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A downloadable PDF version of this document is available here.
When you advise us that you have had an accident for which you want to make a claim under your insurance policy, we will do everything we can to help to resolve your claim quickly and with as little trouble as possible.
Pantaenius is an Insurance Intermediary and has arranged your insurance for you. We will endeavour to act in your best interests at all times. We may have delegated authority from the insurers to handle your claim and settle it under the terms and conditions of your policy without reference to the insurers. If this is the case, you may be assured that we shall handle your claim fairly and quickly – but we can only settle claims that are covered under your policy. Please do not ask us to process claims that are not covered by your policy. If we are unable to reach an agreement with you about the settlement of your claim, your claim will be referred to your insurers for their assessment and decision.
If we do not have delegated authority from the insurers of your policy, or if the value of the claim is above our delegated limit, then we shall need to obtain the insurers’ acceptance of your claim, and their authorisation, before making any payments. We have good lines of communication with the insurers and this should not cause undue delays.
Many of our insurers are located outside the UK – usually in major European cities. If there is any dispute about whether something is covered under the terms and conditions of your policy the insurers will refer the matter to a UK marine lawyer for an opinion under English law.
As soon as we receive full details of the accident and any loss and/or damage we will check to see whether the loss or damage is covered under the terms and conditions of your policy. We will also check to see that all premium payments are up to date and that you have complied with any conditions or warranties on your policy. As soon as possible we will tell you whether your claim is covered under your policy.
If a surveyor is appointed to inspect the damage, remember that he is appointed to represent the interests of your insurers. His role is to verify the cause of the damage and to report this, together with a full report on the nature and extent of the damage and the most effective method of repair, to us for an assessment of your claim. Although the surveyor is representing your insurers, he will be able to offer you advice and in particular will have knowledge of local repair facilities which you may find useful. He will not have any authority to agree your claim, either to determine whether it is covered under your policy or to give an opinion of the likely amount of settlement.
Whilst the surveyor, and the Pantaenius Claims Team, will do their utmost to assist you and to ensure that your claim is handled efficiently and speedily, your yacht remains your responsibility at all times.
We will respond to your phonecalls as soon as possible. However, if we are trying to contact a surveyor who may be out assessing other claims, there may be unavoidable delays. We will always deal with emergency situations as soon as they are notified, so if we cannot return your call immediately we would ask you to be patient.
We will reply to your letters, faxes and emails as soon as possible. We will also keep you informed of any other relevant correspondence on your claim, particularly if this involves third parties claiming against you, or the insurers of third parties who have caused damage to your boat.
Some claims can take several months to conclude, as repairs may be lengthy. However, you should not experience any delays from us. We will always try to move your claim forward, and there should not be any undue delay in the initial assessment of your claim or in obtaining the insurers’ authorisation for repairs to commence. Once authorisation is received from the insurers, authorisation should be given to you within one working day, or settlement of your claim made within 3 working days.
Yacht Hull Claims
You should complete the enclosed claims forms and return them to us as soon as possible. Do not leave any questions unanswered as this can cause delays. If you are unsure how to complete the form, telephone the Claims Team for advice.
If you are able to provide photographs of any damage, please send these as soon as available.
Never overestimate your claim, or try to include in your claim any items that were not lost or damaged in the accident for which you are claiming. This can result in the insurers refusing to pay any part of your claim. If you want to have other work done whilst insured damage is being repaired, just make sure that these items are carefully marked on the invoice as additional work/parts.
If a surveyor is appointed to assess your claim he will contact you to arrange a convenient time to inspect your boat. We recommend that you try to be there when the surveyor inspects the damage. He can be a source of useful advice and your presence at this first inspection can prevent any misunderstandings later on. However, we do realise that it is not always possible for an owner to be present and there is no obligation on you to attend.
You will need to get estimates for the repair or replacement of any items for which you are claiming. These should be submitted to us as soon as possible and they will be checked to ensure that the costs are reasonable and any replacement items are the same or similar to those lost or damaged. If you cannot get identical replacements because they are obsolete, get estimates for current models.
If your boat is located some distance from your home, the surveyor may be able to arrange for you to receive estimates from local repairers, but it is not always possible for the surveyor to do this, and ultimately it is your responsibility. If it is possible, we will liaise with the surveyor for you to try to achieve this.
