One of my activities as a nautical expert is to support professional lawyers as an expert witness in civil litigation.
Let us look together at some cases of boat-related disputes that arise very frequently.
When a claim occurs and the boat is covered by a hull policy, it may happen that the claims adjuster estimates a reimbursement that the insured does not consider congruous. In practice, the amount obtained by the insurance company may not be sufficient to repair the damage suffered.
In this case, the shipowner may decide not to accept the figure offered and proceed with a dispute with a counter-expertise.
That is, he will commission a second expert’s report disputing the damage assessment prepared by the expert appointed by the insurance company.
Another frequent situation is when work is commissioned from a shipyard and the result of the work is deemed unacceptable, insufficient or unprofessional.
In this case the shipowner may call in a party expert to specify, detail and clarify its position from a technical point of view.
Another scenario in which my support has been requested is where the boat, purchased without a pre-purchase survey, reveals problems that may have been concealed by the seller. In this case, the buyer may have the possibility of retaliating against the seller.
Another example of a situation where you may need a party’s expert witness is when a boat is rented that has obvious and important anomalies that were not properly reported or promptly repaired by the charter company. These situations can turn a boating holiday into a nightmare, and retaliating against the charter company can help limit the damage.
In my experience, in most cases the dispute is resolved by an amicable agreement between the parties.
In fact, it is common practice and good practice for the adjuster to also play the role of a mediator, who tries to bring the parties closer together. I suggest doing this also because the next step if no agreement is reached is to sue the other party, a much more costly solution in monetary and economic terms.
My registration in the Register of Experts of the Criminal Court of Rome also qualifies me to work on criminal assignments directly conferred by the Judge.
Finally, I also have the possibility of being appointed by the Public Prosecutor’s Office as Technical Consultant.