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The Private, Exclusive Guide for Serious Divers Since 1975
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July 2023    Download the Entire Issue (PDF) Vol. 49, No. 7   RSS Feed for Undercurrent Issues
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Legal Remedies for Overseas Injuries Unlikely

from the July, 2023 issue of Undercurrent   Subscribe Now

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An injured diver who seeks compensation from a dive operator in a foreign country faces a difficult, if not impossible, task. While there's virtually no chance to recover from an uninsured operator, suing an operator with insurance is a difficult task, as we saw in the case we reported on last month, where attorney Michele Bass sued Ramon's in Belize for her client's serious injuries caused by shattered glass from a boat windshield.

Unlike settling a car accident in your hometown, where your insurance company hammers it out with the other driver's insurance company, you'll need representation - most likely an American lawyer - to deal with a foreign insurance company. You may need to hire a second attorney in the country you're dealing with. Since any insurance company wants to settle for the lowest amount possible, if at all, you may have to threaten and even pursue litigation to get a settlement. If you go to court, good luck. The cost of your American lawyer, foreign lawyers, trial preparation, and the trial itself may be prohibitive. Even if, at great expense, you succeed, you may have difficulty collecting....

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