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Pax sign document and indemnify pilot

Posted: Tue Nov 28, 2006 5:43 pm
by Caledonner
When I take a passenger for a flip, is it necessary that he /she signs a document that indemnifies me in case of an accident ? If so , will you please be so kind and post an example of such a document on the forum.

Posted: Thu Nov 30, 2006 5:45 am
by Graham Speller
In the absence of appropriate insurance, a "hold harmless and indemnity" agreement is your only defence against claims for compensation following a loss.

The "hold harmless" bit is where the pax personally agrees not to hold you liable, etc. etc.

The "indemnity" is where the pax says "and if anyone else claims from you, I'll reimburse you".

The indemnity is needed because you cannot sign away the rights of others, including your dependants. So, if a pax were killed and his widow, with one on the hip and one in the oven, successfully sued for compensation, the indemnity would mean that the pax's estate would have to reimburse you. The same goes for claims by the pax's children.

I have no problem with asking for a hold harmless undertaking from an individual with no dependents. But to ask for an indemnity from a person with dependents is, in my opinion, like stealing from widows and orphans...I'd rather not get into that position!

So, for me, if you cannot arrange adequate passenger insurance, either don't carry pax or only carry those you know are single and have no dependents who might suffer financially if the pax is killed or seriously injured.

Posted: Thu Nov 30, 2006 8:00 am
by C205
We've discussed this topic at length some time ago. The concensus was (if I remember correctly) always get a pax to sign an indemnity, although it won't protect you in case of negligence. Can someone post the link? Ta

Posted: Thu Nov 30, 2006 11:25 am
by Morph
C205 wrote:We've discussed this topic at length some time ago. Can someone post the link? Ta
http://microlighters.co.za/viewtopic.php?t=2200

Posted: Thu Nov 30, 2006 11:25 am
by Thunderboy
demon wrote:I have a standard one available if anyone wants it
please :wink:

Posted: Thu Nov 30, 2006 8:48 pm
by DarkHelmet
I have the forms in my oil case at the field. But I always rush in, grab the fuel en start filling up! Need to add it to my pre-take-off checklist I think.