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Old 17-12-2005, 15:33   #16
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Jentine's Avatar

Join Date: May 2004
Location: Cruising on the hook
Boat: Beneteau 393, "Blackthorn"
Posts: 744
Images: 5
Who cares if the other guy is upset?

The main question I have is "what was the condition of the other vessel before the incident?" Was the sprit previously damaged and you happened to bump into him? Was he waiting for a sucker to come along before he had to fix it himself? The first thing I would do is to ask around the yard as to when he first inquired as the the cost of repair. He may have asked several weeks or months prior to the accident. I would also inquire of other repair facilities as to what would be a fair cost of repair. I would also find out who did the work and how much experience he has had. Investigate what work was done and ascertain if the repair was only on the alleged damage. Then.................................
Don't do anything. Let him sue you for the damages. He will have to prove the bill to a judge and provide proper documentation. You can gain access to all his information during the discovery process. Since the amount is small, it will probably be handled by the Small Claims Session of the local Distric Court.
Chances are reasonable that when the court finds against you, it will be for a sum considerably less than the $2600. At that time, you can pay the bill. You may be able to reach an agreed settlement based on the difference between the original $1000 and the final $2600.
Don't give in so easily.


We are what we repeatedly do.
Excellence, therefore, is not an act but a habit."
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