Insurance advice - damage from neighbouring boat in port

[Ric]

My boat suffered some cosmetic damageto the starboard side while in its (Mediterranean stern-to) berth during a recent storm in south of France. I am interested to hear any opinions on whether I can claim against my neighbours insurance?

His boat arrived after I had left my boat for the winter, so I did not see it arrive. My boat had its winter moorings in place, and its winter fenders that have protected it in the berth for 19 years without incident. When he arrived, it seems he had put in place only two very small fenders on either side of his 10m mobo, which has straight flanks with a prominent stainless steel "rubbing strip". He put down no cross mooring lines to prevent the boat moving sideways on its mooring.

The boat on his other side was also damaged, worse than mine. Neither mine, nor the other damaged boat, have any damage on their sides away from the offending boat.

Are our two damaged boats likely to have any claim against the boat in the middle? Or are these sort of incidents always judged to be equal blame?

 

[Norman_E]

No idea about the insurance aspect, but the obvious question is how did the damage happen? If it was because the boat rammed yours as it came in then you may have a claim, but if it was just because swell and wind caused the boats to roll against each other it seems more doubtful? The other boat may be inadequately fendered but your fenders should have protected your boat unless the other boat forced them out of the way.

As an aside where my boat is moored in Turkey I have boats fairly tight each side, which actually seems safer that having wide gaps that allow the boats too much sideways movement.

 

[Graham376]

I've been hit twice on mooring, once in Conwy by a boat not moored properly, his insurance paid out without problem. Other time I got hit by an uninsured ferry, my insurance paid. A friend was hit by a boat whose mooring dragged and despite taking it to a tribunal (Portugal) it was put down to Act of God/unforseen weather conditions so had to claim on his own insurance.

In your case with two boats damaged, I think it would be worth trying a claim against the offender but suggest you first obtain opinion from your insurers.

 

[Refueler]

Talk to your Broker and explain all ....

The only people who can answer your question are your Broker and other boats insurance underwriter.

 

[RupertW]

Talk to your Broker and explain all ....

The only people who can answer your question are your Broker and other boats insurance underwriter.

Blimey - who has a broker in the last 30 years except super yachts ?

 

[Refueler]

Blimey - who has a broker in the last 30 years except super yachts ?

?? You do know how Insurance works ? Majority of Underwriters who provide the actual financial cover do NOT talk to us ... unless the intermediate Broker / Insurance Agent backs off as I had with my Snap 23 years ago.

Your Insurance is via a Broker or in todays parly - Insurance Agent. That 'Agent' places the 'risk' with an underwriter or a series of underwriters depending on the total value of item.

So to 'word it' for you :

Speak to the issuing Insurance Agent who will then liaise with other partys and Underwriters to settle.

 

[macd]

Blimey - who has a broker in the last 30 years except super yachts ?

Quite a few of us, I suspect.
For example: "Bishop Skinner Marine is a trading name of Jelf Insurance Brokers Ltd."

 

[Skylark]

I believe that quite a few policies will pay for damage by others boats while berthed without impacting premium or NCB. Speaking to your broker/agent seems good advice. Best of luck, hope you get it sorted.

 

[Graham376]

I believe that quite a few policies will pay for damage by others boats while berthed without impacting premium or NCB. Speaking to your broker/agent seems good advice. Best of luck, hope you get it sorted.

Yes, that's what happened with us. Because we were on "home" mooring, no loss of ncb.

 

[RichardS]

Quite a few of us, I suspect.
For example: "Bishop Skinner Marine is a trading name of Jelf Insurance Brokers Ltd."

My marine insurance company, GJW, are also broking out their policies to an insurance company which I've never heard of.

Richard

 

[Refueler]

Just to clear this ...

When you approach an agent for insurance - they usually have commission based alliance with an Underwriter syndicate, that then places risk on the market.
Very few Insurance Offices / agents actually cover the risk themselves.

 

[sparkie]

My boat and trailer were blown across a car park in a gale some years ago, struck a caravan opposite and caused significant damage. Because I could show that I had taken "reasonable" precautions (chocked wheels etc), my insurance wouldn't pay out. Act of God.

Each claimed on their own policy.

A few years previous a moored boat in the harbour broke its chain in a gale and damaged the one adjacent. The owner was held liable as the chain was badly worn, so his insurance paid out.

Moral is, talk to your insurance co asap and they will sort it all out for you.

 

[ashtead]

As others have said your broker will advise initially but this turns on value of claim ( is it worth cost of showing negligence by the owner of the vessel involved. I suspect based of what is said chances of recovery are slim however if your insures are not prepared to cover then seek local advice. French courts views might not accord with approach adopted in uk. Have you raised issue with marina as they might have local view.

 

[[176172]]

I believe that quite a few policies will pay for damage by others boats while berthed without impacting premium or NCB. Speaking to your broker/agent seems good advice. Best of luck, hope you get it sorted.

I would, from your evidence alone, say you have grounds for a claim against what you described as a negligent neighbour.
Before I leave a boat moored I would recommend taking photographs of the moorings and protective fenders in place.
This may appear to be in hindsight in this case, but well worth considering for the future.
To pursue your claim you should immediately inform your company with the full details of the damage inflicted, dates, times and names of the other owner if possible. Details should include your exact preparations to ensure your boat could not be a contributory factor in the event of a counterclaim, here photographs would be prime evidence i support. A statement from the other victim of your neighbour would also be very useful.

 

[ashtead]

All good comments from Freedom 35 but clearly this turns on more detailed evidence which your insurers will access. On basis they will cover damage subject to any deductible aka excess then they will access prospects of recovery from the third party. If your claim is 10k say recovery investigations merit time and expense but if values are low any expense soon outweigh loss particularly where prospects of success are less than say60%. If the OP is unhappy with his insurers views don't forget the ombudsman service is free and is a pan European concept .

 

[Refueler]

So far no-one has actually said - Talk to the Offending party.

 

[[176172]]

All good comments from Freedom 35 but clearly this turns on more detailed evidence which your insurers will access. On basis they will cover damage subject to any deductible aka excess then they will access prospects of recovery from the third party. If your claim is 10k say recovery investigations merit time and expense but if values are low any expense soon outweigh loss particularly where prospects of success are less than say60%. If the OP is unhappy with his insurers views don't forget the ombudsman service is free and is a pan European concept .

Your quite correct of course.
My objective was to hearten the OP in his seemingly discouraged state, that a claim for damages inflicted so carelessly on both him and his neighbour but one, in the manner he described, should be pursued in writing to his insurers/agent.