Saturday, November 8, 2014

I CAN NO LONGER FLY PASSENGERS



When I started flying I had $5 million insurance smooth. That is back when $5 million dollars was a lot of money, and the courts were not a lottery system. My insurance decreased over the years down to $2 million smooth, $1 million smooth, to where it is today at $1 million with only $100,000 per seat. 

The court system has changed dramatically over the years. I have always said if you are a plaintiff have a jury trial, if you are a defendant and guilty have a jury trial and if you are a defendant and innocent request that the judge makes the decision. Juries are very easily swayed by a good attorney and computer graphics. 

Recently in Phoenix there was a case involving 2 TV stations whose helicopters lost situational awareness and crashed into each other with multiple deaths. The insurance companies refused to settle with the heirs, and this case went to trial. The attorneys for the plaintiffs were granted their request to introduce a computer generated recreation of the crash. I was able to review this, and from all the facts of the event, I did not feel it was an accurate recreation of the way things happened. I knew right away the defense was in trouble. If this was presented to the jury the amount of jury award would have been unfathomable . The insurance companies settled before this recreation could be presented into evidence.

This brings me to the reason I can no longer fly passengers. My wife and I have worked hard to build an estate for retirement. If I had an accident and was sued by my passenger or their heirs, my estate would be financially depleted. $1 million with $100,000 per passenger would not cover much in a lawsuit. 

Over the years I have enjoyed giving people their first ride in a GA airplane. They always loved flying into Sedona for breakfast with the thrilling views and great airport. I can not do this anymore in good financial conscience.

When I flew for Angel Flight the passenger signed a waiver. Waivers are not worth much any longer and can be easily pierced. It is my understanding that the EAA takes out an insurance policy to protect its pilots for their Young Eagles events. This is a good thing as there was a mid air about a month ago where both pilot and child were killed. The charity I have worked so hard for raising money, came out with a detailed waiver for the pilots to sign 2 nights before the event. In good conscience I could not sign this waiver and refused to fly. This was a big disappointment for me, but I could not put my estate at risk.

I miss flying friends and now only fly with my wife. The world has changed, and I have had to adapt. I am not very happy about it, but I have to be practical.


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