Third party dive insurance

[marjory]

I have the necessary insurance cover for myself and gear when diving abroad and my contents policy covers my dive gear in this country, but I keep reading I should have third party dive insurance for diving in the UK because I might cause harm to someone who could then take legal action against me. My only involvement in diving is as a private individual pursuing a hobby - I don't teach the sport, so I'm not clear what exactly is envisaged here. For example, although I feel I have a moral obligation of help towards anybody I buddy up with, do I actually have a legal responsibility? If not, then what would make me so
"sue-able"? I'd welcome a few views on this. (Sorry if this has all been covered before - I did try a search but only got other aspects of insurance)

[Adrian Kelland]

Marjory,

You do have a legal responsibility to everyone under negligence tort.

The 3rd party insurance thing might be useful, but some take the view that you are more likely to be sued as there is a policy to pay out.

The BSAC 3rd party insurance has paid to defend members. There have been cases where a dead diver's family have sued a surviving buddy.

Adrian

[yazzyfooty]

Originally Posted by Adrian Kelland

You do have a legal responsibility to everyone under negligence tort.

Adrian

Adrian if someone new to diving was reading that sentence it would make it look like one has to take out 3rd party liability insurance. It would be interesting if we could have a poll of YD'ers to see how many divers do have 3rd party and are not BSAC members as we have no choice but to pay that.

If I knew how to make a poll I would, but as I cant I wont. Things asked would be
Do you have 3rd party insurance yes/no
Do you dive in a club bsac/padi/saa/other/no
Would you take out 3rd party liability voluntarily yes/no

Personally my views are its just another way of insurance companies screwing money out of you. WE know the risks when we took up this sport and we know humans are not infallible but I doubt a buddy would purposely do you harm when diving.

Moderators or Admin. Can something like that be done?

[chrisch]

You can be sued in many aspects of daily life if you make a mistake. As Adrian says if you have insurance the legal action is worthwhile as there is some money to be had. 3rd party is included in BSAC or DAN membership and DAN includes DCI and SAR insurance. Personally I think most insurance is a rip off and wouldn't bother, while some folks insure everything they own.

Chris

[heavenlyarts]

We all really need to be insured.... these days with compensation culture the likelihood of being sued increases.

You'll probably find the cheapest way to get insurance is to join either BSAC or SAA and take advatage of their group 3rd party liability insurance.

[Adrian Kelland]

Originally Posted by yazzyfooty

Adrian if someone new to diving was reading that sentence it would make it look like one has to take out 3rd party liability insurance. It would be interesting if we could have a poll of YD'ers to see how many divers do have 3rd party and are not BSAC members as we have no choice but to pay that.

I thought my second line made it clear that 3rd party might be useful?

If I knew how to make a poll I would, but as I cant I wont. Things asked would be
Do you have 3rd party insurance yes/no
Do you dive in a club bsac/padi/saa/other/no
Would you take out 3rd party liability voluntarily yes/no

Personally my views are its just another way of insurance companies screwing money out of you. WE know the risks when we took up this sport and we know humans are not infallible but I doubt a buddy would purposely do you harm when diving.

Moderators or Admin. Can something like that be done?

I doub't many really understood the hazards and thus the risk until well in to their training. Until you do the training, you probably don't even know the hazards when you start the sport, let alone the risks.

Adrian

[chrisch]

Originally Posted by Adrian Kelland

.....

I doub't many really understood the hazards and thus the risk until well in to their training. Until you do the training, you probably don't even know the hazards when you start the sport, let alone the risks.

Adrian

Yes but that's the hazards of diving (self evident - breathe water and die) what are the risks of being sued (successfully)? Probably much less than drowning. Over-egged nonsense IMO. Insurance is a waste of money as best I can see.

Chris

[Adrian Kelland]

Originally Posted by chrisch

Yes but that's the hazards of diving (self evident - breathe water and die) what are the risks of being sued (successfully)? Probably much less than drowning. Over-egged nonsense IMO. Insurance is a waste of money as best I can see.

Chris

There are others not so self evident, but that might come under the general description of 'complete f**kwittery'.

I doubt it would be easy to tell if those that have been sued, would not have been sued if they hadn't had 3rd party insurance.

[Scubee]

Originally Posted by heavenlyarts

We all really need to be insured.... these days with compensation culture the likelihood of being sued increases.

It is a vicious circle. If there is a pot to pay out, then someone will feel the need to blame soemone else for their misofrtunes. The more people pay insurance companies, and the more greedy 'no win no fee' theiving lawyers there are out there the more we need insurance to pay the ridiculous payouts for someone tripping over a paving stone because they didn't use their eyes.
(sorry for rant. I get sick of the ads saying anyone can claim of the insurers of the person that caused the accident)

[colinicky]

We as a non affiliated club have Dan insurance for the club & as it was put to us you only need to be at a dive site & your cylinder falls over on the toe of a ballet dancer & your in the ****. Dan club insurance covers all our members both for club dives & for diving when not arranged by the club .