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"Calif Bill" wrote in message ink.net...
"Curtis CCR" wrote in message om... "Calif Bill" wrote in message link.net... Then your liability insurance kicks in. If someone other than the insured is injured on your boat, it is your liability that works. If you are injured by an uninsured boater / motorist then the uninsured motorist part will pay the deductibles, etc from your health policies. And boat / car damages upto the limits. Not neccesarily. Liability coverage only covers you if you are found negligent. If the accident was someone elses fault, your liability coverage may not kick in at all. So the amount of "unisured boater" coverage is something to consider. And "unisured boater" coverage does not cover damage to your boat. Your "boating and boating equipment" coverage would handle that. If the other person causes the accident and is uninsured, then is very likely that your liability coverage is going to kick in, if anybody besides you on your boat was injured. Only if those people on your boat make a claim that you are legally liable. Generally that would mean they have to claim that you were negligent in some way. If that happens, it may have to go to court before your insurer pays. But this may be where I have something wrong. I am not sure if uninsured boater coverage pays you and anyone on your boat, or just you. The meat of description of the uninsured boater coverage on my policy is (caps are my emphasis): "...we will pay for the damages which, because of bodily injury recevied aboard the insured boat, YOU ARE LEGALLY ENTITLED TO RECOVER from the uninsured owner or operator of another boat that collides with the insured boat. "'Ininsured boater' and 'uninsured owner or operator' mean an owner or operator of a boat other than the [insured boat] who is leaglly responsible for the collision, and: "A. to whom no liability policy applies; or B. who cannot be identified (such as a hit-and-run operator)." Liability coverage mainly says: "...we will pay damages and any costs ASSESSED AGAINST YOU... for any claim for suit covered under this policy for bodily injury or property damage for which any INSURED BECOMES LEGALLY LIABLE though ownership, maintenance or use of the insured boat. We will settle and defend as we consider appropriate any claim or suit covered under this policy which asks for these damages..." As I said, your guests would have to make the claims, and possibly sue you. the insurer could defend against the suit. Could make friendship with your guests dicey - ya think? You can't make a liability claim against yourself. If another boater was at fault, the insurance company would have a case NOT to pay through your liability. And by the way - you can't simply accept liability in advance and expect the company to pay. There are usually exclusions, like mine, that say something like, "We will not provide liability coverage for... liability which has been assumed by the insured under a contract or agreement..." (Though they usually will cover liability under storage and slip rental contracts.) "Medical Payments" coverage is more likely what would kick in if you have it. It would probably kick in first as there is no assumption of fault associated with it. I used to think the same way you do about my auto insurance. But if your liability coverage is going to kick in when uninsured boater or medical payments runs out, why have the latter coverages all? My agent straightened me out on that when I asked. Your liability coverage only covers you when you are at fault. Uninsured boater/motorist provides coverage when someone else is at fault and doesn't have insurance or otherwise can't pay. Medical payements coverage provides coverage without assigning negligence to anyone. |
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