SOME rail crash survivors face another court ordeal if they are to pursue compensation claims against Gary Hart.

A solicitor acting for claimants warned that court action is inevitable in some of the damages cases.

Kevin Hughes, of York solicitors Pattinson & Brewer, has told the Evening Press that Fortis Insurance, Hart's insurers, have not yet accepted liability for the disaster. A total of 15 survivors and bereaved relatives have made claims against Hart, who was sentenced in January to five years in prison for causing death by dangerous driving. Gian Spadone, 30, was the first to launch a civil case on December 12.

Mr Hughes said he was awaiting defence papers in that case, which were due to be served by March 11, before proceeding.

But he did confirm that one of his cases had been settled out of court - without an admission of liability.

Fortis said it was looking to conclude many of the cases as quickly as possible.

Mr Hughes said: "Liability is still an issue. It has not yet been admitted by Fortis Insurance. Fortis has been willing to discuss settlements and has made some interim payments, but there will be cases where we can't discuss a settlement with them."

Alan Sendall, claims director at Fortis Insurance, said: "A number have been fully settled, interim payments have been made on many others and where appropriate, rehabilitation has been arranged for the injured persons. Given the extent of some of the injuries, it will be some time before the claims can be fully settled, but Fortis is working hard to respond to the claims in a co-operative way."

Updated: 11:04 Thursday, February 28, 2002