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Old 27-10-2011, 08:17   #31
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Re: RUN OVER !

Great he will be in Solomons probably today and I'm on a "T".....

Steve in Solomons MD
Lagoon 410SE
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Old 27-10-2011, 08:59   #32
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Re: RUN OVER !

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Originally Posted by sparklegirl50 View Post
...he obviously is not familiar with the mind-set of Americans, who like to sue, sue, sue over anything at all!
It's not so much that Americans LIKE to sue as it is that with the system we have here in America you practically HAVE to sue! Try settling things like this between yourselves and you are in danger of creating bigger and worse headaches for yourself later on.
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Old 27-10-2011, 09:07   #33
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Re: RUN OVER !

IF it is a flag of convenience, he might not be required to carry insurance.

Marinas require insurance for their slipholders, but may not require it for tansients.
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Old 27-10-2011, 09:14   #34
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Re: RUN OVER !

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my server.....is slower than snails crossing snow covered with ashes.....
Sounds slow.
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Old 27-10-2011, 09:45   #35
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Re: RUN OVER !

Negligence is required for there to be liability. If the power cat lost power through no fault of the owner/operator, and the helmsman acted prudently, then neither the helmsman or the vessel are liable for the collision.
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Old 27-10-2011, 10:16   #36
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Re: RUN OVER !

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Negligence is required for there to be liability. If the power cat lost power through no fault of the owner/operator, and the helmsman acted prudently, then neither the helmsman or the vessel are liable for the collision.
I don't believe that to be true...the root definition of safe speed is that a collision wouldn't occur if you were traveling at a safe speed IAW the navrules....certainly nothing more than a bump in a marina area...so negligence could be brought up under the "safe speed" rule

But I'm not sure that "no negligence" matters in "collision accidents"...you knick my boat even though the authorities may find "no fault" or "negligence"...I bet I can still get money from your insurance company or through the court system.
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Old 27-10-2011, 10:21   #37
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Re: RUN OVER !

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I don't believe that to be true...the root definition of safe speed is that a collision wouldn't occur if you were traveling at a safe speed IAW the navrules....certainly nothing more than a bump in a marina area...so negligence could be brought up under the "safe speed" rule

But I'm not sure that "no negligence" matters in "collision accidents"...you knick my boat even though the authorities may find "no fault" or "negligence"...I bet I can still get money from your insurance company or through the court system.
Then you would be wrong. Same is true with auto collisions. Fault is required. Otherwise it would be strict liability.

Here is an example of a no fault collision: You are navigating your vessel through a marina. You have your first ever epileptic seizure and plow right into a group of boats. As long as you had no way of knowing that you would have a seizure, there is no fault.

By the way, in the tree falling example above, the reason why the neighbor whose tree fell wasn't liable is this very rule of law. Unless I know that my tree is weakened, then I am not liable if it falls on my neighbor's house.

If the operator was traveling at an unsafe speed, then the required fault would be present.
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Old 27-10-2011, 10:35   #38
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Re: RUN OVER !

That picture link does not work.

How to post a picture :

Go to Tinypic.com

Upload your picture to that site. Suggest using the "message board" resolution.

Cut and paste the IMG link into your forum post.

It will look something like this :

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Old 27-10-2011, 11:07   #39
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Re: RUN OVER !

The image that everyone in the US sues is overblown. It's more frequent than in many countries but I've managed to live in the US for over 50 years, owned six boats, 12 cars, three homes and four businesses (not at the same time) and never had to sue or been sued on a personal basis. A few threats both ways but it was always figured out short of court.

Since you've got insurance - I assume from a good company and a fairly complete policy - I'd let them handle it. It's their business. My policy from Markel has coverage for "uninsured watercraft". I assume most do.

You were tied to a dock and he wasn't and there are law enforcement reports -- this isn't a very difficult case to sort out blame.

Your insurance company will to after the other boat's insurance company or if he doesn't have any they'll go after him.

The only trick I've learned with insurance companies is to not assume anything and to over communicate (in a nice way). I ask questions and check in every few days until I get a check.

Carl
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