What would you do??

[GordMay]

Originally Posted by JusDreaming

If you give people the chance to do the right thing, they generally will

I applaud your relaxed casual attitude towards the unfortunate affair.
As you indicated “If you give people the chance to do the right thing ...”, and he did.
Some might (did) counsel a more aggressive assertion of your rights; but your patience and understanding resulted in a much more pleasant (& satisfactory) resolution.
Well done, I say.

[JusDreaming]

Originally Posted by GordMay

I applaud your relaxed casual attitude towards the unfortunate affair.
As you indicated “If you give people the chance to do the right thing ...”, and he did.
Some might (did) counsel a more aggressive assertion of your rights; but your patience and understanding resulted in a much more pleasant (& satisfactory) resolution.
Well done, I say.

I must admit I had already reported the incident to the dockmaster and acquired a copy of his documentation papers, just in case

I too applaude you reasonable approach. I would expect the other person to offer to make it right.
Something else to consider as you say you will probably not fix it.
Consider you are anchored out next month. Someone is climbing out of the water. The ladder breaks loose and they are hurt. Who gets sued? As reasonable as you are about this, the impact to you could be substantial, so make sure you are satisfied that the other person has accepted responsibility for the damage they did.

[Kanani]

Originally Posted by JusDreaming

If you give people the chance to do the right thing, they generally will
This morning he came over and apologized, again, and ask how I wanted to handle it? I had already priced the grab bar (37.50), and figured an hour to replace it. He said will $100.00 be fair? I accepted the money and all is well !!!!!!!!!!!!
And just for the record, as far as damage, we won! The ladder bracket gouged a scratch about 6 ft. long just above the boot stripe. Which is a bummer, as it is a VERY pretty boat and it was commisioned in May of this year!

I would have been truly shocked if he would have done anything else. In all my years, I have never run across a boater that wouldn't have done exactly the same thing.

Obviously, you are feeling guilty about taking the guy's money (or you wouldn't have started this thread). Don't be. Don't feel obligated to fix it either. It's your boat, he damaged. It is his responsibility to make you whole. You can decide to leave your boat in the damaged state or not. That has nothing to do with his responsibility and he knows it.

[charley]

Similar situation not with a boat however.

I bought a brand new Nissan Altima in Aug 97 it was a 98 model. Was still wrapped in plastic when I picked it out. I had it about 2 weeks, when they started redoing the roof on my apartment building. Some worker dropped a huge chunk of roofing on it and scratched it down to the plastic on the bumper. ( they did not ask me to move my car) When I approached the owner of the roofing company to see about getting it fixed he was an absolute ASS about it. I took it down got and estimate from more than one body shop to get it fixed. Needed to be removed sanded down and repainted. He offered to have one of his guys try to buff it out for me. I told him no, it needed to be painted because the scratch went through the paint through the primer and down to the plastic. Long story short he refused to pay for the damage, so I being the resourceful person that I am, had the landlord hold payment for the roof till my car got fixed and filed a complaint with the board of contractors. I also convinced all my contractor friends to not do business with him at all anymore. In the long run what he could have settled for about $350 cost him alot more.

Now if he stepped up and did the right thing, I would have been happy and he would not have lost any work over it.

[Ex-Calif]

If he didn't get a receipt, just wait a few weeks and sue him. You can get mental anguish payments (for your admiral nagging you) and all kinds of stuff. Anyway he's obviously rich - I love America!

OK - I'M JOKING!

Glad he stopped by. Sounds like he is learning about how to handle his nice shiny new boat. These are the costs of his lessons, apparently - :-)

[hugosalt]

If you decide not to change the rail, just check that the impact did not
cause bolts/screws enough stress to cause any leaks. A couple of years ago I noticed my bow pulpit was slightly bent, I could see the impact point. I hadn't hit anything...must have happened during commissioning in the yard "where nothing like that ever happens" or someone hit me while on the mooring. Well no big deal, everything seemed solid and no one would ever notice it ...except me... every time I look foward! Well the point is the next year I discovered a leak, right below where the rail was anchored, that was hidden and ruined a great ash cabinet from the back out. Impact was just enough to cause the leak and not visable loosen.
Now I'm a carpenter.

good luck
Hugo

[David M]

Originally Posted by Joli

Dave, they guy should have been over to Jusdreamings boat as soon as he docked the Valiant. He should be standing on the dock with a cold beer for Jusdreaming, apologizing, and assuring him he will call his insurance man first thing to get the repair taken care of.

We all screw up, no problem, but you gotta make it right.

Jusdreaming should not have to search this fellow out.

Assuming the guys knows he did some damage, but we don't know if he knows he did some damage. So, given we don't know and the wrongdoer has not responded, then the owner of JusDreaming needs to make the next move and in a friendly manner ask the guy to fix it. So many people when they are wronged want to start out on the wrong foot by assuming the wrongdoer is a total A-hole and that the first steps are to call the police, the insurance company, the Harbormaster and the FBI.

