Third party dive insurance

[JamesW]

Hi I have had a reply from Dan Europe with regards to the Dan Club Insurance:

Dear James
Hi Yes a group of divers can set up and become a club member. Please note though club membership will not give any of your diver’s personal medical cover and does not cover personal injuries of 3rd parties.

The Club membership is strictly a non-individual, Civil Liability coverage.

Kindest regards and Safe Diving

Lisa Young

[Divemouse]

You have to have this before going on any Seasearch dive (as well as 20 dives, 10 of which must be UK sea and have got to at least BSAC sport or equivelant), and it's the thing that causes most consternation amongst non BSAC divers, some of which then drop out altogether. It's just to give us a bit of protection from getting sued, as we don't have a lot of money.

[Morag]

You have to have this before going on any Seasearch dive (as well as 20 dives, 10 of which must be UK sea and have got to at least BSAC sport or equivelant), and it's the thing that causes most consternation amongst non BSAC divers, some of which then drop out altogether. It's just to give us a bit of protection from getting sued, as we don't have a lot of money.

That doesn't make sense to me as a reason for insisting on it.

How, for example, would me having 3rd party liability, protect you from being sued?

i thought the idea was that a person or body insured themselves to enable themselves to defend themselves against being sued

[machiavelli]

There is a BSAC obsession with insurance

(excuse me for not quoting your horrible choices of font and colour )

There are reasons for that:

• A lot of training takes place in BSAC Branches. The duty of care of an instructor towards a trainee is perceived to be greater than that between two equally qualified and experienced divers, hence it is thought that there is a greater need for instructors to be insured. If an instructor could be liable following an incident, the Branch (which is generally an unincorporated association) could also be liable. You can't sue the Branch, you have to go after individuals. So if instructors need insurance then so do the Committee. And we elect / appoint (according to our Branch Constitution) the Committee from the Membership. A situation where some were insured and some were not would be a nightmare to defend if a bottom feeding ambulance chasing land shark began spraying writs (sorry, 'claims') around after an incident.
• BSAC branches train in swimming pools, the operators of which often want to see evidence of insurance. For broken pool tiles, if nothing else.
• For the last fifty years HQ has gone on about insurance as a benefit of membership, therefore creating the perception that it is necessary. Fair enough, it is a benefit of membership, along with the crappy magazine which no-one reads.
• Some branches can be quite insular and myths have been handed down from generation to generation about who can be liable for what and what does and does not invalidate the BSAC insurance, and BSAC has done little to fix that. Such as a belief that the DO is responsible for all diving carried out by Branch Members, with the Branch or otherwise, and the belief that anyone diving without the DO's permission automatically invalidates their insurance (which would be a bit of a problem for General Branch / BSAC Direct if true). Sometimes those myths have been perpetuated by those who know them to be false, but have their own agendas.

I think there is quite a bit of confusion about the extent and terms of the BSAC insurance, which dosn't help those who feel that insurance is necessary to know if they are adequately covered. BSAC is not unique in insuring its members - the CTC for example automatically insures its members against liability if they run someone over with their bicycles. Because the risks are low it costs next to nothing, and like BSAC, I doubt that anyone would join the CTC only for the insurance.

[corbpm]

Just been thinking (it hurt) about this thread and third party risks i came up with are below, most of em i beleive are completly unreasonable but thats NEVER stopped anyone suing, lots more but i don't even have the experience to think of em.

1. Faulty octopus (fair enough your buddy needed it but yours was faulty - sue em)
2. Failure to provide octopus - Family sues because buddy ran out of air and you where not close enough to save em, or you hadn't checked buddies air (you having more experience)
3. Failure to ascend rapidly from depth (and risking bends) after your buddy diver (who you met yesterday) popped up like a bloody cork cos he was a idiot who lied about his experience and died on surface whilst you where ascending safely (but as fast as possible) due to having wife and kids to worry about.
4. Here borrow mine (insert name of dodgy kit here!) (tanks, regulators etc)
5. Who's weight was that i caught tetanus off ? - silly.
6. Who dropped that recently salvaged lump of brass of that freaking boat - i'm gonna sue.



So TP Liability is probably a good idea, but think i would keep quiet about having it because as someone else said if you have it its more likely to be used.

P.s Disclosure wise :I do work for a Insurance Broker who is VERY unlikely to ever do diving insurance and i am just a web developer there, so my opinion is worth very little and is probably as worthless as everyone elses.