Have a look here for the specialist insurance.

http://www.dive-security.com/BSAC/bsac-index.html

fwh

Your case is most unfortunate.

I am a diver and I have my own personal dive insurance through DAN. Reputable dive schools insist on it rather than just travel insurance which almost nearly always has fine print that will not cover you in the event you really need it. Cape Verde is relatively new to the diving world and as such not alot is known about the reputations of the dive schools.

From what I have read, it would be a clear case of negligence by the boat crew. The question is: is the boat crew employed by the dive school..in which case I would say any claim you make should be nailed on. If not, as many dive schools employ local boat crews, your claim may be a little more difficult to get judgement against. The dive school would say it was not their negligence and you should claim against the boat crew..and the boat crew would then either not be insured or mention such things as "was there a SMB deployed to aid visibility in the water" etc.

There was a successful private prosecution late last year/early this year where a North East diving company was successfully sued after one of their dive boats ran over a divers leg and amputated it. Details of that case can be found in diving publications "Sport Diver" and "Diver".

Good luck with your claim and I hope you make a speedy recovery.

The solicitors sent letter on thursday i quote

"Unfortunately, the Insurers have rejected your claim un der the DAN Europe Policy on the grounds that there is no coverage under the policy in respect of accidents involving watercraft. In light of this, I would advise that on the Inter Partner Assistance's interpretation of the policy wording , it will not be possible to make a claim against DAN Europe in respect of your accident."

"At the time of writing, I have yet to receive a response to the letter of claim which i sent separately to the proprietor of the Manta Dive Center on 4th April and I confirm I sent a letter chasing him today"
We are forced to inform you that we cannot proceed to settle any indemnity or reimbursement in your client'

\inter Partner Assistance wrote

"Dear Sirs

We are acting on behalf of DAN Europe and its member Manta Diving Center as civil Liability insurer with regard to the accident that happened in Cape Verde on 16/03/2008 Involving Miss *** **********.
According to the policy terms we are forced to inform you that we cannot proceed to settle any indemnity or reimbursement in your client's favour.
The policy does not cover owner liability or liability arising from the use of any motor vehicle, attached trailers, unattached trailers or towed vehicles, owner liability or liability arising from the use of any watercratft (rowing boats, sailing boats and motor boats)

You may verify the policy terms by consulting the DAN website:

I would then try to sue the boat crew for negligence...

Hi I dont know if this will be of any help but under English law the employers of the boat crew would be vicariously liable for their employees unless they were on a frolic of their own. If they are self employed you would have to ascertain if they were in partnership etc.

Hope you are feeling a bit better and that you get things sorted.

Redcrop x

Easier said than done, Cape Verde law applies and it's a long way to go!

reading the last post from the Kate's insurance supplied solicitors, it sounds like they are still pressing the case but how far they can take it is questionable, presumably the policy puts a cap on spending so it might cost too much to go to court.

Hi Everyone

Still no news re boat/propeller/dive center

Can't get hold of Ros can anyone help? I emailed but haven't received a reply tried phoning but no answer wondering whether I may have the wrong info.

Nearly ready to give up on it all, but not just yet!

Kind regards

The direct number to Ros's PA Pam is 01922 705134

If this line is busy switchboard number 01922 633214

Thanks everyone
will get on it tomorrow

xx