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Old    Dan (tinytim)      Join Date: Jan 2010       02-24-2010, 1:30 PM Reply   
I'm curious about how some of you are insuring your boats. Specifically on how to protect from a law suit if someone breaks a leg while wakeboarding. 1 example is that my uncle & his son were pulling his sons friend & he busted his leg trying a back flip. Now that friends parents may want to sue. I just purchased a boat so I can get my family on the water to enjoy this sport, but do not want to end up in the same situation. Any thoughts?
Old    Paul (psudy)      Join Date: Dec 2003       02-24-2010, 1:39 PM Reply   
Don't get friends like your uncle.
Old    Paul (psudy)      Join Date: Dec 2003       02-24-2010, 1:41 PM Reply   
Seriously though, thats screwed up, unless your uncle made some sort of driver error, he didn't tell the kid to try a flip.

I carry 300K and pay roughly 350/year.
Old    Bill K (bill_airjunky)      Join Date: Apr 2002       02-24-2010, 1:46 PM Reply   
In addition to the policies for your homeowners, boat, car, ATV, motorcycle, etc., get an umbrella policy that covers them all. Costs like $200 per year & bumps coverage up over $1 million. Then if someone decides to sue, the insurance company will hire their high priced cut-throat lawyers to protect you & their million bucks.

BTW, a lot of times in these lawsuits, one insurance company will sue another. So if your uncle's friend went into the doctor for his leg, had it covered by his own medical coverage, and they found out it was behind your uncle's boat, they have the right to sue to recoup their expenses. It may have little or nothing to do with the parent's decision.

In some cases damages & injuries can be bad enough that multiple insurance policies may be used to cover everything.

(Message edited by bill_airjunky on February 24, 2010)
Old    Neil Spencer (neilspen)      Join Date: Sep 2008       02-24-2010, 6:44 PM Reply   
One thing that your uncle might look into, is if he has PIP or MEDPAY on his insurance policy. PIP/MEDPAY is a fault free coverage that will pay your bills if you or other party is injuried while on your boat, most states have it but there are different limits per each state.

If your uncle thinks that he is going to get a lawsuit from this, it is probably the best thing to go ahead and file a claim on his insurance. They will do there investigation, and if he found liable or fault free, the insurance will provide a defense for him, if he served with a lawsuit.
Old    Jonny (wakeboardlasvegas)      Join Date: Mar 2007       02-24-2010, 7:52 PM Reply   
The fact that he tried a "backflip" would mean he didnt know what the F he was doing and shouldnt have been doing it. Case dismissed. Friendship OVER.
Old    Brady (pdxWAKE.com) (big_b_21v)      Join Date: Oct 2006       02-24-2010, 8:14 PM Reply   
Medpay is harder and harder to get these days at a reasonable cost. Some carrier offer it but it usually has a high premium or an unreasonable deductible.
I would 2nd Bill's response. If you take alot of people out especially if they are kids who's parents may chase after you for lack of understanding and possibly a lack of coverage of their own.
Unfortunately not everyone has medical coverage and even if they do alot of medical providers and insurance companies are becoming pretty savvy at tendering claims to any 3rd party involved.
The Umbrella Policy is a must and a great protection choice.
The fact is the boat coverage will always be primary, then some home owners policies will kick in. But for fear of jacking your rates and possibly being uninsurable, I would add a Umbrella always.
Its cheap security from losing everything.
Old    Dan (tinytim)      Join Date: Jan 2010       02-25-2010, 8:53 AM Reply   
That is all some good advice. Thank You
Old    Diggs (pdxWAKE) (tyler97217)      Join Date: Aug 2004       02-25-2010, 10:24 AM Reply   
Don't advertise the fact that you have that policy though. Gives greedy people ideas.... ha ha
Old    Rick H (blastmaster)      Join Date: Aug 2001       02-25-2010, 10:50 AM Reply   
Unfortunatley this is NOT all good advice. It is in fact riddled with inconsistancies and variables from policy to policy and state to state. I encourage you to speak with a local agent for reccomendations specific to your region.

