Hi
I recently left uk to go on a two week holiday to Cape Verde. On the 3rd day of my holiday I was hit by a dive boats propeller. (I had finished a dive and was about to get on the boat and engine started up and went across my legs)
I have heard it a hundred times how lucky I am. But I don't feel particularly lucky, (my hol ruined) my legs had deep cuts, 39 stitches I was taken to hospital stitched up and the had to come home after a week. The wounds are healing but i still have very little movement and can't walk far will have scars. I have to get taxis everywhere (hospital, shop, gp) the travel insurance has been crap and I have just phoned the legal dep to see if i will be able to claim all the taxi fares back (still not back at work but when i do it will cost £12 a day in taxi fares as I cycle to work but won't be able to for a while. The legal team has said it is unlikely as Cape Verde are under Portuguese law and it is an unknown legal system. basicaly the chap sounded very dismissive and sounds like the dive centers negligence and the fact that their incompetence caused the accident has no bearing on anything. I feel really angry now and helpless, I have lost a holiday, been in pain, been off work and spending extra money because of situation and they get off?
I have spoken to 2 law firms in Leeds and they won't touch claim as I did not book a package holiday.
I feel really ignorant as to what I can do.
I know I have my legs and as everyone says how lucky I am but it still should not have happened.
If anyone can offer any advice I would be so grateful
Sorry to hear of your accident.
Did your insurance cover you?
What I mean is most insurances don't cover for things like Diving or Paragliding so did you have any extra cover which covered you for the diving? (sports cover?)
If not did the company you dived with make you sign anything before diving?
To be honest I think the problem will be with the diving company and not with your own insurance (I could be wrong though), unless your insurance covered you for Diving?
Did your insurance cover you?
What I mean is most insurances don't cover for things like Diving or Paragliding so did you have any extra cover which covered you for the diving? (sports cover?)
If not did the company you dived with make you sign anything before diving?
To be honest I think the problem will be with the diving company and not with your own insurance (I could be wrong though), unless your insurance covered you for Diving?
Hi
I made sure i was covered to 30m diving. The dive company did make me sign something. Its a very slow process. they have Dan insurance. Even though my hol was cut shorth by ten days and i had to cancel 3 flights because of my injury and not being able to fly, i still have not been reimbursed for the flights which i thought would be a straightforward part.
I have been off work 4 weeks, have to get taxis any distance and im still in pain.
I made sure i was covered to 30m diving. The dive company did make me sign something. Its a very slow process. they have Dan insurance. Even though my hol was cut shorth by ten days and i had to cancel 3 flights because of my injury and not being able to fly, i still have not been reimbursed for the flights which i thought would be a straightforward part.
I have been off work 4 weeks, have to get taxis any distance and im still in pain.
Sounds awful!... and makes some of the complaints on here look incredibly pety by comparison.
From reading the post, I understand that you booked the diving arrangements direct with the Cape Verde diving company and therefore the contract is between you and them. Any recompense will need to be sought from them so finding a UK entity to claim from may be a bit difficult.
For that reason you may have problems finding a good solicitor in the UK. Perhaps researching a solictor abroad might get you the desired effect.
Mark
For that reason you may have problems finding a good solicitor in the UK. Perhaps researching a solictor abroad might get you the desired effect.
Mark
Definitely, it appears the problem lies with the dive company and you need to start instigating proceedings as soon as possible. Ideally, you should use a lawyer who is local to the location in order they are familiar with local legislations. However, you should also ensure the lawyer is far enough away from the dive company so as not to be in cahoots with them. Not so easy in a small resort.
It does sound like your independent insurance may not cover you - but I would go back and check the small print but also ask the questions again. There may be a facility for them to help put you in touch
with a local lawyer, who can fight on your behalf.
Either way, don't let it rest. Worst case scenario would be to see if you can take out a private action and maybe Ros Fernihough can help you with this.
Good luck.
