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  • Writer's pictureDave Stewart

Personal liability travel insurance – When do you need it?

When Craig left the hot city of Durban to visit his brother in London, he was unprepared for the cold snap that he encountered. “I thought that my South African jacket was plenty,” says Craig, “but man it didn’t keep out the cold. It was chaos in London, snow everywhere and slippery everywhere you walk.  It was the first time I had seen snow and it was absolutely beautiful but it really messes with travel and the transportation system. I found if I used a vest under a T-shirt, under a fleece under my jacket, then I was warm. Fred kept teasing me about a wet suit not working in this type of cold.”

Craig went with Fred and his children tobogganing in a park near their home. Craig takes up the story, “There was a small slope with a lot of icy snow on it and we were having such fun with Richard, Fred’s 4 year old when Richard told me to have a go. Well it was a silly idea. I was heavier than Richard so I went a lot faster and could not control the toboggan. Eventually I had to choose between hitting a woman or knocking a kid down and I chose the former. The woman ended up with stitches on her leg and concussion as a result of the collision. I was absolutely fine though having used the sled to mow her down.

An ambulance was called and the woman’s angry spouse (small man luckily) took my name and address in Durban and afterwards said we may need to talk to you about your personal liability in this for medical costs. I was shocked. I couldn’t think. The next day my brother asked if I had travel insurance, which I did through Travelinsure. I had taken the Leisure travel insurance which has personal liability cover of three million rand. “

Personal liability travel insurance covers you if during your Insured Journey you become legally liable for accidental bodily injury to, or the death of, any person and/or Accidental Loss of or damage to their property, then on condition that there is no other insurance in force covering the loss, the material damage or your liability, we will cover you (or in the event of your death, your legal personal representatives) against:

  1. All amounts which you become legally liable to pay as compensation; and

  2.  All legal costs awarded to any claimant or incurred in the defence of any clam that is contested by us or with our consent. We will pay up to the limit of liability stated in the schedule of benefits.

“The first thing the Travelinsure help desk told me,” says Craig, ”was not to make any admission, offer, promise or payment, without their written consent. They also said that if necessary they may take over the defence if there was one and there were several exclusions such as, the court submission either had to be in South Africa or in England where the incident occurred.  They established that it was an accident and it was not malicious or deliberate and they also checked that it was not something that happened in my line of work (I don’t think so!) otherwise I would not have been covered. “

Craig returned to South Africa. Luckily the injured woman was covered under her own medical insurance and had no intention of suing Craig. “That was a relief,” breathes Craig, “but it was also comforting to know that my personal liability travel insurance covered me for this type of thing.”

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