my 26 westerly rammed by 35 intrepid

[dave c]

Help need advice about handling this situatation. I was sailing my 26 foot westerly in Biscayne Bay heading in to Featherbed Bank when a 35 Intrepid with 3 275 Hp outboards kept heading towards me. I turned away but I was moving at 3.5 kts and he was moving about 45 kts. I was standing shouting and waving and upon impact was thrown from my boat and my 70 year old uncle somehow managed to hold on. We both weren't injured except for some bruises. He stopped and offered to call seatow as his boat was barely scratched and my front chainplate gone and I had lots of fiberglass damage above the waterline. I immediatly called the Coast Guard and they dispatched the FWC who handles boating accidents. When the FWC arrived they took my information first and the went over to his boat. The Intrepid kept a couple of hundred feet away but I could see little damage to his boat. He had about 6 girls in bikinis and 3 guys and told the FWC he couldn't see me. My Mast is 37 feet tall and I had both sails up at the time. The FWC officer told me the accident was his fault and he would get the citation. He also told me he has insurance but I won't get the info till the accident report is finished in about 2 weeks. I would rather not get a lawyer and don't have insurance on my boat. I just want them to fix the damage. How do insurance companies usually handle this I have no experience with them. His boat is worth at least 180000 new and my old westerly probably 12000 but I have lots of equipment for cruising like wind vane steering, solar panel, new sails and standing and running rigging, and wind generator ect. I will try to attach pics to this. Any info would be greatly appriciated. Fair winds and watch out for 35 Intrepids in Biscayne Bay.

[Vasco]

Seeing as you do not have any insurance you will not have an insurance company working on your behalf. In this case I would think you need some legal help.

[SailingwithSoul]

Hi Dave!

Sorry for the accident. I'm glad to hear no one was hurt. My best advice is to get a lawyer and go through his insurance company. See if the lawyer will take a small percentagy of the claim insterad of you haveing to pay them upfront. Did you go to the doctor or hospital? Many times adrenaline prevents us from feeling the effects of an injury. even if you are sore, its something.

From the info you provided, this douche deserves to pay, be sued and lose his boat. I had a near miss not too long ago because some power boater wanted to show off to some girls instead of being a competent captain. I would sue the hell out of him so he learns to keep eyes and his mind where its supposed to be.

[barnakiel]

I would consider suing owners/drivers of the destroyer.

b.

[mangomuffins]

TALK TO A LAWYER!!!!

You should be able to find one with a free consult.

[Dennis.G]

You are at a disadvantage not having your own insurance, as you have no lawyer on your side unless you go hire one. Chances are, however, that with an official report showing fault by other party, their insurance company will likely just pay up. You will want to have an estimate for repair costs from a reputable boat yard ready to provide to them. Forget figuring any DYI costs, get a professional estimate. If looks like they won't pay, get a lawyer.

[speedoo]

I agree with those counseling you to get a lawyer help you not only repair your boat back to 100%, or replace it, but to sue the other boater for a lot of money, depending on what your lawyer comes up with. From your description of events, thAt other boatowner was clearly negligent, and you should be in a strong position to sue.

Not being a lawyer, I can't give you any other advice. But you need to move quickly enough so your legal case can be developed well. You can get some help form the local bar association in terms of finding lawyers to consider. What I would try to do is hire the lawyer to help you get your boat repaired basically at no cost to you, meaning no repair cost or legal fees. But agree to a contingency fee on the law suit settlement, which means you pay nothing to the lawyer but agree to allow the lawyer to take part of the suit settlement money, if any.

[Cheechako]

Just some blithering thoughts: I guess not having insurance is a disadvantage, but on the other hand, you dont have the insurance company requiring you to take a percentage of the blame. Many auto ins companies assign 50/50 or 75/25 blame etc to avoid litigating... you essentially sign away your rights by having them! One thought to keep in mind: it's possible they may total your boat... (I have seen Centaurs for sale for $5000 recently) it could be a good thing as most companies allow you to retain salvage rights.... depending on the repair cost....you might come out great!

[Dennis.G]

A civil suit, if successful, will pay for actual damages. The fact that the other boater was completely an idiot will not get you extra money. All this excitement about suing is silly - pretty much event is just equivalent to a fender bender. If you or anybody on board your boat was injured, another story, otherwise this will likely be settled quickly. A lawyer is always a good idea, but likely not needed unless their insurance company starts claiming less that total responsibility.

[SailingwithSoul]

I would go as hard and vicious as possible after this particular boater. He was blatantly and willfully negligent and incompetent in operating his boat. Putting the lives of his passengers and all those around at risk.

