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fireflybob
10th Jun 2013, 19:49
Some discussion locally.

If, within a flying Club, the pilot in command was not a "member" (ie membership form not signed and/or accepted) what liability would a Club have in the event of a serious accident?

Would this affect an insurance payout?

At what point is someone deemed to be a "member".

Thanks for any help

Whopity
10th Jun 2013, 22:00
What is a club? Two or more people with common interest perhaps! No need for constitution, rules or membership forms. Liability will depend upon the ability to prove responsibility and or neglect whilst insurance coverage will depend upon the terms of the policy itself. Think of those clubs that own no aircraft, but rent them from members. The aircraft are invariably insured by the owners not the club so it could be different for every aircraft used by the club. A larger club may have liability insurance which will vary from one provider to another. If you have not followed the agreed processes then I am sure the insurer will take every opportunity to opt out because you have not kept your part of the contract.

Level Attitude
11th Jun 2013, 23:33
If, within a flying Club, the pilot in command was not a "member"
(ie membership form not signed and/or accepted) what liability would a
Club have in the event of a serious accident?
Unless the Club had provided an aircraft with a defect, and that defect
being the cause of the accident, I cannot see the Club being liable at
all - irrespective of whether the PIC was a member or not.
(NB: Slightly different if Club was also a school and PIC was solo student
but very unlikely in this case that student would not be a member of club)

Would this affect an insurance payout?
Aircraft insurance is usually provided to named individuals and/or specific
groups of people - ie Mr J Smith plus any qualified Flight Instructor plus
any member of "XXX Flying Club".

Therefore the PIC in your scenario is likely to be uninsured.

At what point is someone deemed to be a "member".
Once they have complied with any stated Club requirements.

Usually, as you say, by completing a written membership form or equivalent.
But could just be any "officer" of the Club stating: "OK, you're a member"