DE Instructing & liability
03-23-2006, 08:04 PM
#1
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DE Instructing & liability
A friend of mine sent me this via e-mail, your thoughts?
The old attorney adage applies here," If you are unsure of the
answer,perhaps you should not ask the question."
In any event I asked my Insurance company, thru our agent, if our umbrella
liability insurance covered me while acting as an instructor at subject
events. The answer was NO!!
The logic is that you are being compensated for your efforts thru reduced
entry fees, free track time or goods or whatever. Therefore umbrella
liability as a part of the Home Owners policy is not "in force".
Additionally as an instructor you will be regarded as an expert and will
therefore be held to a higher standard of accountability.Would many
instructors credentials really stand up to and qualify for a Courts
definition of expert. If you are ultimately declared to not be an expert
are you more or less liable?? Even if one of your "students" crashes their
car while driving alone on the track after receiving instruction from you
,you may be held liable. The assertion here is that the student was
improperly advised/instructed. Irrespective of winning or losing one would
be out a bundle of bucks just litigating the case. Is the compensation worth
the risk?
My Insurance company is West Bend Mutual located in West Bend
Will be making more inquires on this subject
answer,perhaps you should not ask the question."
In any event I asked my Insurance company, thru our agent, if our umbrella
liability insurance covered me while acting as an instructor at subject
events. The answer was NO!!
The logic is that you are being compensated for your efforts thru reduced
entry fees, free track time or goods or whatever. Therefore umbrella
liability as a part of the Home Owners policy is not "in force".
Additionally as an instructor you will be regarded as an expert and will
therefore be held to a higher standard of accountability.Would many
instructors credentials really stand up to and qualify for a Courts
definition of expert. If you are ultimately declared to not be an expert
are you more or less liable?? Even if one of your "students" crashes their
car while driving alone on the track after receiving instruction from you
,you may be held liable. The assertion here is that the student was
improperly advised/instructed. Irrespective of winning or losing one would
be out a bundle of bucks just litigating the case. Is the compensation worth
the risk?
My Insurance company is West Bend Mutual located in West Bend
Will be making more inquires on this subject
03-23-2006, 08:50 PM
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It would be interesting to hear of examples where a waiver did or did not protect the instructor or club.
I am reconsidering my involvement and I have at a friend who has pretty much ceased instructing (and no more rides for others either) due to liability concerns. As I get closer to an early retirement, I'm less inclined to do anything that puts the retirement funds at risk.
I am reconsidering my involvement and I have at a friend who has pretty much ceased instructing (and no more rides for others either) due to liability concerns. As I get closer to an early retirement, I'm less inclined to do anything that puts the retirement funds at risk.
03-23-2006, 09:00 PM
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If it concerns you, don't do it.
Just my personal approach to life, but I don't let such input stop me from taking reasonable (to me) precautions/protections through "waivers", insurance, etc., then letting life happen.
Just my personal approach to life, but I don't let such input stop me from taking reasonable (to me) precautions/protections through "waivers", insurance, etc., then letting life happen.
03-23-2006, 10:33 PM
#6
All PCA regions should have a copy of a letter on this specific subject from PCA National's Insurance officer.
The short summary is that at all PCA events that are covered by a PCA insurance certificate, all club officers and volunteers, including instructors [of course], have the full protection of the PCA's liability insurance coverage. A signed waiver is required to have been signed by all participants and visitors in order to qualify for this protection.
Your local PCA region has a copy of the letter, and it should be available to all members to see.
The short summary is that at all PCA events that are covered by a PCA insurance certificate, all club officers and volunteers, including instructors [of course], have the full protection of the PCA's liability insurance coverage. A signed waiver is required to have been signed by all participants and visitors in order to qualify for this protection.
Your local PCA region has a copy of the letter, and it should be available to all members to see.
Last edited by APKhaos; 03-24-2006 at 12:38 PM.
03-23-2006, 10:39 PM
#7
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How about non PCA events?
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03-23-2006, 11:20 PM
#8
Originally Posted by Hacker-Pschorr
How about non PCA events?
03-24-2006, 12:20 AM
#9
Still plays with cars.
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PCA Events - you can see a copy of the coverage on the PCA web site. Instructors are covered. I don't know about non PCA but I suspect that BMW has a similar policy.
Rgds
Rgds
03-24-2006, 12:52 AM
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I'm going to stop giving my mother advice until she signs a waiver of responsibility.
03-24-2006, 02:06 PM
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It's only a matter of time before someone tests the legal waters for this issue. I have often thought of not instructing for this reason. The problem I have is if I go as a solo driver, I can't run in the instructor's group with my friends.
03-24-2006, 02:26 PM
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That's the #1 problem for me when I go to PCA events. I don't necessarily want to instruct sometimes. But if I don't, then I'm not allowed to run in Red. And running in black sometimes isn't much fun.
So, I always instruct, whether i want to or not, just so I can drive in Red, get the more liberal passing options, and run with cars that are generally in the same speed range as mine...
Kinda sucks. But I'll keep on doing it until they let me run in Red without instructing. If some student sues me, I'll call my buddy Vinnie, and that problem will magically just go away.
Brian
So, I always instruct, whether i want to or not, just so I can drive in Red, get the more liberal passing options, and run with cars that are generally in the same speed range as mine...
Kinda sucks. But I'll keep on doing it until they let me run in Red without instructing. If some student sues me, I'll call my buddy Vinnie, and that problem will magically just go away.
Brian
03-24-2006, 02:45 PM
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In Ohio, the duty to defend by your umbrella carrier is greater than the duty to cover so I would say the cost of litigating would fall squarely on your insurer if the PCA policy did not cover for some reason.