Any of you guiding out there know of any good insurance carriers? Any information is appreciated. Thanks!
Guide insurance
Archer0545
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http://boatsafe.wordpress.com/2010/02/26/do-i-need-a-captains-license/
Do I need one? A Captain’s license is only required if you are taking passengers for hire. Section 2101 of title 46, (21a) of the United States Code defines passenger for hire as follows:
A “passenger for hire” means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.
Section 2101 of title 46 (5a) defines “consideration” as an economic benefit, inducement, right, or profit including pecuniary (fancy attorney word for money) payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.” Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration.
Bottom line: If you are a recreational boater, you are allowed to share expenses for a day on the water. Just don’t make payment mandatory if someone wants a boat ride.
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I've been guiding for 15 years now and you def need liability lic! A wavier form will not protect you! You can get an llc for about $150 and it's worth it! Things can happen fast out there and it's the little things that will happen you never would expect! I guide for paddlefish also here on grand lake and I had a guy get his finger caught in a level wind on one of my reels! In 1000 years who would of thought that would happen! He broke his finger! Most ins places won't cover more than 2 or 3 in a boat. I take up to 6 so I had to shop around to find one that covered that many. Some states require you to carry ins also. I'd check your local requirements to be a guide.
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I have the LLC and I am getting my 6 pack license. I will be making everyone sign a waiver but I know they wont hold up against a good lawyer. I am getting insurance just was hoping someone had used a specific provider who services guides. My regular Ins people dont know what to think about people on boats with bows so they naturally want an arm and a leg simply because they dont understand it.
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But...I bet you didn't tell them you were using your boat for commercial purposes did you? Bottom line is if you are going to guide for money, you better protect your personal assets (and ass) by forming a LLC. A liability waiver only holds up when the customer does something stupid, not when you screw up and get them hurt. They shoot themselves in the foot, you are fine. You run up on a sand bar and they bump their head...you are screwed.
For anyone that thinks they wouldn't sue someone in the case of getting hurt...think again. If you are in a car accident that is not your fault, you want the other guy to pay, right? Either his insurance pays or you sue him. Can anyone truly say if they got hurt on a guided bowfishing trip to the point of loosing work and pay plus mounting medical bills...you wouldn't expect the guiding business to cover?
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who me?
aimlow
aimlow
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You actually answered your own question! Someone who pays you to take them fishing is a "passenger" and if he pays you any renumeration, then you are "for hire". In short, take it from a long time licesned USCG Captain, you ABSOLUTELY have to have a catptains license to legally charter or guide. A lot of guys DO get away with it because it is a federal law, not a state law and most inland waterways just don't get USCG enforcement. As a matter of fact, we have a local guide here that does not have a USCG license and has gotten away with it for a few years. Most states require a state guide license, but that generally is a "rubber stamp" type of permit more about the money. Here in Illinois it only costs $50, and while they do ask for your USCG license info, they do not check it. The bottom line is that not having a captains license will probably never get you into trouble with the law. The odds are you will never be checked, but God forbid, if you do guide and there is an accident, the lawyers that sue you (and you WILL be sued) will check to see if you are properly licensed. If you aren't, you will be in deep trouble.
In addition, even if you do get insurance, your policy will require that you have all legal permits and licenses and your failure to obtain them will exempt them from covering you. My policy requires all documentation prior to issuing the license. Also, if my license would be revoked for any reason, the USCG notifies my carrier within 48 hours. With all that said, you can get insurance but you will have to search. Most carriers that insure guides will not touch bowfishing. Charter Lakes, probably the biggest charter insurer in the country still won't. I looked into it about a year ago and did find 3 carriers, but all were cost prohibitive for me. Even with my experience on the water (Salmon Charters on the Great Lakes) my rate was about 2 grand a season, non-prorated.
Does that insurance cover you when running a comerical operation?
Not too many places offer comerical boat insuaence. I talked with the company I have on my charter boat and once I put any type of fan on a boat they would no longer cover it.
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Then don't worry about it Couch bowfisher.I would definately take everything you see on here with a grain of salt. If I was concerned about protecting my assets and so on I would ask a lawyer myself and get the law's and everything in your state. Sorry guys, but I wouldn't want any legal information from a bunch of couch attorneys
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:laugh:op:
op:
Then don't worry about it Couch bowfisher.
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I didn't ask for commercial use. I just asked them what my coverage was and how it worked and they told me all my passengers would be covered in any form of accident. Id say it would be a different story if I told them I was doing it and getting paid for it. I'm looking into some guide insurance.
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Hey Rum stop hogging all the popcornThen don't worry about it Couch bowfisher.
op:
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I wasn't trying to start anything so put the popcorn down boys. lol Hence the winking smiley
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You realize I quoted that section to answer the question tanker asked right? I linked him to the information then copy/pasted the applicable answer to his question, it was in a question format sorry for the confusion. Thanks for the heads up though.
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I screw up my own wet dreams. LolDAMN I was just starting to enjoy myself. Thanks a lot for messing that up. Has anyone told you you could F up a wet dream? lmao O well guess I'll go find some popcorn somewhere else
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Ooops, my bad! I didn't see quote marks so I thought that was still a question! I shoulda scrolled up to see that post was not from the orginal poster. In any case, looks like we are both on the same page.. get that 6pack! (slang for OUPV). I'm still looking for the notes I had on insurance companies that would insure bowfishing guides. I had the links saved to favorites but that was pre-computer crash. I did write down notes though and those are somewhere in this desk (along with the lindberg baby, Jimmy Hoffa and my wife's g-spot... all things I haven't been able to find despite repeated attempts..)
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Haha no harm no foul! Juat wanted to clarify I wasn't the originator of that quoted section so no one got their panties in a wad or made allegatioms of plagarism haha!
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