My philosophy is to take a more friendly and positive approach initially, and if necessary then start getting nasty if the guy refuses to make good on his wrong. Some in here want to start out with a negative and rather nasty approach, which I totally disagree with. As I said, it is much easier to make enemies than friends and starting out with a nasty approach when wronged is a guaranteed way of making an enemy. It's human nature to respond positively to someone who is being nice as opposed to someone who is not.

[JusDreaming]

"It's human nature to respond positively to someone who is being nice as opposed to someone who is not."
As we say in the south "you catch more flys with honey than with vinegar"!!
And he did know there was damage and yes he apologized and yes he gave me a check!!!!!!!!!!! The nice approach wins again, there is hope for mankind!!!!

[JusDreaming]

Originally Posted by hugosalt

If you decide not to change the rail, just check that the impact did not
cause bolts/screws enough stress to cause any leaks. Impact was just enough to cause the leak and not visable loosen.
Now I'm a carpenter.

good luck
Hugo

thanks Hugo had not thought of that, I will have to rebed or at least check it out!

[David M]

Originally Posted by JusDreaming

"It's human nature to respond positively to someone who is being nice as opposed to someone who is not."
As we say in the south "you catch more flys with honey than with vinegar"!!
And he did know there was damage and yes he apologized and yes he gave me a check!!!!!!!!!!! The nice approach wins again, there is hope for mankind!!!!

That's excellent! I am glad to hear things worked out.

[Charlie]

In September I had to leave Ohana in the hands of a friend when I went to my Aunt's funeral. He anchored my boat at Port Townsend during the wooden boat festival. Another boat weighed anchor and then drifted down on my boat and broke the running lights. The offending boat said something like I was anchored here first -- What that had to do with anything I don't know - and took off. He had more damage to his boat then I had to mine. My friend wrote out a police report and picked up a part for the boat and I replaced it . Cost $45. I reimbursed my friend for the part. I guess I could go after the guy for a hit and run but it isn't worth the agrivation(sp?)

[Joli]

Dave, you seem like the kind of guy that takes care of business. If you touch someones boat with your boat wouldn't you be over as soon as you docked? Wouldn't you want to know if you did any damage, apologize, and make it right? Why should Jusdreaming have to approach the guy that hit him?

I'm glad it worked out for Jusdreaming but the man that hit him should have been over as soon as his dock lines were secure.

Originally Posted by David M

Assuming the guys knows he did some damage, but we don't know if he knows he did some damage. So, given we don't know and the wrongdoer has not responded, then the owner of JusDreaming needs to make the next move and in a friendly manner ask the guy to fix it. So many people when they are wronged want to start out on the wrong foot by assuming the wrongdoer is a total A-hole and that the first steps are to call the police, the insurance company, the Harbormaster and the FBI.

My philosophy is to take a more friendly and positive approach initially, and if necessary then start getting nasty if the guy refuses to make good on his wrong. Some in here want to start out with a negative and rather nasty approach, which I totally disagree with. As I said, it is much easier to make enemies than friends and starting out with a nasty approach when wronged is a guaranteed way of making an enemy. It's human nature to respond positively to someone who is being nice as opposed to someone who is not.

[David M]

Originally Posted by Joli

Dave, you seem like the kind of guy that takes care of business. If you touch someones boat with your boat wouldn't you be over as soon as you docked? Wouldn't you want to know if you did any damage, apologize, and make it right? Why should Jusdreaming have to approach the guy that hit him?

I'm glad it worked out for Jusdreaming but the man that hit him should have been over as soon as his dock lines were secure.

I am the type of person who would be over there apologizing profusely and offering to take care of things ASAP. I though am a different person and therefore have a different personality and a different way of remediating problems. Just because the wrongdoers style and my style are different does not mean that JusDreamings owner immediately needs to jump down the guys throat (which of course he did not) without first giving him the benefit of the doubt (which he did). Different strokes for different folk..and that does not necessarily mean that one is wrong and the other is right.

[mikereed100]

Reminds me of when I drove my Seabird Yawl over the transom of a beautifull Lapworth 30 in the marina. The impact ripped the Lapworth's pushpit from the deck and my bobstay carved a 2" deep groove in the meticulously varnished taffrail. The owner, a liveaboard, was not on board so I left a note and tracked him down later that evening. He invited me aboard and gave me a beer. He admitted that he had gone batshit when he saw the damage but had been happy to see the note and had not come to see me as he had decided to have his insurance company cover it so he could get a haulout out of it. So my neighbor got a free haulout and I got a free beer.
The moral is that if any of you should ever be minding your own business when I drive my boat over your transom, please understand that I am just thirsty.

Mike