Originally Posted by ribman
Supposing you ran a charter RIB, and paid a qualified skipper to drive the boat for the day, as a self employed contractor. The skipper hits something in the water and creates several Łks worth of damage which has to be professionally repaired, resulting in the boat being out of operation for several weeks. Assuming the insurance pays out but you are left paying a hefty excess, would you have any comeback with the skipper, or is it just a simple case of bighting your tongue and moving on. I know a lot of skippers and instructors take out their own insurance to cover their backs in the event of something going wrong - would this have any bearing on this sort of situation? If not, what is the point of this sort of insurance policy.
Any thoughts much appreciated.
If it was me and I'd hired in a certificated operator from someone i'd known, to operate one of my diggers (on hire to my client), and the operator damaged the machine, I would pay to repair it, because hes, deemed under my supervision, That said if he struck a street lighting cable that the client hadn't advised him about and it blew the bucket off the machine, then my client is liable. I know the scenarios are different but I'm trying to show where liabilites are clear, and less clear, now, I guess you know that ! , but the way to solve it is by getting a hire contract signed before hand, that makes the responsibilities of the parties clear at the outset.
Even so sometimes in the hire game stuff happens, and there aint a lot you can do about it, unless you can place some proof of negligence on the operator, then you have to be a bit phorensic and gather the data to make your case, all this while the asset is out of commission ofcourse, but if a proper hire agreement is in place, you can claim for lost revenue aswell etc.. Hope that is of some help
*edit* but I'm sure no Skip would sign up to being liable to any damage caused but hitting unknown submerged obstructions, that is what is known as an unquantifiable risk.