RUN OVER !

[xymotic]

Originally Posted by cat man do

Insurance will not pay for damages done while operating a vehicle/vessel while drunk.

Not entirely sure about this. The Victim doesn't care what the relationship is between the insurance and the other owner. The victim will sue, and let the other two fight it out but in general I think the ins. company will have ahard time walking away from the victim. They will have to sue their insured to recover the loss.

There's no point in Liability insurance otherwise.

[Aussie Sealady]

My experience with insurance companies is that they find loopholes in anything.

2 examples.
1: A friend had a neighbours tree fall through his house during a bad storm. Neither insurance covered it.
2: I had an office which I vacated and with the landlords permission left furniture and fittings in case the new tenant wanted to buy it from me. New tenant moved in when landlord was away, communications got crossed and they destroyed, threw out and/or claimed all my stuff. No come back and insurance refused to pay. No break in. The new tenants had a right to be there and keys. Same goes for your house, and I presume boat. If anything is not locked and/or the theif did not break in then no insurance.

I reaslise both of these are dry land. But.........

Lucky you are ok and no one was hurt.

More examples: Flood damage in Qld?
I am sure we can think of heaps.
My favourite maritime insurance movie is the Billy Connelly fim "Act of God" I think it was.

[Me-and-Boo]

Originally Posted by sparklegirl50

28 meter power cat vs. 38 ft. sailing cat -

NZ capt. says he lost power; his port bow ran up on our port bow.

Gets better - he is apparently so frickin' rich that he does not need insurance. I guess if his boat sinks, the Cayman Islands Corp. to which the boat is registered will just buy him a new one.

Don't know about damage yet - we will have to have someone check it out for us.

picture is of power cat backing down off of us. hope the link works.

Perhaps you now own a 28m power cat to sell to cover your damages.

[David_Old_Jersey]

Ouch!

Originally Posted by sparklegirl50

Gets better - he is apparently so frickin' rich that he does not need insurance.

That's his problem, not yours. But simply having a big boat and Reg Offshore doesn't mean "rich" - could be flat broke (hence no insurance). Loads of Assets - even more Debt..........no cash.

Don't know about damage yet - we will have to have someone check it out for us.

Get in touch with your insurance company ASAP and read your own policy (if not done so already ).....might have some form of legal cover.

With a bit of luck the rich guy will simply write a cheque, class would be adding a crate of Champagne

[psneeld]

Originally Posted by cat man do

Insurance will not pay for damages done while operating a vehicle/vessel while drunk.

Not true in the US...driving while intoxicated accidents are covered all the time....you will probably be dropped immediately but they cover you the first time...it's even stated clearly right on my declarations page.

PLUS...just because someone SAYS they were drunk when entering the marina doesn't mean it so.. PLUS in a maritime investigation...it might be rather hard to prove based on how long it may take the officials to investigate.

[Sailagain]

Originally Posted by Aussie Sealady

My experience with insurance companies is that they find loopholes in anything.

2 examples.
1: A friend had a neighbours tree fall through his house during a bad storm. Neither insurance covered it.
2: I had an office which I vacated and with the landlords permission left furniture and fittings in case the new tenant wanted to buy it from me. New tenant moved in when landlord was away, communications got crossed and they destroyed, threw out and/or claimed all my stuff. No come back and insurance refused to pay. No break in. The new tenants had a right to be there and keys. Same goes for your house, and I presume boat. If anything is not locked and/or the theif did not break in then no insurance.

I reaslise both of these are dry land. But.........

Lucky you are ok and no one was hurt.

More examples: Flood damage in Qld?
I am sure we can think of heaps.
My favourite maritime insurance movie is the Billy Connelly fim "Act of God" I think it was.

You are not right on point number two. You left your stuff - essentially abandoned it in the eyes of the law. Unless you had a written deal with your landlord saying "he would be responsible for your stuff" then you are SOL.

Watch the people's court a couple of times - you can learn the basics of contracts, leasing, and property bailments.

If you DID have such a written agreement with your landlord - then sue him and you will win!

[Chief Engineer]

Why didn't you call the Baltimore City Marine unit. They have primary jurisdiction in the Harbor.

[sparklegirl50]

I put a picture on my albums page, if the link did not work for you. Unfortunately in the heat of the moment, we did not get a pic of the boat actually sitting on top of us.

[sparklegirl50]

Originally Posted by David_Old_Jersey

Ouch!



That's his problem, not yours. But simply having a big boat and Reg Offshore doesn't mean "rich" - could be flat broke (hence no insurance). Loads of Assets - even more Debt..........no cash.




Get in touch with your insurance company ASAP and read your own policy (if not done so already ).....might have some form of legal cover.

With a bit of luck the rich guy will simply write a cheque, class would be adding a crate of Champagne

We alerted the insurance company right away. Now, after the fact, we are questioning the guy's claim that he does not have insurance. After all, it's a requirement at the marina. We plan to talk to the office today, since the guy has already left for warmer climes.

[boatman61]

Sheesh..... they let him walk...
When I got rammed off Salcombe, the harbourmasters along the coast were alerted and the French boat was held until everything had been sorted satisfactoryly...
Thats well lax.....

[Chief Engineer]

If he has left the Marina, you are probably going to be hard pressed to get any thing. I have been "stiffed" by two "Canadian Yachts"......It took me months of searching to track them down in the Carribean......Finally got paid.

[Chief Engineer]

Are the Cayman Islands a "monkey flag" nation?

[sparklegirl50]

Originally Posted by boatman61

Sheesh..... they let him walk...
When I got rammed off Salcombe, the harbourmasters along the coast were alerted and the French boat was held until everything had been sorted satisfactoryly...
Thats well lax.....

Yes, but he is a regular customer here at the marina. We WILL get it sorted out one way or another.

[bobofthenorth]

I'm no insurance lawyer but my understanding is that boat #2 insurance would pay the policy holder and then the company would sue the insurer for boat #1 who would deny liability because the policy holder was drunk. That would mean that the suit would flow through to the owner of boat #1.

But don't take my word for it - check your policy. The favorite words out of the mouth of an insurance company after the fact are "you're not covered for that". Of course they never get around to mentioning that before they cash your cheque.

[sparklegirl50]

Originally Posted by bobofthenorth

I'm no insurance lawyer but my understanding is that boat #2 insurance would pay the policy holder and then the company would sue the insurer for boat #1 who would deny liability because the policy holder was drunk. That would mean that the suit would flow through to the owner of boat #1.

But don't take my word for it - check your policy. The favorite words out of the mouth of an insurance company after the fact are "you're not covered for that". Of course they never get around to mentioning that before they cash your cheque.

Just to be clear, I have never said or implied that he was drunk. He says he lost power, no way to prove otherwise. He was pretty well raked over the coals by both DNR (whom we did not call, but he heard us trying to hail the other captain on the radio) and the Coast Guard. He is pissed that we did not "settle" this "between ourselves", but he obviously is not familiar with the mind-set of Americans, who like to sue, sue, sue over anything at all! You are not in Oz anymore, mate.