Thank goodness no one was hurt, but now a lesson has to be learned, and that lesson has to be as hard and unpleasant to make sure it never happens again. Otherwise, he just do it again, figuring insurance will protect him.

I know I'm coming off harsh, but this happens every weekend. Just because one is sitting on a few hundred hp, doesn't give them the right to hurt, damage or scare everyone around them.

[Waterway Guide]

Sorry to hear about your collision...thank God you're both OK! You may be able to figure out all your costs to make you whole, and simply make the claim to his insurance company. If they try to counter, don't accept the check. Hopefully you won't need a lawyer for such a small claim (relative to his liability coverage). Good luck, and hope you're back sailing soon.

[speedoo]

Originally Posted by Dennis.G

A civil suit, if successful, will pay for actual damages. The fact that the other boater was completely an idiot will not get you extra money. All this excitement about suing is silly - pretty much event is just equivalent to a fender bender. If you or anybody on board your boat was injured, another story, otherwise this will likely be settled quickly. A lawyer is always a good idea, but likely not needed unless their insurance company starts claiming less that total responsibility.

Maybe you missed what the OP said about bruises.. Bruises constitute an injury situation, in which the other party seems to have been at fault in a very negligent way.. The idea of suing is not silly at all, and your attempt to reduce this incident to a fender bender seems to ignore the facts of the incident.

[Steve W]

Expanding on what Dennis G said, I suspect his insurance company will settile this quickly since there were no injuries and nail the idiot's premiums or non-renew. I would call his insurance company and file a claim asap, so they have a case file created when the accident report shows up.MIght speed things up a bit. Additionally, I'd round up some "before" pics to prove the "after" pics/damage. Surveys, adjusters, etc, take some time, but I bet you have a check in about a month. I would make sure that it is not a final settlement until the yard doing the work has confirmed all the damage and costs, often found after they get into the repair work. Don't be surprised if they total it, but you could buy it back and do the repairs yourself. Just had a vehicle totaled by some fool who ran a red light and the adjuster said they total when repairs reach about 80% of book value. Glad no one was hurt.

[JayCall]

As an attorney, I have to agree with Dennis G on initiating suit, at least in the beginning. To be awarded $$, you have to have measurable damages. From your post, your damages are limited to teh damage to your boat. That said, it may pay you to talk to a maritime attorney, an initial consult should cost nothing or very little, nd he/she can give yo good direction. Insunace companies are pretty ruthless and their goal is to settle the matter for as little as possible. Their adjustor will probably contact you and offer you a settlement on the spot, along with an agreement that will close out your ability to pursue the matter any further. That will, trust me, will, be a lowball offer. Refuse it. They will suggest a repair facility to use to get an estimate. Do not use it initially. If you have a boatyard you trust, take your boat there now, ASAP, and get a detailed written estimate. The standard should be to put your boat back in the condition it was in before the accident. I will guarantee that your estimate will be higher than the first offer and higher than an estimate from an insurance company recommended yard. They will try to tell you you have to use their yard-not true! You have no obligation to do so.

This is the point at which an attorney can be very helpful. You want them to pay your higher estimate and they want to pay the least amount. A good atorney can reconcile that disparity better and more quickly than you can.

Good luck!

[SailingwithSoul]

Originally Posted by JayCall

As an attorney, I have to agree with Dennis G on initiating suit, at least in the beginning. To be awarded $$, you have to have measurable damages. From your post, your damages are limited to teh damage to your boat. That said, it may pay you to talk to a maritime attorney, an initial consult should cost nothing or very little, nd he/she can give yo good direction. Insunace companies are pretty ruthless and their goal is to settle the matter for as little as possible. Their adjustor will probably contact you and offer you a settlement on the spot, along with an agreement that will close out your ability to pursue the matter any further. That will, trust me, will, be a lowball offer. Refuse it. They will suggest a repair facility to use to get an estimate. Do not use it initially. If you have a boatyard you trust, take your boat there now, ASAP, and get a detailed written estimate. The standard should be to put your boat back in the condition it was in before the accident. I will guarantee that your estimate will be higher than the first offer and higher than an estimate from an insurance company recommended yard. They will try to tell you you have to use their yard-not true! You have no obligation to do so.

This is the point at which an attorney can be very helpful. You want them to pay your higher estimate and they want to pay the least amount. A good atorney can reconcile that disparity better and more quickly than you can.

Good luck!

JayCall's advice is spot on. Such good free legal advice is both rare and priceless.

Best of luck and hope it turns out in your best favor.