SCUBA December 2022 Issue 131 | Page 36

It ’ s the policy we all get as a benefit of our membership . But what exactly is BSAC ’ s liability insurance , what does it cover and why is it important ?
MEMBERBENEFIT

BSAC insurance explained

It ’ s the policy we all get as a benefit of our membership . But what exactly is BSAC ’ s liability insurance , what does it cover and why is it important ?

We are living in an increasingly litigious culture , and any sport with elements of risk or dependency is vulnerable to legal action . BSAC ’ s ethos of real world training and mutual dependency could leave members open to a variety of aggressive legal actions . But by having a robust insurance against such claims , our members can continue to operate within the bounds of their qualifications , in the knowledge that liability suits are covered for up to £ 10 million for any single claim .

So , what is a liability policy ? In this context , it provides cover for legal liability incurred for injury to a third party and / or third party property damage . To qualify for the cover , the injury or damage must have been caused while the member / branch is engaged in a BSAC related activity , scuba diving or snorkelling , within their training limits .
In addition to providing cover to any third party making a claim against you , BSAC ’ s policy has an extension to cover claims from fellow members . This means that while all BSAC members are covered equally , you are able to make a claim against another BSAC member . This is not usually included in liability policies , but for BSAC it is important members are protected against each other , as well as from a third party who is not a member .
It ’ s worth making clear that while the club ’ s liability cover applies anywhere in the world , it is completely different to what is commonly referred to as ‘ travel insurance ’. If you wish to insure yourself for medical treatment , theft and disruption

“ It is completely different to what is commonly referred to as travel insurance ”

while travelling beyond the UK ( or your home nation ), then you must personally take out a specific policy that caters to your needs . Almost all dive centres and liveaboards will insist on proof that you have this form of cover before they ’ ll even let you in the water ... because an uninsured diver is a problem .
They won ’ t insist on third party liability insurance though , because unlike managing a diver suffering from DCI , it ’ s not their problem . If their guests decide to sue each other , the host operation will happily take a backward seat and hope none of the flak hits them . Unless of course they decide to sue you as well .
Civil or criminal ?
Back to Third Party Liability . What can you be charged with that could command a significant pay-out ? In a word , ‘ negligence ’. Establishing fault in the event of a diving incident is a complex ( and costly ) process . The most likely scenario would be that a civil claim would be made against you for negligence . However , criminal charges could be brought against you if there is evidence of an unlawful , intentional act , which may not be covered by the policy .
What ’ s the difference between civil claims and criminal actions ? A civil claim is where a third party brings a claim against you for injury , death or damage to property . In the event of a civil claim , your BSAC insurance will cover any claims for damages and the legal costs of your defence , these legal costs can run in to the £ 1,000s . The level of cover included
36