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Old 11-10-2018, 09:25   #46
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Re: Are you responsible for removing your boat from land from a hurricane?

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Originally Posted by stnick View Post
Most towns treat a boat like a abandon car Ticket it and after 90 days try and get possession than they determine if its a dead boat get a truck and 4 city works with chain saws , cut it up and to the dump !
Last step, just like an abandoned car, is to send the bill to the owner, then file a lien to collect. Just like an an abandoned car......
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Old 11-10-2018, 15:00   #47
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Re: Are you responsible for removing your boat from land from a hurricane?

Is this boat your boat?
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Old 11-10-2018, 15:48   #48
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Are you responsible for removing your boat from land from a hurricane?

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Originally Posted by billknny View Post

If either of those things happen, I'd sue and get a judgement. Not my fault you chose a hobby you can't afford the consequences of. If your insurance takes care of those things, that is good for both of us. If not, it's not my fault.


I donít think you get the point, let me put it a different way.
Last Feb my Son got run over by a hit and run driver, he was in real bad shape for a long time, racked up tremendous medical expenses as he was hospitalized for four months, and his health and well being has been compromised for life.

We can spend months and thousands of dollars and win a judgement against the person who ran him over and left, itís a guaranteed win.
Then we can take that judgement and frame it and hang it on the wall, cause we will never, ever collect anything. The guy is a dirt bag, a dead beat, no job, never has, never will. Drug dealer type living off of successive Baby Mommaís who receive public assistance and give him some.

I donít like it, you donít like it, but itís they way it is, and wanting it to be different isnít going to make it so.

Now I am not equating people who live frugally to the person who ran over my Son, Iím saying you canít get what doesnít exist.

In fact I hold the people who live in cheap boats, and anchor out in pretty high regard, higher than say the ones who live on the public dole.

oh, and itís not their hobby, itís their home.
We have some here where I am now, I see them get up in the morning and go to work, and come home later in the day.
How else can you make ends meet with a fast food or other min wage job?
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Old 11-10-2018, 16:30   #49
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Re: Are you responsible for removing your boat from land from a hurricane?

From an acquaintance who went through this as the property owner in the State of Florida in a home down the street by the Gulf Shores Anchorage. The owner had the right to remove the boat or any part that would further cause damage this his property to only that extent - IE, the boat is in the living room, it could be pulled out into the yard. And must do so to prevent further damage to the vessel using as much care as possible. From there, it is a legal processes. The boat owner is required to remove his property, and if he fails to do so, then there is the legal process to have it removed. In this case, the boat owner gave up title to the property owner so he could have it removed. Property insurance does not cover this.

All of us Florida residents ask is that you clean up your mess and leave it like you found it.
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Old 11-10-2018, 16:33   #50
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Re: Are you responsible for removing your boat from land from a hurricane?

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Originally Posted by Woodland Hills View Post
Last step, just like an abandoned car, is to send the bill to the owner, then file a lien to collect. Just like an an abandoned car......
I do not believe this is the case with a documented vessel. Different animal completely.

In the case of Florida, the last step is the State goes after you pretty heavily. Property owners will have little recourse since they are left with the junk and someone who will never pay on a civil judgement - unless of course it is the State...
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Old 12-10-2018, 06:34   #51
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Re: Are you responsible for removing your boat from land from a hurricane?

That is an interesting question. By the way, I am an attorney. Usually a person is only responsible for damages caused by his/her negligence. So if a boat owner took reasonable precautions to secure the boat and an act of God put it in someone's yard, then there would be no liability. This explains the insurance company denying the claim mentioned earlier.

But that is not the end of the story. There are local laws that do put liability on boat owners for abandonment of their boats, and this raised another risk of liability. Was the boat abandoned? After hurricanes the cost of removal may be paid in part by FEMA and/or local governments.

The earlier writer who said that your insurance should cover you is correct. Just one more reason to have liability insurance. However, note that insurance generally will not pay if you have not complied with all laws. So, if you keep your boat in a city-owned marina that has a local law saying your boat has to be moved in the event of a named-storm, then you may not have coverage.
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Old 12-10-2018, 06:53   #52
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Re: Are you responsible for removing your boat from land from a hurricane?