I will clarify:
Insurance comapnies do not sue each other, it is called "subrogation " and is an industry standard where one carrier presents a demand for damages paid to it's isnured for medical or property damage that was caused by another person. There may or may not be an liability exposure involved.

Medical coverage is very easy to obtain is offered by every carrier I am framiliar with and stupidly cheap. It is a giveaway coverge and therefor usually has a $5-10K max. It is no fault and anybody that is not family member of the named insured is basically covered for any injury occuring as a result of use or participation on a vessel, auto etc...


Almost all medical insurance companies have an "assignment clause" which allows them to automatically seek to recover medical expenses paid to an insured who is injuried if any underlying coverage is in effect.... IE boat, car, home etc...

A home owners policy will never extend any limit to any motor vehicle or vessel......

An umbrella policy will be excess liability coverage that does not have any duty to defend or indemnify until the required primary policy underlying limits are reached.

Friends are no longer friends and do become plantiffs especailly when children are involved.........

Pollution is a critical coverage some policies offer and should seriously be considered as well as wreck removal. Guys skimming oil & fuel off the water in white jumpsuits gets very expensive real fast. You can no longer even launch a boat into Lake Tahoe without showing proof of coverage with pollution to the harbor master now in a addition to being inspected for mussles......

http://www.wakeworld.com/Articles/2004/insurance.asp
Old    Bill K (bill_airjunky)      Join Date: Apr 2002       02-25-2010, 2:11 PM Reply   
Obviously Rick has a lot more experience in the insurance industry than I do.

Unfortunately I've seen a claim get nasty enough that it all goes in to court to have it hashed out by a judge. Call it "subrogation" or "sue" or anything you like. I called it "sucks".

We had a girl in the boat who reached for rope when the rider went down. The rope spun around her hand, and the torque practically twisted her hand off. At the time, we were in one guy's boat, driven by a friend. The girl's own medical insurance had to pay, boat owner's policy had to pay, the boat driver's policy had to pay, and she still has a messed up hand with dozens of surgeries to show for it. And it all got taken to court & heard by a judge. 2 of the 3 insurance companies who insisted they were not liable, ended up having to pay in the end.

And like Digg's said, be careful who you tell about policies like this. Regardless of who is paying, you are paying in the long run.
Old    Adam Fullmer (adam4x4)      Join Date: Jan 2009       02-25-2010, 2:26 PM Reply   
Bill is right. Had a girl get hurt on a tube behind my boat. her boy friend hit her face and broke a bone in her face. her mom was cool at first then the b**** came out. it was not my fault. but she sued my insurance and is going to get money.
BTW. they are saying that i was drinking beer on the boat. i have had bypass surgery and can not have anything carbinated, and have others on the boat that told them that i do not drink. but i have her trying to sue me for child endangerment.
Old    Brett Yates (polarbill)      Join Date: Jun 2003       02-25-2010, 2:31 PM Reply   
Adam, that absolutely sucks. When I have kids I am never going to let their friends hang out on my boat, ride in my car, have a pizza party at my house for fear of being sued because an accident took place. This is all pure craziness and part of why our society sucks balls.
Old    Dan (tinytim)      Join Date: Jan 2010       02-25-2010, 3:44 PM Reply   
Brett you make having kids sound so scary..lol.
Rick I read the article you posted on the link, very helpful thank you.
Old    Christian Barker (mcb611)      Join Date: Feb 2010       03-03-2010, 7:36 AM Reply   
check with your insurance company, they are all different so they could tell you best
Old    Art (rallyart)      Join Date: Nov 2006       03-03-2010, 10:12 AM Reply   
My boat is insured through the same company as my cars and house. There is public liability in the boat policy, just like in the car policy. My policy also has an additional $1M liability coverage that is additional to the coverage on the cars, boat, and home.
Just make sure you understand the policy when you talk to your insurer. Talk to another if you don't get clear answers. If you want, write down specific questions and the answers you get to those questions.

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