Are you a frequent traveller or an infrequent traveller? Whichever way, you need to know your insurance rights while on board an airplane. There is also the need for you to know your liabilities and the liabilities of the airline on you as a passenger on board a local or international flight. Most times, passengers don’t bother to read the conditions in their ticket. Many don’t even know they have a right to ask the airline to show evidence of insurance either during purchase of ticket or at boarding point. Here are tips for you on aviation insurance
Passenger and Passenger baggage Legal Liability Insurance
This type of cover is effected by an air operator or airline to protect itself against any sum or sums which they would be liable to pay in respect of any accidental bodily injury death or loss of baggage to any person being a passenger and holding a ticket.
These liabilities apply when the person is entering into, is being carried in or is alighting from the aircraft. The insurer indemnifies the insured against all sums he is legally liable to pay whether according to international law or local legislation. Subject to a maximum limit of liability agreed at inception of the policy. Standard exclusions include the crews which are normally covered under a separate policy.
Third Party Legal Liability
This is effected by an aircraft operator to indemnify himself against all sums the insured would become legally liable to pay in respect of accidental injury/death or accidental property damage to third parties or to the public caused directly by the aircraft or falling of objects there from. The limit of liability is usually agreed at inception of the policy. Various countries have set minimum limit for aircraft that would overfly their air space. This type of insurance is sometimes referred to as public legal liability insurance
WARSAW 1929/Montreal/Hague Conventions
There was a convention in 1929 which set the stage for the future development of all international treaties. The convention has had profound and lasting effects on the rights of passengers and obligations of air carriers. At this convention, participating countries endorsed an Agreement/Protocol for the unification of certain rules relating to international carriage by air. It dealt with the carriers liability to passengers and goods including baggage. The various conventions are domesticated by member countries by passing appropriate legislation.
NCAA Act 2006
Relevant sections relating to passenger liability is of interest to us. The Act prescribes a minimum legal liability of US$100,000 (16.3 million) per passenger on the domestic route. Prior to this Act, the limit was US$10,000 (1.63 million) per passenger on the domestic route.
Claims Procedure for Passenger Legal Liability
The passenger should immediately notifiy the airline who in turn will inform the insurance company. Obtain the passenger manifest together with the Nationalities of the passengers. Also obtain Specimen Air ticket, passenger flight coupons, statement of claim and names of injured passengers.
Obtain medical report in case of bodily injury, copies of any correspondence with the next of kin or passenger legal representative, death and burial certificate, name and addresses of the next of kin and the passengers. Limit of liability is governed by applicable local and international laws or convention.
Passenger liability claims fall under two main categories which is claims for death, injury, loss or damage to property or delay arising out of carriage under a contract of carriage with a commercial carrier.
The other is claims arising for death etc occurring on flights where the passengers are guests in a private aircraft or there is no contract of carriage.
A guest is described as somebody who was invited on an airplane and did not pay airfare. In this case, the person cannot make a claim for compensation.
Claims for Passenger Baggage
Passenger baggage is divided into two separate categories. The checked or registered baggage and the Unchecked or unregistered baggage.
Checked baggage is handed over to the carrier, weighted and a receipt issued (luggage tag) Unchecked hand baggage is retained by the passenger and taken into the aircraft with maximum weight of 10kilograms and consist of small items, brief cases, Hand bags, coats etc.
The warsaw convention holds the carrier liable for loss or damage to baggage including damage occasioned by the delay of checked baggage unless the carrier is able to prove that he took all necessary steps to avoid the loss, that there was contributory negligence on the part of the passenger or that the loss or damage was caused by the negligence of the aircrew.
