PPRuNe Forums - View Single Post - Fly Bpl - Is It The Beginning Of The End???
Old 10th Oct 2013, 11:23
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SpannerInTheWerks
 
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Impressive_Wingspan

No offensive taken in any way.

Why not look at the aircraft document book, see who the insurers are and call them for a chat to discuss your exposure?
I'm not sure any insurer would disclose information unless you were a member of a club/school - as this would be data protected information.

'Believes' and 'seems' because I don't have access to any information other than that published in the public domain. Without complete knowledge it is difficult to draw a definite conclusion - hence the uncertaintly surrounding my comments.

Most clubs are very similar to what you have outlined.
Yes, I'm beginning to realise that you're probably right and the situation that prevailed years ago when I started flying is very different to the one today.

I wonder how many pilots know the true nature of the insurance in place when the hire a club aircraft and what their actual liability might be?

Imagine writing off an average twin, injuring four passengers and causing damage to 'third party' property at the scene of the incident - £millions potentially in damages.

Below is an extract of the Terms and Conditions relating to the delivery of flight training, as published on the web by one of the country's private/commercial flight training organisations:

6.13 [The Company] and the Student acknowledge and agree that there are inherent risks and dangers associated with the operation of aircraft and, further, that many of these risks and dangers continue to arise, despite the exercise of reasonable care by the parties. The Student hereby acknowledges that it assumes all risks, both known and unknown, associated with or related to the operation of aircraft. [The Company] shall not be liable for any liability arising out of the Course, save where such liability arises from the neglect or wilful act or default of [The Company], or its employees, agents or sub-contractors, in which case, [The Company]’s liability shall be limited to the smallest of: the actual amount of any loss or damage suffered by the Student; and £500,000. However, nothing in this agreement shall exclude any liability of [The Company] for death or personal injury resulting from its own negligence or that of its employees, agents or sub-contractors. THE STUDENT’S ATTENTION IS DRAWN SPECIFICALLY TO THE PROVISIONS OF THIS CLAUSE 6.13.

6.14 The Student shall indemnify [The Company] against any loss or damage which is related to any breach by the Student of this agreement or any act or omission by the Student in relation to the Course, and shall pay all costs and expenses, including professional fees, incurred in, and [The Company]'s reasonable charges for, dealing with the breach and its consequences. This clause shall not apply to any loss or damage covered by any separate agreement between the Student and [The Company] pursuant to which the Student is not liable for such loss or damage.
I've omitted the Flight School's name for obvious reasons and substituted 'The Company'. My italics, but the Flying School's bold print. The implications are obvious - no 'believes' or 'seems' here!!!

Next time you go flying (or instructing) consider the potential monetary liability that could arise - and for which you may be liable - out of an accident or incident irrespective of whether it's your fault or not?!

Some may consider RM tactless in his alleged approach for the recover of damages from the pilot of the Cherokee which crashed at Caernarvon.

But this is a commercial World with little place for sentiment. It may be that RM was legally quite justified in his pursuit of damages from the pilot in connection with that accident?

... and that any other flying training organisation would be advised by their lawyers and insurers to do the same.

Last edited by SpannerInTheWerks; 10th Oct 2013 at 11:43.
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