HE cheated death in the Selby rail disaster - now survivor Stephen Lofthouse has finally had his compensation claim resolved, the Evening Press can reveal today.

More than four years after the train crash killed ten men, Mr Lofthouse confirmed an agreement had been reached with the insurers of sleep-starved driver Gary Hart.

But Stephen said: "No amount of money is going to change the past."

Hart's Land Rover and trailer ploughed off the M62 at Great Heck in 2001, before derailing a GNER express which then collided with a freight train.

Hart received a five-year prison sentence, but has always insisted he was not to blame.

When Hart aired those controversial views on national TV last October, Mr Lofthouse decided it was time to break his silence about the horrific injuries he received in the crash he was lucky to survive.

At the time the documentary was shown, the former soldier was one of six survivors yet to receive a settlement from insurers Fortis.

After the crash, the father-of-two was left fighting for his life with a badly fractured skull. Doctors had to staple the top left section of his head during the first of ten vital operations over a two-year period.

Another operation saw his left little finger pinned back into place and the ex-Royal Mail sorting officer, medically retired after 12 years in a job he enjoyed, has painful arthritis in that hand. For the rest of his life, Stephen will only be able to move his finger half way.

Medics also said there was a real danger the York resident could lose a damaged leg, threatened, by a dangerous blood clot.

His shoulder was smashed in three places and had to be completely reconstructed.

On top of the injuries, Stephen's recovery was hampered and stress levels rose after delays to the six-figure compensation claim, as Fortis solicitors called for a series of fresh medical reports.

Today, he confirmed an agreement had been reached in the last few weeks, although the terms of the settlement meant he could not discuss any detail.

But Stephen denied the end of the lengthy claim saga would provide total closure on his ordeal. "The crash is always going to be with me, unfortunately," he told the Evening Press. "No amount of money is going to change the past.

"There's nothing I can do - the crash is something that will always be with me."

Stephen said he was "a little bit better" physically, but was still struggling. He is not back at work and is still on various medications.

The talented chef, who says the crash cost him his job and marriage, said he still had aspirations to pursue a career in catering.

Fortis said: "Mr Stephen Lofthouse's claim with Fortis Insurance has now been settled. The settlement of these types of claims is, by nature, a lengthy process.

"It is in the interest of the claimant that detailed investigation is carried out and time is allowed for recovery, in order to accurately assess the long-term effects of any injuries sustained.

"Whilst waiting for the full medical reports, Fortis Insurance made six interim payments to Mr Lofthouse.

"Also, in response to your question regarding outstanding claims, there are 11 such claims remaining which Fortis Insurance is progressing."

Updated: 09:53 Thursday, August 04, 2005