Ok...got a question.....

robmac · 08-05-2010, 05:07 AM

The person without his ir her certificate will be cited which will in turn go against their driving record,you would be responsible for any tow bill. I tell my guests no paper no fun.

chipj29 · 08-05-2010, 08:05 AM

I know you can't control what your co-owner does, but if I was you I would strongly encourage them to not let anyone take out your toys. Since it is half yours, you should have a say in it.

Under no circumstances do I allow anyone to drive my Sea Doo PWC. Not even with a certificate. Yes, I have full insurance on it. I just don't trust anyone.

BroadHopper · 08-05-2010, 08:18 AM

In the state of NH, you can register a vehicle/vessel without insurance. However, by law, you have to show 'Proof of financial responsibility' in case you do get into a situation that requires payment in case of an accident. The courts shows no leniency toward those you can not pay for damages or injuries when they are at fault. Something to seriously think about before driving your vehicle or vessel. Perhap Skip can chime in here.

Merrymeeting · 08-05-2010, 09:47 AM

As often happens in forum threads, I believe this is spinning a bit off track.

No where did eillac say there was no insurance. Given the fact that he/she was concerned enough to ask the question about liability, I would suspect that there is coverage. But that was not the original question.

The original question concerned who is liable, insurance or not, if an incident happens with an unlicensed operator. A valid tangent could be the same question for a licensed operator as it may not make a difference.

In the end, the lawyers will try to go after anyone they can in a given situation. The best you can do is reduce your exposure by,

a) having insurance
b) being careful about whom you allow to use your toys
c) getting good legal advice.

VitaBene · 08-05-2010, 09:48 AM

Quote:

Originally Posted by Kracken

Exactly,

Its unbelievable how many people don't know that.

To add to it, if a driver gets into an accident without insurance and they cannot make restitution, they will not only be held financially liable for all damages they will be required to show proof of insurance before they can operate a motor vehicle again.

Operating any vehicle without insurance is wrong. Even if your vehicle’s value is directly proportionate to the amount of gas in your tank; when you get behind the wheel of anything you have the responsibility to protect all others from your actions.

If you can’t afford insurance, you can’t afford to drive.

IMHO

To take it one step further, I strongly recommend that you ensure that YOUR policy includes uninsured/ under-insured coverage so that you are protected against those knuckleheads that drive around you without insurance. Otherwise you may be receiving your settlement a dollar a week for the rest of your life.

Skip · 08-05-2010, 09:50 AM

Some very good answers here.

Once again this question shows the holes & loop holes we have here when we compare boating laws to comparable regulations covering vehicles, atvs and snowmobiles.

There are various regulations in the OHRV and automotive rules that can hold an owner legally accountable for the operator of a vehicle registered to them.

The same issue is mostly left uncovered when it comes to boats.

That said if you "knowingly" allow an unlicensed operator to operate a vessel owned or co-owned by you then you open yourself up to tremendous civil liability.

The key word being "knowingly", as is admitted by the original poster.

Additionally some insurance carriers have exclusions on coverage if the operator is in violation of the law at the time of the accident.

Bottom line:

Have Insurance!

Know what that insurance covers, but more importantly - excludes!

Do not allow anyone to operate a vessel you own or co-own unless you know for sure they have the appropriate safety certificate.

Just a sidenote and not to get too far off track...

If you allow someone to operate a vessel you own and you should have known that that person was unfit to operate, including the fact that they are under the influence of alcohol or drugs, you open yourself up to the opportunity to be indicted for one or more felonies!

08-05-2010, 08:05 AM	#2
chipj29 Senior Member Join Date: Apr 2004 Location: Bow Posts: 1,874 Thanks: 521 Thanked 308 Times in 162 Posts	I know you can't control what your co-owner does, but if I was you I would strongly encourage them to not let anyone take out your toys. Since it is half yours, you should have a say in it. Under no circumstances do I allow anyone to drive my Sea Doo PWC. Not even with a certificate. Yes, I have full insurance on it. I just don't trust anyone. __________________ Getting ready for winter!

08-05-2010, 08:18 AM	#3
BroadHopper Senior Member Join Date: Oct 2004 Location: Laconia NH Posts: 5,668 Thanks: 3,282 Thanked 1,132 Times in 814 Posts	Proof of financial responsibility In the state of NH, you can register a vehicle/vessel without insurance. However, by law, you have to show 'Proof of financial responsibility' in case you do get into a situation that requires payment in case of an accident. The courts shows no leniency toward those you can not pay for damages or injuries when they are at fault. Something to seriously think about before driving your vehicle or vessel. Perhap Skip can chime in here. __________________ Someday may never be an actual day.

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08-05-2010, 05:07 AM	#1
robmac Senior Member Join Date: Jan 2005 Location: Nashua,Meredith Posts: 950 Thanks: 213 Thanked 106 Times in 81 Posts	The person without his ir her certificate will be cited which will in turn go against their driving record,you would be responsible for any tow bill. I tell my guests no paper no fun.

08-05-2010, 09:47 AM	#4
Merrymeeting Senior Member Join Date: Mar 2003 Location: Merrymeeting Lake, New Durham Posts: 2,228 Thanks: 304 Thanked 799 Times in 368 Posts	As often happens in forum threads, I believe this is spinning a bit off track. No where did eillac say there was no insurance. Given the fact that he/she was concerned enough to ask the question about liability, I would suspect that there is coverage. But that was not the original question. The original question concerned who is liable, insurance or not, if an incident happens with an unlicensed operator. A valid tangent could be the same question for a licensed operator as it may not make a difference. In the end, the lawyers will try to go after anyone they can in a given situation. The best you can do is reduce your exposure by, a) having insurance b) being careful about whom you allow to use your toys c) getting good legal advice.

The Following User Says Thank You to VitaBene For This Useful Post:
Kracken (08-05-2010)

08-05-2010, 09:50 AM	#6
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	Some very good answers here. Once again this question shows the holes & loop holes we have here when we compare boating laws to comparable regulations covering vehicles, atvs and snowmobiles. There are various regulations in the OHRV and automotive rules that can hold an owner legally accountable for the operator of a vehicle registered to them. The same issue is mostly left uncovered when it comes to boats. That said if you "knowingly" allow an unlicensed operator to operate a vessel owned or co-owned by you then you open yourself up to tremendous civil liability. The key word being "knowingly", as is admitted by the original poster. Additionally some insurance carriers have exclusions on coverage if the operator is in violation of the law at the time of the accident. Bottom line: Have Insurance! Know what that insurance covers, but more importantly - excludes! Do not allow anyone to operate a vessel you own or co-own unless you know for sure they have the appropriate safety certificate. Just a sidenote and not to get too far off track... If you allow someone to operate a vessel you own and you should have known that that person was unfit to operate, including the fact that they are under the influence of alcohol or drugs, you open yourself up to the opportunity to be indicted for one or more felonies!