Passenger Liability Claim After Fatal Crash

[twheeler]

Hi,

My father was killed last year in a light aircraft and the insurance company is being awkward to say the least and I would appreciate anybody's comments and opinions on what's going on.

As laid out by the regulatory authority and enforced by the CAA the minimum passenger liability insurance standards at 100,000 SDRs in the event of an accident. The policy cover the aircraft my father was in had this cover (slightly more) but we've had a really tough time tracking down the company (CV Starr). We're now being pointed at a solicitors firm who are handling the claim on behalf of the insurer.

From this solicitors firm we have been asked to produce ridiculous "justification" in respect of the compensation. They want all bank statements, CV for my father, earnings, job reference - the lot! The trouble is that my father owned and ran his own business and a lot of this is both not relevant but also difficult to produce. What really winds myself up is justifying how UPTO £100,000 is anywhere near compensation enough for the loss of my mothers husband and providing spouse.

I am thinking that this could be the insurance company trying to duck out of the payment in any way they can but it is my opinion that in the event of death there should be no question about "justification".

I have tried the CAA for advice but they pointed me at the FSA (Financial Services Authority) who in turn pointed me towards the financial ombudsman although they won't be able to give me any advice because the insurance was not in our name!?

Has anybody else dealt with insurance claims before in the aviation world to give me some opinion?

[welliewanger]

Just sounds like a typical insurance company to me. Your dad is just a "cost" to them. They have to go through the procedures and do their level best to wriggle out of the situation.

Scum, the lot of 'em.

[parabellum]

It is my understanding that if the policy wording states payment 'up to' a policy limit, in this case SDR100,000, then the insurers may ascertain the financial status of the deceased and make a payment accordingly.

If the policy is written as I have suggested then possibly, from a legal point of view, your father entered into a legal agreement when he accepted the flight, the Ts & Cs either being printed on the ticket or pointed out by the owner/operator, a responsibility they may or may not have fulfilled.

Strongly suggest you take legal advice as you will only get anecdotal and unqualified opinion here on PPRuNe.

Insurers aren't scum, they run a business and it is the insureds responsibility to make certain they know exactly what they are buying when they enter into an insurance agreement with an underwriter, 99.9% of people who buy insurance don't read the policy wording, too much trouble.

[Piltdown Man]

entered into a legal agreement when he accepted the flight

You may be making an assumption that this was a commercial flight. I wouldn't guarantee it. Maybe twheeler would let us know what sort of flight this was, ie. was it private or was it an instructional/commercial flight.

PM

[Northbeach]

mph Solicitors advertises here on PPRuNe.

McCool Patterson Hermsi.

Solicitors UK

I know nothing about them other than they advertise on this site.

[richard.higham1989]

ive heard of them and seen their adverts. They say they specialise in aviation claims on their site so probably worth a look.

[MrNosy2]

I assume this is a policy of indemnity intended to indemnify your father's dependants for the loss of his support and will make no attempt to put a value on your father's life, which is beyond price. Hence all the unpleasant questions about your fathers income etc at this difficult time.

CV Starr is a major GA insurer.

[justmaybe]

twheeler
It is not clear from the information provided the full circumstances that lead to your father's death. Although you have mentioned that death occurred as a result of a 'light' a/c accident, was he a passenger or pilot; was the flight being undertaken for commercial air transport, leisure, training etc. Did the accident occur in the UK? Has the AAIB published a report? Has an Inquest been held,or are criminal proceedings in contemplation? Terms of insurance contract etc There is thus a question of liability (Culpabilty) and without knowing that sort of information it is difficult to get any considered views. For what it is worth, my dealings with aviation insurers has been positive (3 aircraft losses and 1 a/c loss with fatality) Death or injury in a/c accidents are not significantly more difficult to litigate than in other circumstances, but please get a good solicitor to review and advise. It should not be that expensive.