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Sea trial on a used boat: who is liable if something goes wrong?
Short answer
On a sea trial the boat still belongs to the seller,
so it is the seller's insurance that is in force.
Who answers for damage depends on who is at the helm,
whether they hold the qualification the boat and the waters require,
and what was agreed in writing before casting off.
The sea trial is the hour in which a listing becomes a boat: how the engine pulls under load, how she sits in a chop, how she handles coming alongside. Whether it happens on the Hamble, on the IJsselmeer or in a marina on the Costa Blanca, legally the boat is not yours yet. Ownership and risk usually pass on completion, when the money has gone across and the bill of sale is signed. Until then the seller's policy is the one that will be asked first if something is damaged, and your own cover for the new boat will normally only start on the date you agreed, typically completion or handover.
Who is liable turns mainly on who is driving. If the seller or the broker keeps the helm and the buyer watches, it is an ordinary outing by the owner. If the buyer takes the wheel, three questions matter: has the owner allowed it, does the buyer hold the qualification that the boat and the waters require, such as an ICC where a foreign authority asks for one, and has anything been written down. Many hull and liability wordings expect the person in charge to be authorised by the owner and suitably qualified, and a breach can leave both buyer and owner without cover. Damage to third parties, another yacht or the pontoon, is a liability matter. Damage to the boat itself is a hull claim, with an excess and often a loss of no claims bonus.
So treat the sea trial as a small contract. Ask the seller which insurance is in force and whether the wording says anything about who may helm. Show your certificate of competence before you take the wheel. Agree in two or three lines who pays the excess and any lost bonus if you cause damage, and stay inside the cruising area named in the seller's policy. If a surveyor is coming anyway, run the trial on the same day, so engine readings and any damage are recorded by someone independent. None of this replaces a proper survey, but it settles the one question nobody wants to argue about on the dock.
Worth remembering
Before completion
the seller's policy is the one in force
At the helm
it matters who drives and what certificate they hold
Certificate first, two lines on paper second, then cast off.
Questions
What owners ask us about this
Does my own insurance cover me on the sea trial?
Usually not. Cover for the boat you are buying normally starts on the agreed date, often completion or handover. During the trial the seller's policy is the relevant one, so it is worth asking which policy that is before you go out.
Who pays the excess if I damage the boat during a sea trial?
That is best settled in writing before casting off. A common arrangement is that the buyer reimburses the owner's excess and any lost no claims bonus. Without an agreement it easily turns into a dispute between strangers.
Can I helm on a sea trial without a certificate?
Only where the boat and the waters require none. Where a licence or an ICC is required, helming without it breaks the rules, and many wordings then reduce or refuse a claim.
Related
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Whether it is “Sea trial on a used boat: who is liable if something goes wrong?” 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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