Collision Liability / Recovery

d salvage following collision

Collisions at sea between two vessels generally, results into damages to both the vessels.  Where Collision is due to fault of both the vessels, the assured under the Hull and Machinery policy will have a claim against owner of the other vessel for a fraction of his own damage, whilst concurrently being liable for a corresponding fraction of the other vessel’s damage.  Damage to own vessel due to Collision is considered as ‘Perils of the Sea’ and covered under the standard hull policy, whereas, liability for damage to other vessel is covered under the Running Down Clause of the policy, which is supplementary to the physical damage cover.  Most hull clauses provide cover for 3/4th of Collision Liability of the opponent vessel but, is generally limited to 3/4th of the sum insured under the hull policy.

In Collision cases, LMA assist in the following matters:-

  • Collection of Collision Security;
  • Apportionment of Loss under the Hull and Excess Liability Policies;
  • 3/4th Collision Liability Claim on Cross Liability basis;
  • 1/4th Collision Liability Claim on P&I Club;
  • Apportionment of Liability on Single Liability basis;
  • Apportionment of Recovery made from Opponent vessel;
  • Advise on Limitation of Liability / Limitation Fund;
  • Liaison with Lawyers of both the vessels to establish ‘Degree of Fault’;
  • Collision Settlements.

In Collision cases, LMA assist in the following matters:-

  • Collection of Collision Security;
  • Apportionment of Loss under the Hull and Excess Liability Policies;
  • 3/4th Collision Liability Claim on Cross Liability basis;
  • 1/4th Collision Liability Claim on P&I Club;
  • Apportionment of Liability on Single Liability basis;
  • Apportionment of Recovery made from Opponent vessel;
  • Advise on Limitation of Liability / Limitation Fund;
  • Liaison with Lawyers of both the vessels to establish ‘Degree of Fault’;
  • Collision Settlements.

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