Paid for charter/captain services - Insurance/Legalities Discussion

[douglee25]

This what I see as the risk.

Lewisville is a very dangerous lake. If you look at the statistics, its off the charts. Was on a plane a while back with an individual from corp of engineers. We started talking about lakes in Texas, he shared a lot of stats about just how many incidents, accidents, and injuries happened on that lake.

Its not about how safe a captain - or how good a captain a person is - this is truly is about what the other guy does.

When we had a boat there I was talking with a dockmate who had come in shaken up. He also had a ski boat. He was pulling a skier behind his boat, another boat went between the skier and the back of his boat on plane. This stuff happens on that lake.

These captains can be doing a great job. Then someone else does something stupid like running into the boat they are sitting still, not moving, on. Lawsuit happens when an attorney discovers an unlicensed captain who was operating one of the vessels for hire.

Doubt that liability would be picked up by insurance. Your insurance company would fight it. Just my opinion.

The numbers sounds like a great business opportunity in terms of revenue potential. My thought would be get a license - that is your best liability defense. Just my thoughts.

All great points. Much of it has crossed my mind. I appreciate the insight.

 

[mquiet]

Currently I'm not... That's why I've declined. However, if I can eliminate or transfer risk, I would entertain it and market it to more upscale clients. 1500 x 2-3 charters/day is nothing to sneeze at.

Also you have to make sure your medical, TWIC, and show prof that you are part of a drug free random program. These need to be on you and in your possession if asked by locals or USCG.

 

[FootballFan]

I was curious, started looking around after I saw @mquiet reference to TWIC, medical, etc.

This is one site I saw

Fines for Running Charters Without a License (marinerslearningsystem.com)

But found same information on multiple different sites - to the extent I think there is validity.

Summary: 10,000 fine for each occurrence, +5,000 per occurrence if not part of drug testing program.

We all know, wink wink, you don't get pulled over by the Coast Guard on lakes in Texas. The roll of the dice is if there is an accident of any kind, regardless of fault, and you wind up in discovery. That is enough to trigger the fines.

 

[douglee25]

I was curious, started looking around after I saw @mquiet reference to TWIC, medical, etc.

This is one site I saw

Fines for Running Charters Without a License (marinerslearningsystem.com)

But found same information on multiple different sites - to the extent I think there is validity.

Summary: 10,000 fine for each occurrence, +5,000 per occurrence if not part of drug testing program.

We all know, wink wink, you don't get pulled over by the Coast Guard on lakes in Texas. The roll of the dice is if there is an accident of any kind, regardless of fault, and you wind up in discovery. That is enough to trigger the fines.

Makes me cringe reading that because I'm confident 95% of the people chartering have none of the proper credentials. I made the right decision not to take my boat out for hire.

 

[Stee6043]

This guy, good fisherman, decided to be a charter captain. First trip, picture explains. By now, he has probably lost his house, cars, savings, everything. And the litigation is still ongoing….
View attachment 127833

I'm fairly certain that case is closed and the blow boater owned 40% of the liability. I'm sure the guy still has a car...

 

[mquiet]

Makes me cringe reading that because I'm confident 95% of the people chartering have none of the proper credentials. I made the right decision not to take my boat out for hire.

Yes you did! I have dual use documentation on our boat. Then imagine if you said someone is a mate and could not show they are currently enroll d in a drug monitoring program. That is another fine I believe up to $10k, might be a little less.

 

[Tim Fila]

Negative.

I don't remember the name of the rental outfit. Essentially they broker boats/Captains to rent for X time. The company provides the booking and handles the transaction and the insurance. Similar to those who rent out their RV. The service does everything including provide supplemental insurance and they take a certain percentage of the transaction amount.

That sounds like Anchor charters

 

[Creekwood]

Currently I'm not... That's why I've declined. However, if I can eliminate or transfer risk, I would entertain it and market it to more upscale clients. 1500 x 2-3 charters/day is nothing to sneeze at.

Sound about the rate per hour of a defense attorney.