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Who has to prove what in a claim?
Short answer
The split is simpler than people think: you show the loss, the insurer shows the exclusion.
In a dispute about a loss, what often decides it is not what happened but who cannot prove it. The basic split is simpler than many assume. You have to show that an insured event occurred and how large the loss is. The insurer has to show that an exclusion applies or that you breached a duty.
Under all-risks cover, where everything not excluded is insured, it is enough to show the boat was damaged. Under named-perils cover, which is how our hull cover works, you show which of the listed perils caused it. For a boat that took on water overnight in the marina that can be hard. That is why photographs, a log and maintenance records matter so much.
What helps in everyday life is mundane and effective. Photograph your boat completely once a year, inside and out, with the date. Keep invoices for servicing, refits and equipment. And document immediately after an event, before anything is tidied up. Not because anyone suspects you, but because six months later nobody remembers what it looked like before.
Worth remembering
You show
the loss
The insurer shows
the exclusion
Which is why photographs, a log and documented maintenance are worth more than any additional clause.
Questions
What owners ask us about this
Must I prove I was not at fault?
No. Intent and gross negligence have to be proved by the insurer, not their absence by you.
What if I do not know the cause?
Under all-risks cover that is usually harmless, because you do not have to name the cause. Under named perils it becomes a problem.
Related
Not sure whether you qualify?
Whether it is “Who has to prove what in a claim?” or another question: send us your residence and the flag your boat flies. You will get a straight answer in one email; including a no, if that is the answer.
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