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Originally Posted by sailorchic34 View Post
You know even I pay taxes. Though not all that much.

So if your house is damaged by a Hurricane, you're saying you would refuse a check from FEMA, for damage not covered by your homeowner's insurance?

What I said is that if I owned a $100,000 car I would be extremely sure that my insurance would cover any damage to it. It would be Reckless of me to assume that someone driving a beater, could afford to fix a hundred thousand car.

The reality is that my pockets are not very deep at all. So if I was on the East Coast and my boat did go aground, then no I would not have money to remove it. Lots of people in that position. Lots of homeowners in that position to.

Mind you if I wasn't East Coast in hurricane season I'd find some place in the mangroves to tie up. But as we all know storm surge is a b****.
I believe that person was just using this as an example! If you had adequate insurance, though you're driving a beater, your coverage would be more than enough to repair that 100K vehicle! It's my view, if you are carrying inadequate insurance you're basically throwing your money away because it really doesn't cover diddly squat! Just my opinion!!
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Old 14-10-2018, 11:50   #53
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Re: Are you responsible for removing your boat from land from a hurricane?

Life comes down to choices...and personal responsibility .

Buying the boat and insuring it. If you cannot get a boat insured, then personal choice to buy it and take a chance, or purchase an insurable vessel. also, personal choice as to which insurance company is chosen.

It is also a personal choice as to where the vessel is moored, or anchored during hurricane season.

Hurricanes can be so horribly destructive in all facets of life. home, business, boats, planes, land, and life itself. All round it is a very difficult situation to deal with, and I feel for the victims of those storms. It hurts the heart to see people lose everything that they have.

But, the individual is responsible for the choices made, and not the govt., or the other people whose boat or property is damaged. The individual should be responsible for removing their boat that has blown up on land, marina docks, roads, or piled up on other boats, or on the roof of building.

Where we are in life, all of us, is due to our personal choices, and we alone are responsible . Not some act of god, buda or a sacred rock, nor abstain from responsibility due the blood and turnip excuse.

frankly, in this day and age, it seems what ever happens, it is in some peoples minds that it it is always someone else's fault or responsibility. It certainly is not theirs.
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Old 14-10-2018, 13:23   #54
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Re: Are you responsible for removing your boat from land from a hurricane?

Lehuedooley77,

I do not doubt the sincerity of your words but as a resident of California I think you have little or no skin in the game.

Better insurance equates to higher coverage and or insurance for the boat value. It will still not obligate the insurance company UNDER the LAW to pay liability if deemed an "Act of god". (I certainly hope you didn't hurt Vishnu and Shiva's feelings ) This is not a choice of the individual.

When a boat slams into a house as a result of storm surge there is obviously
many other issues. How would you differentiate and isolate the value of the damage and if you could would that then excuse the property insurance from paying any damages? The real world applications of these "high ideals " seem not very well thought out.

Best Regards,

Ed W
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Old 14-10-2018, 13:37   #55
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Re: Are you responsible for removing your boat from land from a hurricane?

If my house washes downhill into your backyard in a rainstorm, do I or my insurance company have to pay to have it hauled away?
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Old 14-10-2018, 15:48   #56
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Re: Are you responsible for removing your boat from land from a hurricane?

Ed W.,

As you say, ' With all due respect. '

Below is some of my " Skill in the Game ' as you put it , that you wrote that I do not have.

1964 .I volunteered for the service of my country and served in Okinawa, Japan and Vietnam......went thru two typhoons, which are hurricanes, one in Naha, Okinawa, and one in Iwakuni Japan. ( two different deployments )

Also lived on Kauai island, Hawaii, for ten years before moving back to the mainland three years ago, and prepared for many hurricanes, and one Tsunami.

And, I mean prepared for the worst and hoped for the best. Most every resident treated each warning as if it was going to blow us off the face of the earth. They Remember the dead center hit by Iniki. We depended on no one else for anything, period. And, there was not place to run .

