boat damage

Kids4sail · #1 (**permalink**) 11-24-2009

How do I handle this? My H23 was damaged when the C22 next to me in the marina broke free during some heavy wind. I just bought the boat a week before and had not a chance to get insurance. The watercraft officer made a report and said it was due to the high wind storm we had. He gave me the report with the other owners info. I have tried to call the owner of the c22 and he is avoiding me. I got $1000.00 of damage and I think the other boat owner should pay with his insurance or out of his pocket. Am I right? Do I have a legal right to make him pay?

Thanks
Kris

deniseO30 · #2 (**permalink**) 11-24-2009

Either way you didn't have insur. . Won't hurt to try and shame the other owner into paying.

eherlihy · #3 (**permalink**) 11-24-2009

Find out from the marina who the other guy's insurance company is. File a claim directly with them for the damage to your boat . Get pix and statements from the marina staff to support your claim.

After the claim is rejected

, file suit in small claims court directly against the other owner (He was negligent in not securing his boat). After you win, his insurance will then pay the claim.

ronspiker · #4 (**permalink**) 11-24-2009

eherlihy is exactly right on how to proceed. Small claims is easy to do. you don't need a lawyer, filing is not bad about $50 or so. All you need is documentation, the water craft officers report and any photos.

sailingdog · #5 (**permalink**) 11-25-2009

Eherlihy has given you good information. If the watercraft officer's report and the statements from the marina staff and photos clearly show that your boat was damaged due to his boat breaking free, his insurance company is pretty likely to not fight the claim, and you may not even have to resort to small claims court.

KeelHaulin · #6 (**permalink**) 11-25-2009

You might get the run-around since you don't have your own insurance; but since his boat broke free it's pretty much his responsibility to pay for your damages. If he carries no insurance you will have to sue. Sounds like a simple case but small claims court can be a PITA to go through the process of filing. You should have a surveyor do an in-water inspection/estimate if you go that route; and put the cost of the survey in the claim. If you pick up insurance now you might be able to get an estimator to assess the (prior) damage for free; just make sure that they don't assume you are making a claim on your new policy.

chris31519 · #7 (**permalink**) 11-28-2009

I had a similar experience. During a bad thunderstorm a 19' cat (that was on land) took to the air and landed on my boat. Wrecked the mast and rigging totally. I lost the case and had to pay it all myself. Court decided that the storm was a freak of nature and that in such instances there is no liability. This is Austrian law, you may have better luck elsewhere. Also it might have been different if the cat was on water. I thought it was simple, but apparently not.

pdqaltair · #8 (**permalink**) 11-28-2009

Quote:

Originally Posted by KeelHaulin

You might get the run-around since you don't have your own insurance; but since his boat broke free it's pretty much his responsibility to pay for your damages. If he carries no insurance you will have to sue. Sounds like a simple case but small claims court can be a PITA to go through the process of filing. You should have a surveyor do an in-water inspection/estimate if you go that route; and put the cost of the survey in the claim. If you pick up insurance now you might be able to get an estimator to assess the (prior) damage for free; just make sure that they don't assume you are making a claim on your new policy.

He didn't do any damage. It was not a named storm or "freak of nature." It was ordinary seasonal weather. The damaging boat was poorly secured.

It is a good idea to run a line between the pilings separating the boats: it is a docking aid, and it can keep boats apart during such occurrences. Such lines have saved me from run aways 2x over the years, though it would not have worked in very strong conditions. It might still have helped, though.

But get insurance, fast! Normally a call to the agent BEFORE closing will secure temporary coverage, generally several weeks.

eherlihy · #9 (**permalink**) 11-28-2009

Quote:

Originally Posted by KeelHaulin

You might get the run-around since you don't have your own insurance; but since his boat broke free it's pretty much his responsibility to pay for your damages.

Might?!? I can pretty much guarantee that he will get a run around from the other guy, and his insurance company. Because an insurance company vs an individual is an unequal fight, they're going to jerk you around.

If you had insurance, you could file a claim with your insurance company, and they would go after the other guy, and/or his insurance company. Because an insurance company vs an insurance company is an equal fight, they'll pay. (I am surprised that a marina would allow you to get a slip without insurance.)

You NEED to get pictures, and statements from the marina personnel to back your claim. Your claim is against the other owner for being irresponsible in not properly securing his boat. He pays insurance premiums to mitigate his financial responsibility in the event of a loss. He and his insurance company will not willingly shell out cash for the damage that his boat did to your boat. Thus, you will get the runaround. Therefore, you will likely have to go to small claims court.

But you gotta go through the motions, and give both of them a chance to take responsibility.

pdqaltair · #10 (**permalink**) 11-28-2009

Quote:

Originally Posted by eherlihy

Might?!? I can pretty much guarantee that he will get a run around from the other guy, and his insurance company. Because an insurance company vs an individual is an unequal fight, they're going to jerk you around.

If you had insurance, you could file a claim with your insurance company, and they would go after the other guy, and/or his insurance company. Because an insurance company vs an insurance company is an equal fight, they'll pay. (I am surprised that a marina would allow you to get a slip without insurance.)

You NEED to get pictures, and statements from the marina personnel to back your claim. Your claim is against the other owner for being irresponsible in not properly securing his boat. He pays insurance premiums to mitigate his financial responsibility in the event of a loss. He and his insurance company will not willingly shell out cash for the damage that his boat did to your boat. Thus, you will get the runaround. Therefore, you will likely have to go to small claims court.

But you gotta go through the motions, and give both of them a chance to take responsibility.

In my case, this would be well below my deductible.