A DM without insurance

[opie]

I was talking to a lady at the quarry this past weekend. She said she was a DM but didn't carry any insurance,for she was not interested in teaching or supervising any students. Said she only took the course for the knowledge aspect of it.

Just curious of any others that have done this.

 

[Diver0001]

I was talking to a lady at the quarry this past weekend. She said she was a DM but didn't carry any insurance,for she was not interested in teaching or supervising any students. Said she only took the course for the knowledge aspect of it.

Just curious of any others that have done this.

Yeah, it's not that uncommon.

It's also fairly common for people to take the DM course with the intention of working and then for whatever reason after short time to stop with it.

R..

 

[RJP]

I was talking to a lady at the quarry this past weekend. She said she was a DM but didn't carry any insurance,for she was not interested in teaching or supervising any students. Said she only took the course for the knowledge aspect of it.

Just curious of any others that have done this.

Not uncommon, but the legal aspects of this approach are potentially problematic. Imagine you are a non-insured DM who is diving with an insta-buddy on vacation somewhere. Imagine such a buddy has a problem and the dive ends badly...I mean REALLY badly. Now imagine the insta-buddy's family hires a lawyer and sues the dive op, the boat captain, and YOU!

"As a Divemaster, certified by agency X, could you please explain to the jury and the family of the deceased why you didn't..."

 

[SelkieDVM]

Does the liability insurance extend to situations where you are not acting in a professional capacity? I'm asking because I don't know. I just got my DM and haven't yet gotten insurance. The website for Valencia & Buckley at least states that it, "Covers liability arising from the insuredÃÔ PADI-sanctioned teaching or supervising of recreational Scuba diving or Snorkeling." Nowhere does it state that activities not related to teaching or supervising are covered, but admittedly this is just the coverage-in-a-nutshell section of the website. Has anyone read their policy to see if this is addressed? I'm not debating the merits of having liability insurance, it would just be nice to know all the specifics before I actually send the money.

 

[The Kraken]

The discussions regarding the liability of a diving professional while participating in a non-instructional activity always interest me.

Needless to say, I'm not a lawyer, but I would hazard a GUESS that if action were brought against a professional from the surviors of the victim, the defending counsel might try to use a "due dilligence" defense.

As an instructor, one is reasonably expected to exercise a higher degree of "due dilligence" while instructing than what one would be while diving for recreational purposes.

I would think that the requirement of "due dilligence" would vary greatly between recreational and instructional diving activities.

But, I'm not a lawyer and that's just a GUESS.

Perhaps one of these day we will have a member who has experienced, first hand, this situation and then we may be able to see how the court of law in her/his particular state adjucitaed the case and understand the reasons thereof.

the K

 

[opie]

Not uncommon, but the legal aspects of this approach are potentially problematic. Imagine you are a non-insured DM who is diving with an insta-buddy on vacation somewhere. Imagine such a buddy has a problem and the dive ends badly...I mean REALLY badly. Now imagine the insta-buddy's family hires a lawyer and sues the dive op, the boat captain, and YOU!

"As a Divemaster, certified by agency X, could you please explain to the jury and the family of the deceased why you didn't..."

So being a DM is like being a police officer,your ALWAYS on duty.

Would seem to me that if you had the insta-buddy and something happened that as a good buddy you would try to help and do whatever you could. With you not teaching,leading or supervising that said buddy i don't really see how you could be held responsible just because your a DM.

 

[ReefHound]

Not uncommon, but the legal aspects of this approach are potentially problematic. Imagine you are a non-insured DM who is diving with an insta-buddy on vacation somewhere. Imagine such a buddy has a problem and the dive ends badly...I mean REALLY badly. Now imagine the insta-buddy's family hires a lawyer and sues the dive op, the boat captain, and YOU!

"As a Divemaster, certified by agency X, could you please explain to the jury and the family of the deceased why you didn't..."

If you have not renewed your status then officially you are not a DM anymore. Not that DM insurance would cover a recreational buddy situation anyway.

 

[opie]

If you have not renewed your status then officially you are not a DM anymore. Not that DM insurance would cover a recreational buddy situation anyway.

She said her DM card is current,as in paid up. Just that she doesn't carry the insurance.

 

[The Kraken]

Well, being a DM is sort of like being dead, you are or you are not.

Once one has passed the exams and has applied for certification and has received the c-card, then one is a DM. Now, whether one is a PRACTICING DM, in the PADI vernacular, is another matter.

In the PADI world, one has to be a renewed member and have liability insurance to be given a stamp of approval in order to conduct those activities allowed unto divemasters.

the K

 

[LowVizWiz]

You don't have to carry insurance to be renewed, PADI will gladly take your money for the year. I'm not sure about other agencies.