CwB
It does sound like your independent insurance may not cover you - but I would go back and check the small print but also ask the questions again. There may be a facility for them to help put you in touch
with a local lawyer, who can fight on your behalf.
Either way, don't let it rest. Worst case scenario would be to see if you can take out a private action and maybe Ros Fernihough can help you with this.
Good luck.
CwB
wow that does sound horrendous. i would definitely contact ros if she cant deal with this with all her knowledge she might know someone that can help you at least point you in teh right direction
good luck and keep us informed
good luck and keep us informed
Sorry to hear about your accident.
Do you have a copy of the document you signed? Did you waiver liability by any chance? I think the text of this document will perhaps indicate how far you will get with any legal action. As previous posters have indicated, it may not be an easy process to make a claim against this Cape Verde company and I doubt it will come cheap. If you do decide to proceed with action I do hope you gain satisfaction with your claim and also recover quickly from your injuries.
The dive company did make me sign something
Do you have a copy of the document you signed? Did you waiver liability by any chance? I think the text of this document will perhaps indicate how far you will get with any legal action. As previous posters have indicated, it may not be an easy process to make a claim against this Cape Verde company and I doubt it will come cheap. If you do decide to proceed with action I do hope you gain satisfaction with your claim and also recover quickly from your injuries.
hi Kate . Im sorry to hear of your horrendous injuries . My husband and all 3 children also dive and it has most certainly given me something to think about even though like you our insurance covers them up to 30 metres . Ive witnessed how fast hubby signs those forms . I will most certainly be ringing them now to clarify where we stand in the event of this type of accident .
Im a bit confused . You mention its slow going with the dive company . Im assuming they havnt rejected your claim and its your own travel insurance that have. . was it just the usual padi forms you signed if so you will be able to find those on the padi website http://www.padi.com or the dive companies own disclaimer forms , possibly a mixture of the 2 . most dive companies also have a website where again you should be able to find details of what you have signed . what was the name of the dive company.
I would also suggest asking the same question on one of the more reputable dive forums as you may find people that have also experienced diving accidents that could help you .
lyn
Im a bit confused . You mention its slow going with the dive company . Im assuming they havnt rejected your claim and its your own travel insurance that have. . was it just the usual padi forms you signed if so you will be able to find those on the padi website http://www.padi.com or the dive companies own disclaimer forms , possibly a mixture of the 2 . most dive companies also have a website where again you should be able to find details of what you have signed . what was the name of the dive company.
I would also suggest asking the same question on one of the more reputable dive forums as you may find people that have also experienced diving accidents that could help you .
lyn
The Cape Verde Islands have been independent for about 30 years so are not under Portuguese law as such (although it may be a similar set up). This will make it that much more difficult to find qualified help.
Are you absolutely sure your insurance doesn't have Legal Assistance cover to help take action against people who injure you? Claiming for the injury/losses and claiming for legal assistance are not the same. I can imagine that if you asked for them for compensation for the injury the insurance would say no and then say nothing about the alternatives in order to save money.
Are you absolutely sure your insurance doesn't have Legal Assistance cover to help take action against people who injure you? Claiming for the injury/losses and claiming for legal assistance are not the same. I can imagine that if you asked for them for compensation for the injury the insurance would say no and then say nothing about the alternatives in order to save money.
There is a topic elsewhere on HT regarding holiday/travel insurance.
Anyone undertaking adventurous activities really should consider taking out insurance (in the UK) tailored to the activity and the inherent risks rather than the catch all policies these people sell.
The question really is what does the insurance policy actually say.
I would suggest that the accident would be covered by the dive boat operators insurance (if they have any) rather than a general policy. You do not say if the boat that hit you was owned operated by the dive company you were with.
fwh
Anyone undertaking adventurous activities really should consider taking out insurance (in the UK) tailored to the activity and the inherent risks rather than the catch all policies these people sell.
The question really is what does the insurance policy actually say.
