How soon do I have to inform the insurance company after a claim? The wording "immediately" is usually found in the terms and conditions - that means without culpable delay. Nowadays, many insurers can be reached around the clock via service telephone numbers. Therefore, do not be afraid to use a radio or cell phone in the middle of the night or on the weekend because of a supposed triviality, or at least send an email as quickly as possible. On the other hand, the insurance company can wait if, for example, you suffer a serious accident and have your hands full to get the crew and ship safely to the next port. The same applies if you are seriously injured as a result of an average and hospitalization is necessary. Then the insurance cannot require that you pick up the phone despite a serious injury
Who do I have to call: my broker or the insurance company? Basically, the following applies: The insurance company is your contractual partner, not the broker or agent who sold you the policy. This means that you must be informed directly in the event of damage. If you do not do this, you may be denied compensation at a later date with an indication of a breach of obligation. Even if you called your broker or agent in good faith. If he had no power of attorney to give you instructions on behalf of the insurance company after a damaging event, you may be at the end of the stupid
Are there any exceptions to this? There are. In practice, large insurance brokers and intermediaries have made appropriate agreements with the companies whose policies they sell. This means that you are entitled to handle the claim processing yourself. However, you as the customer must be informed of this in writing. A look at the small print provides clarity. If nothing is noted there, under no circumstances should you believe the agent's verbal assurances. Instead, ask the insurance company directly and, if in doubt, request a written declaration that the broker is actually acting on behalf of the insurance company
Watersports legal expert Dr. Heyko Wychodil
Do I have to follow the instructions of the insurance company in any case? Yes, otherwise you are putting your insurance coverage at risk. In individual cases, this can mean that you have to interrupt your vacation trip, call at an unscheduled port or have your ship accessible to a damage assessor at certain times. You can only rightly fail to follow instructions if life and limb are threatened. For example, nobody could ask you to stay on your leaky ship until the insurance company has organized a tug if that would put yourself or your crew in danger. However, you must then be prepared for the fact that the insurance company will later want to know exactly what this risk actually existed
Do I have to accept the appraiser sent by the insurance company? Yes. Unfortunately, you have no say in the selection
What can I do if the amount of damage determined by the expert seems to me to be too low? You have two options: You can commission an expert opinion yourself. But you would have to pay for that yourself. Alternatively, you can get a cost estimate from a reputable repair shop. If it deviates significantly from the insurance report, confront your company or your broker with it. If the other side is stubborn, you can go to the ombudsman. This is a publicly appointed arbitrator who is supposed to mediate between the two parties. You can find out who is responsible in your insurance documents. If that is unsuccessful either, you still have to go to the lawyer
Can I choose where I want the repairs to be carried out? In principle, yes, as long as you don't overdo it. There is no entitlement to commission repairs from the best and most expensive local company. The middle price segment in a region is decisive. If you are unsure, get quotes from various companies and choose one from the middle. Then the insurance cannot accuse you of a luxury renovation
Am I entitled to have my ship repaired by the original manufacturer or their authorized dealer? No, that usually makes little sense because many yacht manufacturers are not prepared for repairs at all. They would also commission service companies. In addition, you could not ask the insurance company to pay for the transport of your damaged ship to the manufacturer's yard, which can be extremely costly
How long do I have to be patient before I can have the ship repaired? You have to give your insurance company a few weeks, even two to three months, to process your claim. Experience also shows that the companies do not deliberately delay the settlement of an insurance claim. Especially in the case of serious accidents, you can almost always assume that the current season is over for you, however bitter that may be in individual cases. Because after the appraisal, cost estimates have to be obtained before the actual repair can even be carried out
Can I repair damage myself and have the sum insured paid out to me? Yes. In that case, however, you can only be reimbursed the net amount. Entitlement to payment of the gross amount only exists if VAT is actually paid in the course of repairing the damage. This can also be done for up to three years after the fact. So if, for example, one year after paying out the sum insured, you notice that you would prefer to have the repairs carried out by a company professional in whole or in part, you can have the VAT reimbursed by the insurance company against receipt
Does the insurance also bear the costs for hotels, flight changes, medical care, etc. after an average? There is no compensation for self-inflicted damage. Only the ship is insured. You must bear all follow-up costs that are not directly attributable to the ship - unless you have also taken out a kind of cover letter policy, which some insurance companies now offer. Only in exceptional cases does the own comprehensive insurer pay for the hotel and travel expenses if the expenses are incurred by the owner in the interest of minimizing the damage
What if I am the victim myself? In the case of damage caused by third parties, things look different. Then the other party involved in the accident is obliged to pay further damages. This certainly includes accommodation and additional travel costs for the crew if a trip has to be broken off. You may even be entitled to compensation for pain and suffering if you are injured as a result of an average
Can I also request a replacement ship from the other party or their insurance company for the time that my own yacht is being repaired? Or at least compensation for lost sailing pleasure? Most of the courts still regard boats as luxury goods. In contrast to a commodity such as a car, which one is dependent on because it is used to drive to work every day. As a rule, owners can therefore not hope for compensation for use as a result of an average
Recorded by Pascal Schürmann; published in YACHT 4/2010
What to do in the event of damage? Click here for the detailed guide including checklists.