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Old 16-11-2012, 05:31   #46
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Re: An Old Dufus Hit My Docked Boat

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Originally Posted by minaret View Post
And I don't know why I'm a commercial member, I don't sell anything. ..
I will look into it.
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Old 16-11-2012, 06:14   #47
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Agree with the others about contacting your insurance. Ins companies sue each other all the time. It is called subrugation. Your ins has better lawyers then you. Give them the ball and let them run with it. They will pay you then Sue safeco to get their money back.
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Old 16-11-2012, 07:45   #48
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Re: An Old Dufus Hit My Docked Boat

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Agree with the others about contacting your insurance. Ins companies sue each other all the time. It is called subrugation. Your ins has better lawyers then you. Give them the ball and let them run with it. They will pay you then Sue safeco to get their money back.
All true. The downside of this is making a claim with your insurance company can lead to higher rates.

Not to say making a claim against your insurance company is not the right move. But before I did that I would get the police incident report and see how that helps or hurts your case.

Most jurisdictions have a charge of malicious mischief which seems to apply here given the facts you have posted. If the LEOs can be convinced to bring this charge it would make dealing with lawyers and insurance companies much easier.

Malicious mischief legal definition of Malicious mischief. Malicious mischief synonyms by the Free Online Law Dictionary.
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Old 16-11-2012, 12:35   #49
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Re: An Old Dufus Hit My Docked Boat

I read that Malcious mischief link, but don't think it applies here.
The boat owner/operator didn't hit me or my neighbor's dock on purpose, he's just an old fart with no clue of what he's doing.
When talking with him after the crash, he didn't seem to think any of what had happened was anything out of the ordinary.
When it started to sink in what he'd done, he got hostile and wouldn't give me his insurance company info. It took a call to the county sheriff and filing an on site inspection and report to obtain it.

I may wind up fixing this myself, but if so, minaret has been a lot of help in giving his professional advice on how to proceed.
For that, I am very thankful.
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Old 16-11-2012, 13:02   #50
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Re: An Old Dufus Hit My Docked Boat

That was not advice, as he explained to you. You are not his client. Just suggestions. Doesn't want to commit malpractice.

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Old 16-11-2012, 14:05   #51
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Re: An Old Dufus Hit My Docked Boat

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Originally Posted by senormechanico View Post
I read that Malcious mischief link, but don't think it applies here.
The boat owner/operator didn't hit me or my neighbor's dock on purpose,

SNIP
Courts usually don't get into the question of intent in this type of matter, just of damage. If the destruction was deliberate it might be possible to get punitive damages.

Here is the key quotation:

"MALICIOUS MISCHIEF. This expression is applied to the wanton or reckless destruction"

Your description seems to meet the definition of "reckless". A lot of times in auto accidents the police will withhold charges and allow the parties to settle without insurance companies being contacted, but make it clear to the party to police think is at fault that if a settlement is not reached formal charges will be filed.

Sad to say it seems enough time has passed that if there is no incident report confirming your claim from the police you may have trouble getting relief.
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