We were anchored for lunch. My friend slipped on the swim platform, fell, and sliced his arm open on a cleat. He needed ER transport and surgery. He’s a good friend, but his health insurance is demanding he sue me to recover the $15,000 cost.
Key Takeaways
- MedPay is First Aid: “Medical Payments” coverage allows you to pay small medical bills (usually up to $5,000 or $10,000) for guests regardless of fault. It prevents lawsuits.
- Liability is the Heavy Lifter: If the bills exceed MedPay, his health insurer will subrogate (sue) your “Watercraft Liability” coverage. This requires finding you negligent (e.g., the deck was unreasonably slippery, or you were driving recklessly).
- “Guest” vs. “Household”: MedPay usually covers guests. It typically excludes you and your immediate family living in your household.
- Duty of Care: As captain, you have a duty to warn guests of hazards. “Watch your step” is a legal defense.
The “Why” (The Trap)
The trap is “Subrogation.”
Your friend doesn’t want to sue you. But once his health insurance pays the $15,000 hospital bill, they take over his rights and come after your boat insurance. You receive a letter that looks like a lawsuit from “Blue Cross v. You.”
The Investigation (I Checked Limits)
- Standard MedPay: Usually $1,000. This pays for the ambulance ride, maybe.
- Recommended MedPay: $10,000 or $25,000.
- Cost Difference: Peanuts. Usually $20/year to max out MedPay.
Comparison Table
| Coverage | Pays Without Fault? | Typical Limit | Purpose |
| Medical Payments | Yes | $5,000 | Good will / Minor Injury |
| Watercraft Liability | No (Must be negligent) | $300,000+ | Major Injury / Lawsuits |
| Uninsured Boater | Yes (If they hit you) | $300,000+ | You get hurt by others |
Step-by-Step Action Plan
- File the MedPay Claim: Call your insurer. “I have a guest with a medical bill. I want to use my MedPay coverage.” This often settles the issue without a liability investigation.
- Take Photos of the Scene: Photograph the swim platform. Was it soapy? Was it defective? Or was it just wet (an inherent risk of boating)?
- [IMAGE: Photo of the boat deck showing non-skid surface condition]
- Don’t Admit Fault: Say “I’m sorry you’re hurt,” NOT “I should have cleaned that up.”
- Save the Medical Bills: Forward all invoices directly to your adjuster.
FAQ
Does this cover me if I slip?
Usually no. MedPay is for guests. You rely on your own health insurance.
What if he was drunk?
Contributory negligence might reduce your liability, but MedPay usually still pays out.