Need help about liability insurance?
Our boat was being kept at a boat yard where it was having work done on it as we had only just bought it days before. In passing, the owners of the boatyard offered to get us insurance through their broker as it would be the best deal. We went for this but unfortunately the workshop was attacked by arsonists and burnt down, along with our boat, before they did this. The owners have promised on a number of occasions (including once in front of a police officer) to get us a new boat for compensation to the same value. More than a month later and we can't get hold of them and nothing has been done. We have also now found out that they didn't have liability insurance on the place.
As we are getting impatient as the weeks and months go on, we are wondering where we stand legally with this. Is public liability insurance necessary? Can we go to court with this & do we have a leg to stand on?
They need to have "garage-keepers" insurance. This, like a auto mechanic or parking garage, would cover other peoples boats in case of damage. If they don't have liability insurance there is a good chance they did not have any insurance what so ever. These commercial policies usually are packaged together.
You probably already know this but you are very silly for not having insurance in effect the second you take possession of something like a boat or an automobile. Most auto policies have a right of acquisition time frame but not boat owner's policies. Furthermore, discount repair places, with little or no reputation, have a bigger downside than the possibility of bad repair work.
As far as a legal leg to stand on? You can sue anybody for anything. Someone lost your boat in a fire and that person took responsibility to make sure it was safe while in their care and custody. In my opinion you can definitely bring this to court. I would also recommend that you do this quickly and settle quickly, because if there are other people in the same situation...the money will run out.
Did you every get an insurance bill or policy in the mail? If not, I say you are screwed and I would contact an atty if they dont return your calls. Get a police report too!
Unless this boat yard also operates as an insurance agency they have no legal authority to bind coverage on your boat. So unless you met with a legal agent of an insurance company, came up with an agreement and exchanged money then YOU have no insurance.
So unless the boat yard has a policy with an endorsement for Bailee's coverage (for loss or damage to customer's property under temporary control) you're out of luck as far as insurance companies go. If they reimburse you out of good faith, that's up to them.
Firstly the boat yard are NOT legally required to have Public Liability insurance in the UK.
However you mention that you "went for" the insurance they offered you. How far did you get with that before it burnt down? Did you pay a premium? did you receive any documention? even if you dident, if you know who the broker is, you might try contacting them to see if the policy was in force at the time of the fire.
Aside from that, do you have any general insurance on the boat yourself that would indemnify against a fire? if so you will proberely be able to claim on that policy.
Good luck.
Markus.
Answers:
OK, THEIR liability on the place, IF they had it, would be for like slip & fall claims while you were on their premises. It would NOT cover the physical damage of YOUR boat, while it was being kept there. Liability specificially excludes coverage for property in your care, custody, or control.
Likely, public liability (slip & fall coverage) is NOT required. You could go to court, but unless they caused the fire (were THEY the arsonists)? You will lose. If they DID cause the fire, it's not going to help you collect. LIkely these people just lost everything they have, and good luck getting anything from them.
NEVER EVER EVER rely on a third party to get insurance for YOU! NO ONE will look out for your interests as well as you can.
As a company they must have insurance , it's a legal requirement
Yes you do have the right to claim , go to your local Country Court and they will issue you with the correct forms
You can call the policemen as a witness
I hope you can sort the matter out without going to court , and good luck
If you have no documentation proving that you had insurance then it doesn't sound good, however the company you docked your boat with should have had liability insurance or they are breaking the law, go and see a solicitor because I think you could possibly get some money out of the boat yard. Try to get in touch with the police officer and ask him to make a statement regarding what he heard them say