ylop
Well-Known Member
Are you driving the tractor?I'm just awaiting a quote from Visicover.
I notice in their policy booklet under 3rd Party liability they state...
5.a.1) What is covered:
Cover is provided for:
1. Sums which any Permitted User is legally liable to pay arising out of their interest in or use of
the Vessel, Trailer or Trolley resulting in:
a. death or bodily injury to any person; or...
5.a.2) What is not covered:...
4. Liability arising whilst the Vessel or Trailer is being towed by or is attached to a motor vehicle
or has broken away from or become accidentally detached from a motor vehicle."...
My vessel is laid up every year on a yard trailer that is towed up/down the slipway by the club tractor. If, for example, the boat were to fall off the trailer and kill/maim a member of the club who was not participating in the movement would I likely be deemed liable and would I be or not be covered?
I'll probably check with Visicover but any opinions?
- if so you should probably be confirming its insurance position, as it’s probably more likely that your driving causes harm than the boat spontaneously falling off the trailer.
- if not then I’d want to know if the driver/club were insured in case they were negligent and harmed my boat (eg, by reversing into it)
It’s difficult to see how you as owner of the vessel would be deemed liable for harm caused by the boat falling off a trailer which you were not in control of at the time. Perhaps if you declared it safe to move and there was a defect.
If there are other members of the club not involved in the launch, wandering round in locations where a trailer/boat being moved could topple over on them then the club committee might want to be questioning if it has sufficient controls in place!
It’s never possible to insure against every nuance, but for YOU to be liable YOU have to have both owed someone a duty of care, and been negligent. Anyone pursuing a claim may have multiple people to pursue - they are likely to decide who to target based on likelihood of success and ability to pay.