my boat got hit how to proceed? - SailNet Community

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  #1  
Old 10-09-2010
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my boat got hit how to proceed?

Not sure where this post belongs. A week ago I heard some 70 mph gusts were forecast. I rowed out in my dingy at 2am in a mirror flat, eerie, calm before the storm setting. I tied three extra thick nylon lines onto the moor and got her ready for the blow. I left as I had stuff I had to do and got a call the next day saying that a 40' C&C had broke loose across the channel and its rudder snagged my mooring lines. The boats banged togethor in the storm for an unkown period of time until the harbor master saw the situation and cut my mooring lines and towed both boats to a yacht club I am not a member of.

I had just purchased the boat and didn't even get a chance to register it as I was applying for slips all around CT and NJ. The bow rail is loose, a stanchion severely bent, lifeline snapped, bow cleat loose, red topside paintseverely scratched up and I can see light coming through the bow when I look in the anchor locker. The harbor master put my boat on a gas dock at the yacht club the previous owner had used. Our deal was I could keep it on the moor through Nov 1st till I could arrange a winter slip. The owner of the other boat has been somewhat flaky. Again I didn't even register it as I just bought it the DMV is closed till Tue. What would be the best way to go about getting reperations from the offending boat? Can't file any reports till the dmv opens on tuesday. Anyway anybody have this happen before? Am concerned about the structural integrity or my rig as that boat was twice the weight of mine.
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Old 10-09-2010
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Do you have insurance on the new boat? If so, you might contact your insurance agent and let them sort it out.
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Old 10-09-2010
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Again just bought the boat have liability up to 300,000 but understand thsat is just if I hit another boat. Was going to upgrade my insurance when I found a slip for it and surveyed how much would be prudent. I think his insurance may be the responsible party but I just bought it so no registration no police report the dmv is on vacation till tuesday?
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Old 10-09-2010
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Not sure why you need to register it before filing a report.

If you just bought a used car and had an accident on the way home, do you think the police wouldn't want to talk to you?
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What does the DMV have to do with a police report? Call the harbor master and get his report of the incident and proceed with your insurance company.
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Old 10-10-2010
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It sounds like you may have third party insurance ie other people are insured against you not you against them. $300,000 ain't enough if you say started a fire in a marina.
I am not a lawyer or a marine law specialist. While it sounds like you should have a claim I met a guy who was in a similiar situation. His lawyer advised him he had no claim unless maritime law was to be rewritten. I guess it may be something like something floating around hitting you be it a log or a boat is stiff ..... Dunno the law is a funny beast designed to part people from their money while maintaining the pretense of justice.
On the other hand the damage is minor apart from the paint. My advice would be to negotiate a deal assuming you are not covered. May cost you money but save you heaps.
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Old 10-10-2010
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Wow.. Really sorry to hear about your ordeal.

What state did this take place in?

I do not think registration would have that much to do with your situation.
As TopDog said, get a report as quickly as possible and call your insurance company. The insurance company would not have covered you if you did not have the required prerequisites to file a claim, so you should be good to go.

I am curious if someone better versed in marine legalese can describe who is responsible when a collision resulted from acts of nature and not the all too common drunken buffoon not paying attention.
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Old 10-10-2010
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Get a yard or surveyor to provide an estimate of the cost for repairs. You are going to need that whether you are able to pursue insurance or the C&C's owner directly. Not having it will just cause everyone to sit on their hands, until you even know what you need to fix it. It sounds like you are in the NYC metro area by the location of slips you were researching. If so, yards are most likely going to be busy hauling for the winter. I would try to get hauled out by the yard you expect to do the repairs, which may motivate them to do the estimate as well as secure a spot on the hard. No point wintering in the water, as you suggest, if you end up hauled out for hull repairs/paint anyway.

Be sure to record the name and contact numbers of the witness that towed you away. A police report is the best way to document the loss. It will unfortunately, take a very long time to sort out.
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Old 10-10-2010
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Every day you wait is a strike against you in the laws/courts eyes if it comes to that....you have waited to long already.
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Quote:
Originally Posted by newcruiserP10M View Post
Was going to upgrade my insurance when I found a slip for it and surveyed how much would be prudent.
We had each of our boats insured for the value of our investment before we even took possession of them.

Jim
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