PLTS DEVIATE FOR WX. UNABLE TO CONTACT ATC FOR CLRNC TO DEVIATE.

Narrative

WE WERE OPERATING FROM IAD TO CVG. WE DEPARTED IAD AT XA02 ON MAR/FRI/02. WE WERE REROUTED DUE TO WX OVER HNN INSTEAD OF HVQ AND THEN THE SWEED ARR INTO CVG. ABOUT THE TIME WE REACHED ELKINS (EKN) WE WERE XFERRED TO ZID BY ZDC. AT THAT TIME A BOLT OF LIGHTNING FLASHED IMMEDIATELY IN FRONT OF US REVEALING A VERY LARGE WELL-DEVELOPED TSTM CELL THAT WAS NOT SHOWING ON OUR WX RADAR. I IMMEDIATELY TURNED R TO AVOID THE STORM AND TOLD THE OTHER PLT TO ADVISE ATC OF OUR R DEV FOR WX. UNFORTUNATELY; AT THAT TIME; THE OTHER PLT WAS HAVING DIFFICULTY GETTING ZID SO HE SWITCHED BACK TO ZDC. ZDC ADVISED US TO MAKE AN IMMEDIATE L TURN TO AN ASSIGNED HDG. WE IMMEDIATELY COMPLIED; EVEN THOUGH IT STILL PUT US IN CLOSE PROX WITH THE CELL; AND THEN HE ASKED US IF WE WANTED TO DECLARE AN EMER. WE DECLINED SINCE THE SIT WAS NO LONGER AN EMER TO US. WE WERE ADVISED THAT WE DEVIATED FROM OUR ASSIGNED FLT PLAN AND HE AGAIN ASKED IF WE WANTED TO DECLARE AN EMER. WE DID NOT RESPOND. WE WERE THEN PASSED TO ANOTHER CTLR. IF PLTS HAVE TO DECLARE EMERS IN ORDER TO TURN TO AVOID SEVERE WX THE ATC SYS IS GOING TO BE ENCUMBERED WITH MOUNTAINS OF PAPERWORK AND LOSS OF CTL OF THE AIRSPACE. I AM CONCERNED THAT PLTS WILL BECOME PROACTIVE ABOUT LEGALLY PROTECTING THEMSELVES BY OVERUSING THEIR EMER AUTH AND THE BURDEN OF PROOF WILL REST WITH ATC.