Insurance payout, need to be proved in court?
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Insurance payout, need to be proved in court?
In respect to light aircraft undertaking non scheduled commercial flights:
Below is a link to the latest EU regulations regarding passenger insurance.
http://www.caa.co.ukdefault.aspxcate...90&pageid=4874
Does the cause of the accident have to proved in a court of law to be the liability of the carrier for insurance to payout?
Or does the insurance company payout to passengers without needing the cause to be proven in court?
Is my understand correct that "legal liability insurance" only pays out after a court has decided that there is neglect on behalf of the carrier?
So an example of say, a bird strike causing an accident in a light aircraft is a genuine accident, out of control of the carrier so no legal liability=no insurance payout to passengers?
The wording of the legislation below specifies insurance has to held for liability for accidents.
Do we have to go to court to prove the AOC was at fault?
What happens if it is a genuine accident?
Here is a relevant paragraph
"The insurance should cover aviation-specific liability in respect of passengers, baggage, cargo and third parties. Regarding passengers, baggage and cargo, insurance should include cover for death and personal injury caused by accidents and for loss or destruction of or damage to baggage and cargo. Regarding third parties, insurance should include cover for death, personal injury and damage to property caused by accidents. (21) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1).
Creaser
Below is a link to the latest EU regulations regarding passenger insurance.
http://www.caa.co.ukdefault.aspxcate...90&pageid=4874
Does the cause of the accident have to proved in a court of law to be the liability of the carrier for insurance to payout?
Or does the insurance company payout to passengers without needing the cause to be proven in court?
Is my understand correct that "legal liability insurance" only pays out after a court has decided that there is neglect on behalf of the carrier?
So an example of say, a bird strike causing an accident in a light aircraft is a genuine accident, out of control of the carrier so no legal liability=no insurance payout to passengers?
The wording of the legislation below specifies insurance has to held for liability for accidents.
Do we have to go to court to prove the AOC was at fault?
What happens if it is a genuine accident?
Here is a relevant paragraph
"The insurance should cover aviation-specific liability in respect of passengers, baggage, cargo and third parties. Regarding passengers, baggage and cargo, insurance should include cover for death and personal injury caused by accidents and for loss or destruction of or damage to baggage and cargo. Regarding third parties, insurance should include cover for death, personal injury and damage to property caused by accidents. (21) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1).
Creaser
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You need to find an aviation lawyer to get this info. Aviation insurance works differently from other insurance.
A while ago one barrister explained it to me. I don't recall the details but it was something along the lines of:
The owner and operator are jointly and severally liable for any damage on the ground. This is a strict liability.
The pilot is personally liable (to anybody) only if found negligent.
Passenger liability exists only if there was negligence.
Most legal actions therefore attempt to establish that there was negligence, obviously.
But as I say, do check this with someone in the business.
A while ago one barrister explained it to me. I don't recall the details but it was something along the lines of:
The owner and operator are jointly and severally liable for any damage on the ground. This is a strict liability.
The pilot is personally liable (to anybody) only if found negligent.
Passenger liability exists only if there was negligence.
Most legal actions therefore attempt to establish that there was negligence, obviously.
But as I say, do check this with someone in the business.
