A traveller whose luggage was stolen from a bus in Barcelona has won a bid to have her insurer accept her claim. 

The complainant said her bag was taken on August 6 last year, causing more than $4000 in losses.   

She said she had to put the large suitcase in a designated compartment on the bus, to avoid hindering other passengers, but it was missing when she got to her stop. 

Lloyd’s Australia denied the claim on the basis the woman left the item unattended. 

The insurer said it would have been possible for the woman to leave the bag on her lap or stand so she could keep an eye on it.   

The traveller said she took the nearest seat only a few metres away from the luggage.   

She acknowledged that the bag was out of sight because she could not see over the seat in front, but she said she could see people exiting the bus and did not see anyone take the suitcase.  

She said the bag was too heavy and large for her lap and there was no standing room.  

In a dispute ruling, the Australian Financial Complaints Authority says it was not “reasonably possible for the complainant to avoid leaving her bag unattended in the circumstances, as she was complying with the conditions of purchase of her bus ticket”. 

It says based on that, it is not fair for the woman to have her claim denied.  

“While it may be theoretically possible for the complainant to have stood with her bag contrary to the instructions she was given, I do not consider it is reasonable to expect her to disregard the conditions she accepted when she bought the ticket,” an authority ombudsman said. 

“Accordingly, I accept it was not reasonably possible for the complainant to avoid leaving her bag unattended in the circumstances. As such, the insurer is not entitled to refuse the complainant’s claim and is to settle her for her lost luggage in accordance with the policy terms.”  

Click here for the ruling.