but some train managers won’t allow it.

If your luggage does go missing, you’ll have an easier time with your insurance claim if you have receipts for the items inside. Whatever you claim will be subject to depreciation starting from the date of purchase. And before you close your case, snap a photo of whatever is inside – the evidence will help if you need to make a claim.