Thursday, April 1, 2004
Got Insurance? Are You Sure?
You may be as surprised as we were to discover that as many as half of America’s active pilots unknowingly fly without it
Even more sobering for pilots who rely on others to provide insurance is that there’s really no way to know if there is any insurance in the first place. “The non-owner pilot doesn’t know what, if any, coverage he or she may have under the owner or operator’s policy, or even if the policy is in force at the time of loss. There have been far too many accidents in aircraft on which coverage has lapsed or been cancelled altogether,” Lauerman says.
The lack of insurance coverage exposes renters and borrowers to more than just high deductibles and the loss of operating revenue. If the aircraft accident involves injuries or substantial damage, being responsible for just the deductible would look like a blessing.
“If the non-owner pilot causes damage, there is a strong likelihood that he or she will be held responsible, if not by the owner of the aircraft, then by the owner’s insurer through a process called subrogation,” says Lauerman. The bottom line is that while the insurance company may pay the claim, there’s a good chance it’ll turn around and sue the pilot to recover the money. “The exposure most frequently overlooked,” Lauerman suggests, “is not the injury or damage caused to others, but rather the cost to defend oneself from the litigation that arises out of the accident.”
AOPA’s Sterling agrees. For the pilot who purchases non-owner insurance, “at least, if you do end up in litigation, you’ll have someone there with you—your insurance company’s attorney.”
Lauerman adds, “It’s a scary prospect to face a plaintiff’s attorney alone, and an expensive and difficult prospect to find and fund your own attorney out of your own pocket.”
Renter insurance remains below most pilots’ radar perhaps for two reasons. One, while premiums are generally inexpensive (rates vary as to coverage, but fall in the “several hundred dollars” category), low premiums make for low commissions. If the policy has to be brokered—acquired by the seller or insurance agent from a second party—the commission is further diluted (Avemco is the only direct writer of non-owner pilot insurance). Insurance agents are better served by spending their time selling high-paying policies and may not even suggest a non-owner policy. Two, most pilots and many FBOs just aren’t aware of the potential risks they take together as renters and rentees.
Sterling thinks FBOs do a great job of teaching flying, but that they have some room for improvement in teaching pilots how to rent. “They teach pilots to check the weather, check the fuel, do a thorough preflight,” he says, “but they don’t teach them about the insurance environment. Pilots falsely think they have coverage under the FBO’s policy.”
“FBOs could benefit greatly if all their renters purchased non-owner aircraft policies,” Lauerman says. The operator and the pilot would be on the same side in litigation when both renter and FBO are sued. The relationship would be cooperative instead of adversarial.
Instructors could go a step further in educating their students to be more sophisticated about renting aircraft. “I’m not only going to teach you how to fly, I’m also going to teach you how to rent,” Sterling suggests to CFIs.
Avemco and others are in the midst of a major effort to educate the general-aviation community about the need for non-owner aircraft insurance. “Compared to most costs in general aviation, non-owner aircraft coverage is inexpensive and could go a long way toward addressing some of the problems we face as an industry,” Lauerman states.
“At the end of the day, if a pilot has a loss and is uninsured,” Sterling says, “he might get knocked out of the flying game. And that isn’t good in the long run for general aviation.”
AOPA Insurance Services
Avemco Insurance Company
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