Valerie Elliott, Consumer Editor
We've made some changes
to The Sunday Times
Skiers who are injured after straying off-piste may now face bills running into thousands of pounds as insurance companies get tough on compensation payouts.
The warning comes as many Britons are enjoying winter sports in Europe and North America and thousands of families are booked for holidays during next month’s school half-term and Easter.
About 1.2 million people a year from Britain head for the ski slopes but they are now being advised to check the small print of their insurance cover before venturing outside the marker posts.
A rise in the number of skiing and snowboarding accidents has prompted companies to review their policies and many are now refusing payouts and looking for any reason to show that skiers have invalidated the terms of their cover. In some cases, while medical bills may be covered, there will be no money to compensate for time lost off work.
The risks are being raised by travel law experts Stephen Mason and David Grant, of Northumbria University, and the most contentious claims will be for accidents off-piste.
Their concerns are also recognised by the Ski Club of Great Britain, which has also updated insurance advice for its 32,000 members.
The hard line taken by the insurance industry comes after 2006 proved the worst year on record for accidents in the French Alps with 57 deaths, double the average, on the slopes and a record number of avalanches.
Across the Alps there were 102 fatal avalanches in last year’s ski season compared with 62 during the 2004-05 winter season.
The rise is being blamed by some on unstable conditions caused by climate change and a trend among some skiers to test their skills off-piste in areas prone to avalanches or other hazards.
Even skiers who have paid for specific off-piste cover may be shocked to learn after an accident that although their medical expenses are covered there may be no compensation for injuries and lost time off work.
The pitfalls of insurance cover are highlighted in a new book Holiday Law, from legal publishers Sweet & Maxwell. Skiers are given a blunt message: check the small print.
Mr Mason said: “Holiday-makers shouldn’t assume their insurance company will pick up the pieces — you need to take the time to check the wording.”
Mr Mason highlighted the case of two British snowboard-ers killed off-piste (see below) who believed they were fully covered in such areas.
He said: “The claim was not covered, because although the policy covered off-piste activity, a clause said that policy-holders should not expose themselves to ‘danger which is reasonably foreseeable’. With more skiers on the slopes the grey areas in insurance policies will inevitably give rise to far more disputed claims.”
Some insurers, for example, offer off-piste cover if a skier is accompanied by a qualified mountain guide or instructor. But sometimes people unwittingly venture off-piste or can fall off a T-bar lift on the wrong side of the piste.
Companies must be asked for a full definition of off-piste and the circumstances when they will pay out or refuse a claim. Accidents involving skiers who are drunk, tipsy or under the influence of drugs are increasingly common. Yet skiers are reminded that accidents in such circumstances are nearly always excluded from insurance cover.
Companies will ensure that skiers were following the skiing code in the same way as motor-ists must obey the Highway Code. Anyone suffering injuries as a result of skiing recklessly may not be covered and may even find themselves being sued by others injured by them or facing criminal prosecution.
Insurers will also check the weather conditions and local area warnings on the day of an accident. Anyone skiing in severe weather with a heightened risk of avalanches may not be covered and if skiers take excessive risk they may invalidate their policies.
The costs
Some recent insurance claims have amounted to:
£18,000 an injured knee after a skiing accident in France
£24,000 a fractured tibia (below the knee) in the US
£46,000 a broken pelvis, fractured vertebrae and head injury in the US.
£20,000 a fractured tibia and fibula (below knee) in Canada
£10,000 Helicopter rescue costs
£1,200 Charge for dog handlers and searchers
Source: Fortis Insurance Ltd; www.pistehors.com
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