collision liability

Collision liability in maritime law is determined by the principle of fault. A vessel is responsible for collision damage only if the collision results from a deficiency, negligence, or willful act by its navigators. If a moving vessel collides with a stationary object or another vessel that is properly moored, there's a presumption of fault, and the moving vessel must prove it was not at fault.1

In countries adhering to the 1910 Brussels Convention, the rule of "comparative negligence" applies. If both vessels are at fault, damages are divided proportionally to their respective degrees of fault. However, some countries, like the United States, divide damages equally if both vessels are to blame, regardless of fault degrees. Other nations use "contributory fault," where each party bears their own damages if both are at fault.1

Collision clauses in insurance policies mean an insurer agrees to cover the insured shipowner's legal liability to others for losses resulting from a collision involving the insured ship.2