What Injuries Does Cruise Ship Insurance Have to Cover?
The cruising industry is bigger than ever, and millions of people go cruising each year. While cruise ships can be fun, the ocean may be dangerous and unpredictable. Cruise lines must have insurance, and injured passengers or crew members should expect certain coverage in case of accidents.
Cruise lines must have insurance to cover both injured passengers and crew members. When passengers are injured, they can expect insurance to cover injuries on the ship and on shore excursions. Injured crew members should also expect coverage, but their claims are governed by maritime law, specifically the Jones Act. Do not attempt to claim compensation from a cruise line without help from an attorney.
Contact our cruise ship injury and accident lawyers for a free, private legal analysis by calling Rivkind Margulies & Rivkind at (305) 204-5369.
What Kind of Insurance Covers Cruise Ship Accidents and Injuries?
First, our cruise ship injury and accident lawyers should file a claim with the insurance maintained by the cruise line. Second, you may consider filing a claim with personal insurance, such as travel insurance designed to cover incidents that occur during your cruise.
While the cruise line’s insurance should cover things like medical costs for injuries, your travel insurance may help cover the costs of missed flights or lost property, depending on the policy terms.
What Must a Cruise Line’s Maritime Insurance Cover?
Cruise lines must carry insurance in case of accidents involving passengers or crew members. This maritime insurance should cover medical needs for injuries, along with other accident-related costs.
Passenger Injuries
When passengers are injured, the cruise line should have protection and indemnity (P&I) insurance to cover the costs. Ideally, your medical care, property damage, and even pain and suffering that result directly from the cruise line’s negligence should be covered. Exactly how much coverage is at stake depends on the nature of the accident and your injuries.
Crew Member Injuries
When crew members are injured, their claims fall under maritime law, specifically the Jones Act. Under maritime law, the cruise ship must provide “maintenance and cure” for crew members. This includes basic living necessities like food, lodging, and utilities (i.e., maintenance) and the cost of treatment for injuries resulting from the cruise line’s negligence (i.e., cure).
Shore Excursion Accidents
Additionally, cruise ships generally must cover injuries that occur on the ship and during shore excursions arranged through the cruise line. For example, if a cruise passenger booked a walking tour at a port of call through the cruise line and was injured on the tour, the costs of treatment and other damages should be covered by the cruise line’s insurance.
What Does Cruise Ship Insurance Not Cover?
While cruise ship insurance may cover many damages after an accident, certain claims are likely off limits.
Lost or Stolen Personal Items
Generally, when a passenger loses track of personal items or discovers that items have been stolen, the cruise ship’s insurance does not cover the cost of replacing the missing property. For example, if you lost your cell phone while on board a cruise ship, the cruise ship’s insurance will not pay for a new phone.
Trip Cancellation
If a passenger must suddenly cancel their cruise for reasons that have nothing to do with the cruise line, the cost of the trip might not be covered. Check the terms of your ticket. It may be possible to get a partial or full refund under certain circumstances. However, last-minute cancellations are often non-refundable, and the cruise ship’s insurance will likely not cover the costs.
Missed or Canceled Flights
Many people must book flights to reach the port where their cruise departs. If you miss a flight or a flight is delayed or canceled, causing you to miss the cruise ship’s departure time, the cost of transportation is likely not covered by the cruise ship’s insurance.
What if Your Claim with the Cruise Ship’s Insurance is Denied?
If your claim is denied, you can sue the cruise line. However, lawsuits may be restricted by the terms of your cruise ticket. The ticket is a contract, and it may come with strings attached to a potential lawsuit. For example, you may have a limited time in which to bring your claim, and you might have to go through mediation or arbitration first.
How to Prove the Cruise Ship’s Negligence as an Injured Passenger
Injured passengers must prove that their claims are the result of the cruise line’s negligence. Passengers must prove negligence under typical common law. They must show the cruise line owed a duty of care, violated this duty, and that the violation is the direct cause of their injuries and damages.
Cruise lines are common carriers, and they legally have a high degree of responsibility for passengers. As such, many accidents on board a ship are likely covered by the cruise ship’s insurance.
How to Prove the Cruise Ship’s Negligence as an Injured Crew Member
Under the Jones Act, injured crew members may prove negligence by “featherweight causation.” This is a much lower standard of proof. An injured crew member needs only to prove that the cruise line played a slight part in the accident. Even if the cruise line’s negligent contribution to the accident is minor, it may be held liable and made to cover the crew member’s damages.
What if a Cruise Line is Unaware of Dangerous Conditions on Board a Ship?
Cruise lines must be shown to have had actual or constructive notice of dangerous conditions to be held responsible for passenger injuries.
For example, if a passenger was injured by an electric shock from an outlet in their cabin, they must show that the cruise line knew about the faulty wiring. They might have documented reports of the faulty wiring, or the wiring may have been a problem for so long that the cruise line should have known.
How to Begin an Insurance Claim After Being Injured on a Cruise Ship
Check the terms of your ticket. Is there a notice requirement? After an accident, many cruise lines require that injured passengers seeking damages must file a formal written notice of their claim with the cruise line by a specific date. For example, many cruise lines require passengers to submit a formal notice of their injury and claim within 6 months of the accident.
Does Cruise Ship Insurance Cover Accidents Caused by Bad Weather?
Yes and no. If the accident occurred because the cruise line took inadequate safety precautions in the face of bad weather, their insurance may cover your injuries.
However, cruise lines cannot be expected to control the weather. If a bad storm suddenly appears and the ship rocks so hard that you fall and break your arm, the cruise line might not be held liable unless you can show they somehow failed to take necessary safety precautions.
Speak to Our Cruise Ship Injury and Accident Lawyers About Your Claims
Contact our cruise ship injury and accident lawyers for a free, private legal analysis by calling Rivkind Margulies & Rivkind at (305) 204-5369.
