examples of potential insurance claims against photographers

How business insurance can protect Photographers against claims

Posted on 4th April 2022 by

No matter how photographic professionals make their living, they all need to be fully aware of the potential consequences that a claim against them could have and protect their businesses accordingly with Photographers Insurance.

Public Liability insurance and Professional Indemnity insurance offer comprehensive protection against the cost of defending allegations of professional negligence (such as failing to provide an acceptable level of photography to a client) and if unsuccessful, the cost of damages awarded against you.

In addition, these policies will cover the costs of defending your business (including damages awarded against you if unsuccessful) if someone is injured, or their property damaged, which arises from you going about your business.

There are also other important covers such as cyber insurance and portable equipment insurance that every photographer should consider to ensure they’re protected against the unexpected.

Here are some examples of potential claims that photographers could face.

examples of potential insurance claims against photographers

Technology lets you down

You take the photos for a wedding. The weather is perfect, the couple and guests are happy and smiling, the photos you take look great through your lens. Things couldn’t be better.

You return to your studio the next day to download the files for retouching and realise the SD card has corrupted. You’ve lost all of those fantastic ‘one moment in time’ photos.

The client makes a negligence claim against you for the cost of a reshoot, your Professional Indemnity insurance will pay your legal costs and certain compensation payments that might be due.  (1).

 

You miss an appointment due to poor preparation

You are booked for a wedding shoot, but rely too heavily on your SatNav to get you to the church ceremony on time. After driving through heavy traffic, you arrive at the wrong destination and miss the church ceremony as a result. Your client makes a negligence claim against you for the cost of the photoshoot. You claim on your Professional Indemnity policy to cover the costs incurred by the claim (1).

 

You misinterpret a client brief and miss key requirements

1) A client engages your services to photograph key elements of their business for their new brochure and website. You miss key elements the client requested resulting in the client making a claim against you for the cost of a replacement photographer and a reshoot of the photos.

2) You are tasked with taking photos by an insurance company for a compensation claim. You miss taking photos that are key to the claim, resulting in the company needing to book a reshoot. They issue you with an invoice for the cost of the original photoshoot.

Professional Indemnity insurance would cover you for the costs of defending a negligence claim in these instances (1).

 

You fall victim to a cyber-attack

You are the photographer for a popular magazine. One day your laptop is hacked and your client photos are stolen along with the clients’ sensitive data (some of which includes their payment details). Your clients have given exclusive rights to the photos you took to the magazine, but some of the stolen photos are released online on a competitor’s website. The magazine who commissioned your services issues a claim against you, as do the clients whose photographs and data have been compromised, resulting in multiple compensation claims.

Cyber insurance will respond to pay your legal liability for damages and costs awarded against you from a claim made against you and reported to us during the period of insurance shown in the policy schedule which arises from a cyber-attack (1).

 

Accidents happen for which you are blamed

1) A wedding guest trips over your equipment bag and ruins their expensive dress. They make a claim against you seeking compensation and send you an invoice for the cost of replacing the dress.

2) You are commissioned to take photos for a business client. A member of staff trips over a cable running from your laptop (which wasn’t taped down properly) and injures their wrist breaking their fall. They issue a personal injury claim against you seeking compensation.

In these instances, Public Liability insurance would respond to cover the legal fees and potential compensation awards (2).

 

You accidentally damage client property

1) A venue alleges that your tripod has scratched an expensive floor and sends you an invoice for the costs to repair and repolish it.

2) You are commissioned to take photos for a property company. Whilst on site you knock a painting off a wall resulting in it tearing. The company sends you an invoice for the replacement/repair costs.

Public Liability insurance would respond to cover the legal costs of defending the claim and the damages awarded to the client (2).

 

You miss an assignment due to poor admin

As a freelance photographer you feel you need to accept any work that is offered. As a result you lose sight of your admin and double book clients, resulting in you missing an assignment that you had committed to. The client, whose assignment you missed, makes a claim against you for negligence and any costs they incurred preparing for their photoshoot.

Your Professional Indemnity insurance responds to cover you for the costs of defending the claim (1).

 

Round-up

Your diligence and duty of care is key to ensuring you and your clients are protected. It is clear that you can be on the receiving end of an insurance claim for events that are out of your control or for simple misinterpretation and potentially unclear communication.

Business insurance can help to protect your finances and your reputation.

 

Click here to start your online Photographer’s Insurance quote

 


Sources:

  1. https://www.caunceohara.co.uk/products/professional-indemnity-insurance/
  2. https://www.caunceohara.co.uk/public-liability-insurance/
  3. Freelance Insure. Cyber Crime Insurance Policy Document (Cyber and data risks, Cyber liability, Page 2).

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