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Go Back   SailNet Community > General Interest > General Discussion (sailing related) > Do I Report Getting Hit (bumped) By Boat?
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Thread: Do I Report Getting Hit (bumped) By Boat? Reply to Thread
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Topic Review (Newest First)
07-03-2013 08:56 PM
rgscpat
Re: Do I Report Getting Hit (bumped) By Boat?

Assume you are in SoCal. A boating accident with damage greater than $500 (or serious injury, death, disappearance) is required by California law to be reported. It's very possible that a judge, in addition to assessing a fine, might require the reckless boater to take a boating safety education class. It is a violation of the law for the owner (the other party may report the accident) to not report this accident (property damage over $500) within ten (10) days.

From http://www.dbw.ca.gov/PDF/AccidentForms/BAR.pdf http://www.dbw.ca.gov/PDF/AccidentForms/BAR.pdf
"Failure to submit this report as required is a misdemeanor and is punishable by a fine not to exceed $1000 or imprisonment not to exceed 6 months or both."



When and How to Report a Boating Accident

WHEN?

Boating accident statistics are compiled under a state law requiring a boater who is involved in an accident to file a written accident report with the Division of Boating and Waterways (DBW) in the case of:

Death, disappearance or injury requiring medical attention beyond first aid
Damage to a vessel or other property exceeding $500; or
Complete loss of a vessel, regardless of value
Reports must be submitted to DBW within 48 hours of an accident that involves:

Death occurring within 24 hours of the accident
Disappearance of a person
Injury beyond first aid
Reports must be submitted within 10 days of an accident that involves:

A person who dies more than 24 hours after an accident occurs
Only property damage to vessels or property exceeding $500, or there is a complete loss of a vessel
HOW?

The operator, owner, or, if neither are able, other party involved in an accident that fits one of the above criteria should complete a boating accident report (Form BAR-1)

Reports should be signed and mailed, or faxed to:

California Division of Boating and Waterways
Attn: Boating Accident Unit
One Capitol Mall, Suite 410
Sacramento, CA 95814
Fax: (916) 327-1848

When submitting reports by mail, keep a copy for your records.

PURPOSE

DBW collects and analyzes boating accident reports to develop safety strategies and make recommendations in the interest of reducing boating accidents, injuries and fatalities on California’s waterways.

Information contained in the reports is confidential and may not be used in prosecuting any violations which may have occurred, nor in civil litigation of any kind.

For more information, please contact Amy Rigby at (916) 327-1848 or Johanna Naughton at (916) 327-1826.
07-03-2013 08:06 PM
miatapaul
Re: Do I Report Getting Hit (bumped) By Boat?

I would call in a professional and get an estimate for the full cost of repairs. Then approach the motor boater politely, and explain that you don't think it is that big of a deal, and ask him to pay for the damage he caused. If he refuses, ask for his insurance information and contact them. If he refuses to give the insurance info, then contact the marina management and police. I would also file whatever kind of report you can (depends on location as to who will take the report) if he does not pay you directly. If he pays directly unless you are under obligation then I would not bother.

But until you have an estimate then you don't even know how much money is involved. The professional may say oh that rub rail will all have to come off and be replaced at 4,000 plus 25 hours of labor, or he may say it is an hour of time and $20 in materials (unlikely). But when you get the estimate make sure you explain to them that you are planing on the other guys insurance paying. Not that they should pad the estimate, but if you know him, save any favors for when it is on your dime!

One other thing to keep in mind is you may only have a certain amount of time to report the incident so don't delay.
07-03-2013 07:49 PM
Philzy3985
Re: Do I Report Getting Hit (bumped) By Boat?

Just to be clear. The Ericson is tied to the dock beside me. and t he Ericson never touched my boat. The Bayliner ran into his stern, and then I believe pushed and pushed, in gear with the throttle open, and slid between the Ericson and the dock, therefore his bow nicked my boat - Or someone like the harbor patrol put the mark on my boat while coming to pull the Ericson and the Bayliner apart.
07-03-2013 05:01 PM
poopdeckpappy
Re: Do I Report Getting Hit (bumped) By Boat?

We had a guy paint his mast & boom in the slip with a spray unit, he over sprayed 4 other boats, those owners contacted the owner that did the painting and told him of the over spray, he in turn called his insurance and they covered all the damages.

So, I would tell the owner of the Ericson of the damages to your boat so he can let the insurance company know and they should take care of it. right now it all on the power boater to get all damages fixed.

That is if he has insurance
07-03-2013 04:27 PM
Philzy3985
Re: Do I Report Getting Hit (bumped) By Boat?

Quote:
Originally Posted by tommays View Post
It is still a bit confusing as there was seemingly no direct contact between the powerboat and your boat

Did the Ericson 28 strike your boat Or did it push the dock into it while being pushed by the powerboat


The Ericson to my starboard never hit me. It must have been the bow of the Bayliner (swinging around) during the accident or during the act of being pulled away by harbor patrol. I have an exterior mounted outboard above my stern rail and it doesn't look like it was damaged, but it was definitely moved around on the swivel - Likely when the boat was being pulled away then needed leverage or something.

Thanks for the information and opinions everyone. I would like for someone else to pay to haul-out and repaint the transom of my boat but I don't think it's going to happen.

Have not made up my mind yet what to do.
07-03-2013 03:22 PM
Harborless
Re: Do I Report Getting Hit (bumped) By Boat?

File a claim- these power boaters man- File a claim and make him sell his boat or actually read a Chapmans. Geez.
07-03-2013 03:19 PM
BubbleheadMd
Re: Do I Report Getting Hit (bumped) By Boat?

I'd file a police report, but not an insurance claim.

The police report is to punish the Bay-tard that can't seem to control his vessel. I would file it in my personal papers for later use.

I would NOT file an insurance claim for scuffs that would buff out.
Filing claims for every tiny scuff is a sure way to drive up your, and everyone else's premiums. Crying "wolf!" over every little scuff is one way to get your policy canceled, or perhaps for your insurance provider to start looking for loopholes to avoid paying out when you have REAL damage.

Save your ammo for real damage, but have the maritime authorities in your areas document the event, and hopefully fine him.
07-03-2013 03:18 PM
tommays
Re: Do I Report Getting Hit (bumped) By Boat?

It is still a bit confusing as there was seemingly no direct contact between the powerboat and your boat

Did the Ericson 28 strike your boat Or did it push the dock into it while being pushed by the powerboat

At least here the normal police take the report except there is a different form and the no-fault laws do not seem to apply in the same way

When the Cal 29 was hit I had to find the correct police department

really it depended on which land my mooring was and the Northport police could not take the report as the mooring land was considered part of Centerport SO the Suffolk police had to take it

And then his insurance covered it with no deductible and no involvement on my insurance company's part


don't even get me started about how much trouble it was to get and estimate and never mind they don't do most hull gelcoat repairs in the water
07-03-2013 03:16 PM
johnnyquest37
Re: Do I Report Getting Hit (bumped) By Boat?

My bad...

Insurance claim - gelcoat can cost a lot if you have it fixed, vice fixing it yourself. Get an estimate and then make the decision.
07-03-2013 03:03 PM
caberg
Re: Do I Report Getting Hit (bumped) By Boat?

I'm sure the accident has been reported given the damage to the Ericson. I think the question is, does the OP go through the hassle of making a claim for his relatively minor cosmetic damage.

I guess that partly depends on the overall condition of the boat. Personally, if I sustain a small scratch to my gelcoat, I'm not going to bother with an insurance claim, but that's just me and my boat.
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