Doug- It must have been some time since you were a Course Director- I think you knew how this works.....
I was just curious if it is that easy to ascertain someone's certifications. My last instructor certification was over 10 years ago, and I rarely teach because of similar liability concerns (I have another job which provides my income). If someone has a "bad day" on a liveaboard, do they automaticaly do an in-depth check of all passengers cert. levels?
If (when) a tort liability lawyer gets involved, likely anyone aboard will be deposed and queried in regards to a list of things, including their certification level. Ill advised to lie. Do check with your own counsel in regards to factual relevance and other issues.
It is no big deal nor unusual for a certifying agency to be subpoenaed with one, or a list of names and asked to ascertain each individual's history with that association.
In that a subpoena to an Agency for all persons aboard would cost the same versus one for a select handful of those (so far) known to be intimately involved, likely the list would be inclusive.
If it gets as far as you being dragged into it, your attorney would present
the best defense of your
not being involved
in any way in the incident.
The insurance one purchases for pro level certs is used to cover
your defense in court, and also that of the Agency that you represent. If you have no such insurance, that leaves you in a very difficult position if you need to present yourself.
You might still be utilized as a witness, one of high value due to your experience level.
If you were shown to have caused a perception of, or to have acted in a SCUBA Professional capacity in the time leading up to this event, arguing alternatively that you haven't pursued employment as an instructor in the last X years would be irrelevant, leaving you open to potential tort liability.
At a dive op, act dumb, don't say much. If the operators know you, remind them that you are "Joe Diver" and nothing more. If they don't know you, a simple EAN Cert Card is a good thing~ as you already mentioned.