Originally Posted by
malabo
Noted in the article that 85% of helicopters flying today likewise wouldn't meet the new crashworthy standard, so are all those now grounded or uninsurable?
Are you saying the helicopter that you fly carries several hundred million USD insurance cover (for which after this ruling the premium is likely to go up)?
This is your (the operator’s / the owner’s / the pilot’s and now apparently also the OEM’s) third party liability. The awarded amount is newsworthy (and noteworthy to any of us who could be held liable). But the general liability for damages, loss of income, etc. pp. of accident victims (in your aircraft, or ‘innocent’ bystanders on the ground) has always been there, almost entirely regardless of your (be it pilot, operator’s, etc.) proven negligence or complete innocence.
Insurers are quite happy to offer TPL insurance per helicopter for USD 500k TPL cover (legal minimum for commercial operators in some countries) or maybe a few million dollars. If the claim against the insured exceeds the TPL cover, the insurer will pay up to the agreed max cover.
You are liable for the balance.
But I agree. The question is how do we protect ourselves against TPL claims that may by far exceed any TPL cover that the operator possibly can afford.
I also foresee OEM’s to become more ruthless in the future in making mandatory via AD’s to retrofit any possible safety improvement (of course entirely at the owner’s expense) to the entire fleet, the moment a specific risk becomes known or a solution becomes available.
As much as we all feel with the victim of this horrific accident, such a settlement sets a dangerous precedent.