Also, Erica and I, on a 37 foot sailing vessel in Gustavia Harbor, St. Barts, encountered a strong surprise, non forecast, tropical depression, with winds to 64 mph. 74 mph plus is hurricane. ( We intentionally stay clear of the caribbean during hurricane season ). Our choice.

We did not hide down below . call out on the VHF, or complain. We both stayed on anchor watch in the cockpit. The winds and rains so strong that they were blowing the water horizontal thru the air with near zero visibility ( a few feet ). Just the two of us on a well found vessel, total chain and rode 300 feet.. 150 ft each of chain and rode. About 5 feet left in the anchor locker.

We swapped helm duty hourly, with the engine engaged to reduce some of the strain on the ground tackle from about 3 pm in the afternoon, until 3 am in the morning when the wind finally abated to the 25 to 30's. We had not drug. So, we finally secured and got some sleep.

As to where we are in life, we both earned every thing that we have or do not have .

As a Vietnam Vet, while working in high explosives, I used the G.I Bill, and busted my okole to go thru 2 .5 yrs of flight training, private, commercial, milti- engine and flight instructor, and flew professionally for about 38 yrs...the last 17 as an instructor pilot with Air Combat USA for 17 yrs and 2500 missions, 5 and 6 G dogfights.

At roughly the same time, I got interested in sailing, and it took me 5 yrs to earn and acquire the sea time for the USCG License . That was earned on sailing and motor vessels, instructing and charters to gain the 720 days documented time to sit for my U.S.C.G Merchant marine captains license...100 tons, the 5th issue upgraded to 500 tons near coastal.

I had a fantastic life as a sailing and motor vessel Instructor., , charters and deliveries, and flotiala leader in the caribbean and the south pacific. Both those dual careers were concurrent. They both took perseverance , dedication, study, work and experience to attain. I loved em both.

We have sailed, Australia, Tahiti, Tonga, Mexico, the Bahamas, the BVI, the French West Indies, and The Windwards and Grenadines. Plus a motor vessel in Ireland and much of the southern calif coast and channel islands. Plus crew when sailing the Greek Islands.

We are also PADI CERTIFIED, and have dove the Great Barrier Reef and Coral Sea on a live aboard dive boat ( 4 days ). Two different OZ trips. The vessel was the Spirit of Freedom. The actual SCUBA certification was completed over several weeks at a dive school in orange county. California..the Check out dives were at Catalina Island.

We have earned all of the above due to our personal choices in life, and it has been one heck of an adventure . But, when I have screwed up, made mistakes, etc, in life, I have owned up to it...no sniveling...the blame was mine. But, I did not repeat the same mistake again.

However, when I was in the right, I stood up for myself and never backed down. None of that has changed .


By the by, Erica ( my lady of 35 yrs now ) has the same attitude on life. She put her self thru college at UCLA, , masters degree, and then thru medical school ( UCSF) and became an M.D.in public Health, and a few years ago she retired as a supervisor for several different L.A, County health department clinics. We sold or gave everything away and moved to Kauai.

She is also a sailor, been a boat owner, Crealock 37, a private pilot, aeorbatic pilot, skydiver, PADI certified up thru rescue diver, long trek cross country hiker, etc, etc.

At this time we ARE what we have put into life. Our choices.

Because we now live in California, does not mean that we are not highly experienced .
We paid our dues to get where we are and what we have experienced.

We also believe that friendship is precious cargo, and so is thinking of other people, practice situational awarness, and plan ahead for the consequences of our actions.

Life has been and still is an adventure .
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Old 14-10-2018, 16:47   #57
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Re: Are you responsible for removing your boat from land from a hurricane?

Lihuedooley77

I wrote " Skin in the game".
I made no asdumptions of your history or experience but rather implied that you have no boat here where the hurricanes are. Your
Bio, though unwarranted is impressive and commendable. I hope to learn much from you in this forum.
Here in S FL these issues are not simply an internet debate they are an ever looming possible reallity.
Under some opinion I should own no boat unless I can pay out of pocket for a 10 million dollar house or was it 20 million?
Since of course the insurance company will not be legally bound to.

Very Best Regards,

Ed W
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