When an aircraft is involved in an incident that causes injury to others or property damage, the financial consequences can be catastrophic. That’s why aviation liability insurance exists—to protect aircraft owners, operators, and businesses from the high costs associated with third-party damages. However, filing and securing a fair aviation liability claim can be far more complex than it seems.
At Elevate Legal Services, PLLC, we are a Boca Raton-based law firm dedicated to protecting the rights of aviation professionals and businesses across Florida. We have extensive experience representing clients in complex aviation and aircraft liability insurance claims. From denied payouts to bad faith practices, our attorneys know how to fight insurance companies.
Contact Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] for a confidential consultation. Don’t let a liability dispute ground your rights.
What Is Aviation Liability Insurance?
Aviation liability insurance covers the legal responsibility for injury or damage caused by aircraft operations. While aircraft hull insurance protects the aircraft itself, liability insurance covers:
- Bodily injury to passengers or third parties
- Property damage to other aircraft, airport infrastructure, or vehicles
- Legal defense costs in case of litigation
- Medical expenses for injured parties
- Settlements or court-ordered damages
This type of insurance is crucial for both private and commercial aircraft operators, charter companies, corporate flight departments, flight schools, and aviation maintenance providers.
Common Liability Claim Scenarios in Aviation
- Passenger Injury: A passenger is hurt while boarding, in-flight, or during landing due to turbulence or improper procedures.
- Airport Property Damage: An aircraft accidentally strikes a hangar, fuel truck, lighting system, or other airport facilities.
- Mid-Air Collision: Two aircraft collide due to communication or pilot error, causing property loss and injuries.
- Runway Incursion: An aircraft veers off course during takeoff or landing, damaging airport infrastructure or other aircraft.
- Third-Party Ground Injury: A bystander or airport worker is injured by a moving propeller, falling debris, or other aircraft operations.
- Baggage or Cargo Damage: Mishandling or accidents during loading/unloading cause financial loss.
Understanding Your Policy: Key Elements of Aviation Liability Coverage
Before a claim can be filed, you must know what your policy covers. Aviation liability insurance policies typically include:
- Bodily Injury Liability: Covers injury or death of passengers and non-passengers.
- Property Damage Liability: Covers damage to third-party property.
- Passenger Liability: Often sub-limited and must be reviewed carefully.
- Medical Payments: Provides limited medical costs regardless of fault.
- Legal Defense Costs: Covers attorney fees, expert witnesses, and court costs.
Some policies include endorsements for:
- Hangar Keeper’s Liability
- Products or Completed Operations Liability
- Ground Risk Coverage
Why Liability Claims Get Denied or Undervalued
Despite having valid insurance, claimants often face resistance from insurance companies. Common reasons for denial or delay include:
1. Pilot Not Authorized
The pilot operating the aircraft was not listed on the policy or failed to meet the required flight hours, type ratings, or certifications.
2. Excluded Use
The aircraft was being used for an unapproved purpose, such as commercial flights under a private-use policy.
3. Violation of FAA Regulations
Non-compliance with Federal Aviation Regulations (FARs) may be used to deny claims.
4. Late Notification
Failure to notify the insurer within a specified period can void coverage.
5. Insufficient Documentation
Lack of evidence, such as maintenance records or passenger reports, can lead to denials or reduced payouts.
6. Disputed Liability
Insurers may argue that the insured was not at fault or that third parties shared or caused the damage.
Step-by-Step Guide to Filing an Aviation Liability Claim
Step 1: Notify Your Insurer Immediately
Most policies require immediate written notice of any incident. Include time, date, location, aircraft details, and brief incident summary.
Step 2: Secure the Scene and Evidence
Preserve all physical evidence. Document damage, injuries, and witness statements. Take photographs and obtain copies of any reports from airport authorities or law enforcement.
Step 3: Cooperate with the Investigation
The insurer will conduct its investigation. Provide requested documentation, but do not admit fault until you speak with legal counsel.
Step 4: Engage an Aviation Attorney
Working with a law firm experienced in aviation insurance claims is critical to protect your rights and avoid being misled during the process.
Step 5: Submit Formal Documentation
Prepare your liability claim with supporting documents:
- Flight logs
- Maintenance and service records
- Pilot logs and certifications
- Passenger manifests
- Repair estimates or medical bills
Step 6: Negotiate the Claim
Disputes often arise over faults or damages. Your attorney can negotiate on your behalf or pursue formal dispute resolution.
How Elevate Legal Services, PLLC Can Help
At Elevate Legal Services, PLLC, our aviation attorneys have a deep understanding of:
- FAA regulations
- Aviation insurance policy language
- Federal and state laws
Whether you’re a private pilot, charter operator, or airport service provider, we:
Challenge claim denials and underpayments
Negotiate settlements with insurance adjusters
File bad faith claims when insurers fail to act fairly
Represent you in litigation if necessary
We serve clients throughout Florida, providing aggressive legal representation with the attention to detail that aviation cases demand.
Why Choose Elevate Legal Services, PLLC?
When your aviation liability claim is on the line, Elevate Legal Services, PLLC delivers:
- Years of experience in aviation and insurance law
- A results-driven, client-focused approach
- Direct attorney access and personalized case strategy
- Successful outcomes for aircraft owners, operators, and aviation businesses
We are committed to protecting your legal rights and restoring your operational capacity.
Final Thoughts
Aviation liability claims are never simple, especially when third-party injuries or property damages are involved. The financial stakes are high, and insurers are trained to minimize payouts. Whether you’re facing a denied claim, an undervalued settlement, or the threat of litigation, you need a legal team that knows aviation inside and out.
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to speak with an experienced aviation attorney. Protect your aircraft, your business, and your peace of mind.
