What to do regarding liability for a guest on a boat?
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What to do regarding liability for a guest on a boat?
I was out with a friend last weekend on his 40 foot yacht fishing the local islands. There were 4 of us total. Long story short, on the way back in my friend fell asleep upstairs at the helm and we ran up on the rocks on the backside of Catalina. No one was badly hurt, however, when the coast guard came to help us they wouldn’t let us take any of our gear with us. I had over $3,000 in fishing poles and tackle. In any event, the coast guard told us that we could pick up our gear wherever they tow the boat to. So we all took off with them. Well no one ever came back to tow the boat and the vessel broke up on the rocks throughout the night and there is now nothing left. The problem is that my friend has no coverage for the fishing gear and personal items. He does have liability insurance for $300,000.00 and collision. Does the coverage he has for no gear mean his gear or does that mean everyone on the boats gear? I think his liability coverage should cover my gear and I was thinking about calling up his insurance and making a claim for my lost fishing gear. Do I have a chance?
Asked on June 19, 2019 under Insurance Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you do have a a chance. The "no gear" coverage is for his gear: it's like collision coverage on a car, which protects the insured's own car. Liability insurance covers damage to other people's property or items (or personal injury to other people) and so should cover his guest's gear.
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