If you want to upgrade lost or damaged items with items that are more expensive, higher quality or have more features the insurers will contribute the cost of a straight replacement and your will need to contribute the additional amount to upgrade the items. If you wish to do this, please mark these items carefully on any estimate and the amount you will contribute.
Please bear in mind that if repairs are delayed for any reason outside the control of the insurers – for example, if you do not instruct the repairers to commence work when authorised, or do not obtain estimates for repairs in reasonable time the insurers are not liable for any marina or other storage fees.
When the damage to your boat is the fault of another person
If you think that someone else is responsible for the damage to your boat you may wish to claim against their insurance. This can be done in one of two ways.
1. A direct claim against the other person’s insurance.
You should write directly, if possible, to the person who caused the damage, saying that you are holding them responsible. They should pass this letter to their insurers who may then contact you directly.
The other person’s insurers will assess your claim and communicate their response directly to you. If they agree that their policyholder was liable, they will pay your claim directly to you, or will pay the repairers of the damage to your boat. You may also be able to claim for out of pocket expenses you have incurred directly as a result of the incident, so you should keep a note of these.
If you need any help with this process, please contact us for assistance. If you have Legal Expenses insurance you can use the insurers’ help-line to speak to a marine solicitor who can offer you advice and can also take up the claim on your behalf. This can be of particular benefit if the person you claim is responsible for the damage is not insured or will not respond to your claim.
Your Legal Expenses insurer will also help you if you want to claim against someone who has supplied you with faulty parts or materials or inadequate repairs if that person is not prepared to replace or make good the faults.
2. Settlement under your hull insurance and a recovery by the insurers.
If your boat has been damaged in an incident that would be covered under your own hull insurance, for example a collision, but you claim that someone else caused the incident, your claim can be settled under your own hull insurance policy and the insurers may then attempt to recover their costs from the person causing the incident.
If your claim is settled in this way the normal processes of a hull claim will apply. A surveyor may be appointed to assess the claim and your policy excess/deductible will be applied to any payments the insurers make. This applies even if you think the incident was not your fault.
Your insurers may then try to recover the settlement from the other person or his insurers. If they do this, we will ask you whether you wish to have any out of pocket expenses included in the claim, and your policy excess/deductible will be included.
If the recovery action is successful your policy excess/deductible will be refunded to you, together with any out of pocket expenses that have been met by the third party insurers, and your No Claims Bonus status will be unaffected by the claim.
Your insurers are not obliged to attempt a recovery of their costs and may decide not to do so if there is little chance of success or if the cost of the recovery action is potentially greater than the amount they have settled for your claim. In this case your claim will be treated as a normal hull claim, with the relevant excess/deductible applying to the settlement and your No Claims Bonus status will be affected by your claim.
When another person wishes to claim against your insurance for damage or injury they say you caused.
If another person makes a claim against you, both you and the person claiming will need to complete claim forms and give independent reports of the incident. As with a hull claim, a surveyor may be appointed to assess the damage on behalf of your insurers. In the case of injury, an independent medical expert may be appointed.
You should not admit any liability unless your insurers agree to you doing this. Liability under marine law is complex and you should leave it to your insurers to assess the claim and respond to the claimant. If you receive any correspondence from the claimant or his solicitors or other representatives, please forward this to us and we will respond directly. If the incident involved a racing collision, please send us a copy of the Protest Committee Report if one is available.
If the claimant’s report of the incident varies from your report we shall contact you for further clarification.
When the claim has been assessed we shall advise you whether the incident has been found to be your liability or not. We shall advise you if and when we make any payment to settle the claim, and when the claim has been concluded. We shall also advise you of any action taken to defend the claim if your insurers consider that there is no liability under the terms of your policy.
Other Insurances arranged through Pantaenius
If you wish to claim on any other policy arranged through Pantaenius, including Accident, Medical, Travel, Legal Expenses and Employers’ Liability, we shall be happy to assist you and act as an intermediary between you and the insurers if you would find this helpful. Some insurers provide their own emergency claims help-line and it may be appropriate for you to use this facility initially, but please do not hesitate to contact us at any time that you would like our assistance.
Complaints
We shall do our utmost to handle your claim fairly and promptly. However, if you are not satisfied with the way in which we have handled your claim you may write to:
Pantaenius UK Limited, Marine Building, Victoria Wharf, Plymouth PL4 0RF.
If we are unable to resolve your complaint, you may be entitled to refer it to the Financial Ombudsman Service.
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