Sue the Captain!

[capt waffoo]

In another topic on this forum (well, OK, the forum this post was on for twenty seconds before it got moved) it is stated that in an accident (in its literal sense, I guess) the Captain's relatives might sue the Company whilst the FO's rellies would sue the Captain's estate.

I find this a rather worrying prospect should I ever be involved in an "accident".

1) Is this scenario ralistic?

2) If so, should my employers not have advised me of this possibility?

3) Should I be insured against this eventuality? If so who should pay the premiums, myself or my Boss?

[Capt. Crosswind]

Some years ago the legal advice/opinion given regarding an accident when the flight crew were operating in breach of flying hours/rest periods was :

* Captains estate can be sued by the next of kin of the crew &
passengers.
* Also by the company.

[BlueEagle]

What you would be looking for is called Professional Indemnity Insurance, the same as many other professions already have, Medical for one. Ask your employer if they have it on your behalf, I personally doubt it!

I suspect you would have to pay the premiums, variable upon the amount of cover that you seek, probably best obtained via a Lloyds broking house as this is specialist insurance and often not written by high street companies.

[willbav8r]

Professional Indemnity insurance is written worldwide. Lloyd's is a big provider of this coverage, but these days there a number of traditional companies that usually prove to be competitive.

Get some advice, and think about your position. Are you a 747 Captain flying 400 pax, or a Lear driver for a freight company?

Are you flying in the US, or Europe? Could you potentially be sued for $2m or $200m?

You may be opening up a big can of worms by purchasing such a policy in the first place.

Perhaps those with these policies, or in such positions could comment?

[BlueEagle]

There you are Capt. Wafoo, you have an insurance professional on side who makes very valid points re exposure etc.

My remark about high street companies was only suggesting that in most towns they concentrate on home, car, PA etc. leaving thing like PE to the bigger insurance market.:)

[surplus1]

You don't say whether you fly for an airline, as a corporate pilot or privately.

In the United States, many contracts of unionized pilot groups contain a clause that guarantees the Company will indemnify the flight crew in any litigation resulting from on the job accident/incident, unless a result of the pilot's willful intent. Premiums are paid by the Company.

If you have an estate to protect, you should be insured. If you are an airline pilot with a union, this should be a part of your contract, IMO.

[Carruthers]

All British companies must carry insurance to cover vicarious liability. This is to cover their employees for liability whilst engaged in their business. The company cannot evade liability even if the employee was acting against their instructions, SOP's etc. The law considers that right or wrong the employee would not have acted if it were not for the employers requirements. In practice it means anyone wronged sues the company and gets compensation not the employee who probably wouldn't have the means to compensate. Don't waste your money on liability insurance unless you are self employed.

[Carruthers]

P.S Professional bodies will provide liability insurance for their members acting in a private capacity. Unions do not. BALPA and the IPA do not provide liability insurance but personal legal cover, a completely different thing usually limited to the amount you would require to defend yourself in a legal action but not designed to provide liability cover, that would be ruinous in this day and age.