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boat damage

4K views 22 replies 14 participants last post by  HPLou 
#1 ·
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
 
#3 ·
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:mad: , 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.
 
#5 ·
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.
 
#6 ·
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.
 
#8 ·
I don't see where kids4sale's insurance is relavant.



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.
 
#7 ·
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.
 
#13 ·
I agree that everyone should have insurance, but the guys boat was damaged and having insurance or not having insurance has nothing to do with it. The boat owner that caused the damage has to take care of it either out of his own pocket or his insurance companies pocket. No ifs, ands or buts.
 
#14 ·
Not trying to jump-in on the topic but this raises a question I have been thinking about today. So If I were at a marina and I was seeing a really nice boat beat the crap out of a pilling during a storm or in high winds should just go onboard tie the lines tighter? I have done this a lot and for the most part no one even knows about it. The few times that I had the opportunity to let the person or marina know what I have done everyone seems very happy. I just wonder if I were to do this the next time high winds or a storm comes up and said boat for whatever reason breaks free later or damages another boat if I could get sued? I never thought about it I know how to secure a boat but I wonder? Good Samaritan law ? Just two days ago I retied up a boat that I know would have 1000s of dollars in damages to it. It was a million dollar boat. The owner I found out is down in FL. The guys here thanked me then they moved me from the outside row furthest from the bathroom to a slip right next to the bathroom/shower and now I have wifi. So I guess they were appreciative. Oh and was it rude of me to post this on this? Or should have I made a new thread? Still learning. Thanks Dan
 
#19 ·
Garrfin



Dan,

You did the right thing. PLEASE keep it up! I gotta go, but I am sure that the others will chime in as to why.
 
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