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Collision on the water: what to do and who pays
Short answer
After a collision on the water, help first, then record what happened and swap details. Who pays? Third-party liability for the other boat if you are at fault, hull cover for your own, whatever the fault. Here is what to do.
Many collisions between leisure boats are slow and undramatic: two yachts converging off a harbour entrance, a motorboat backing out of a crowded marina berth, a dinghy fleet crossing a fairway. The COLREGs say who should give way, but in practice both skippers often share some of the blame, because the rules also require every vessel to keep a proper lookout and to act in ample time. There are no skid marks at sea, so what you record in the first half hour carries more weight than anything said later.
Safety comes first. Check for injuries and for water coming in on either boat, and if anyone is in danger call the Coastguard on VHF channel 16; in UK waters that is HM Coastguard. Once things are stable, note the time, position, wind, sea state and visibility, photograph both boats and the scene, and exchange names, addresses, boat names, registration and insurance details. Write it all in the log. Where someone is seriously injured or a vessel badly damaged, the Marine Accident Investigation Branch (MAIB) may take an interest, so keep notes and photos safe.
Two kinds of cover come into play, and it is worth knowing which does what before you sign a policy. Third-party liability answers for damage to the other boat and injuries to people when you are legally at fault, and should also defend you against claims that are inflated or unfounded. Hull cover deals with your own boat; check in the wording whether a collision counts as an insured accident on every level of cover or only on the broader ones (with us from Basis Plus), and whether the insurer recovers its outlay from the other side. At the scene, be courteous but do not admit liability or promise payment.
Worth remembering
Other boat
third-party liability, if you are at fault
Your boat
hull cover, whatever the fault
Help, record, report: in that order, and nothing signed on the pontoon.
Questions
What owners ask us about this
Who pays for the damage to my own boat after a collision?
Your hull cover, if the policy treats collision as an insured accident; with us from Basis Plus. Where the other skipper was at fault, your insurer can then recover the money from them or their liability insurer.
Should I admit fault at the scene?
No. Be helpful and swap details, but leave liability to the insurers. A promise to pay usually binds your liability insurer only as far as you would have been liable anyway.
Do I have to report a collision to the authorities?
Call the Coastguard if anyone is hurt or a boat is in danger. Serious accidents may be investigated by the MAIB in the UK or by the local authority abroad, so keep your log entries and photos.
Related
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