I would suggest that the accident would be covered by the dive boat operators insurance (if they have any) rather than a general policy. You do not say if the boat that hit you was owned operated by the dive company you were with.
fwh
Can i just say thank you to all of you who have commented. Think I just feel completely out of my depth. I got travel insurance that included scuba diving to 30 m so I suppose i assumed when the accident happened and it was completely out of my control I thought the insurance would deal with it.
The dive op owned the boat, my dive went smoothly, it was above the water when the people on the boat started the engine and it swung round and caught my legs.
The dive co has Dan Insurance. My insuarance company has passed it over to Russell Jones & Walker solicitors. They comment "As your case will have to run in the Cape verde Islands, there are inherent difficulties with regard to the language barrier and the difference of their personal injury system to the English legal system."
Anyway just waiting and waiting now, what type of insurance do I need in future? A good dive insurance and a separate hol insurance?
Thanks again for all the helpful comments
The dive op owned the boat, my dive went smoothly, it was above the water when the people on the boat started the engine and it swung round and caught my legs.
The dive co has Dan Insurance. My insuarance company has passed it over to Russell Jones & Walker solicitors. They comment "As your case will have to run in the Cape verde Islands, there are inherent difficulties with regard to the language barrier and the difference of their personal injury system to the English legal system."
Anyway just waiting and waiting now, what type of insurance do I need in future? A good dive insurance and a separate hol insurance?
Thanks again for all the helpful comments
I'd say that sounds hopeful but time consuming. The fact that your insurance company have instructed solictors is what you need. I don't think you have a problem with insurance, just that you went somewhere off the beaten track which needs of specialist legal knowledge. If this had happened in the EU or USA I suspect they could get it sorted almost automatically. Your policy will show a limit of how much they will spend on legal fees for you.
As for what insurance you need in future, it's a bit complicated. If you wanted to be sure that you could get the money for extra costs without sueing the supplier you might get a Personal Accident policy. But, the wording of that may say that you can't claim if you have alternative cover that could sort the problem out - such as a Travel policy with Legal Assistance built in!
As for what insurance you need in future, it's a bit complicated. If you wanted to be sure that you could get the money for extra costs without sueing the supplier you might get a Personal Accident policy. But, the wording of that may say that you can't claim if you have alternative cover that could sort the problem out - such as a Travel policy with Legal Assistance built in!
Anyone into adventurous activities should contact the national governing body of their sport for advice.
They should be able to point you in the direction of a broker who will tailor it to your needs. They will be able to arrange your travel insurance and personal accident at the same time.
Might not be cheap but you will not have to worry if something does go wrong.
fwh
They should be able to point you in the direction of a broker who will tailor it to your needs. They will be able to arrange your travel insurance and personal accident at the same time.
Might not be cheap but you will not have to worry if something does go wrong.
fwh
Hi
re stupid propeller/dive op story
have just spoken to solicitors and Im fuming
, someone has mentioned getting in touch with Ros Fernihough.
Is there an email address for her?
I have tried this phone number that I found on the site 01922 621114 but dont know if that is correct I would like to see if she can help
Kind regards
re stupid propeller/dive op story
have just spoken to solicitors and Im fuming
, someone has mentioned getting in touch with Ros Fernihough.Is there an email address for her?
I have tried this phone number that I found on the site 01922 621114 but dont know if that is correct I would like to see if she can help
Kind regards
That is indeed the correct telephone number. Let us know what she said after you've spoken to her.
Mark
Mark
Hi Kate
I've looked but I can't see an email address for Ros.
Hope you're recovering from your accident, it sounded horrific. - and I DO think you were lucky, even if you don't particularly feel that way at the moment.
Do let us know how things go.
Polly
I've looked but I can't see an email address for Ros.
Hope you're recovering from your accident, it sounded horrific. - and I DO think you were lucky, even if you don't particularly feel that way at the moment.
Do let us know how things go.
Polly
Ros email is travel [at] edmunds-co.com
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