Boat hit while uninsured

[Lake-Effect]

Originally Posted by roverhi

All marina's require is liability insurance of a certain minimum value. That would do you no good as that protects those you harm, not your boat. You'd be on your own to collect just as you are without insurance. If your marina had a policy requiring liability, they may not be happy with you for not having it and evict you. Liability coverage is dirt cheap. I wouldn't leave home without it.

If boat A hits you (boat B) and your boat damages dock C, the marina, or their insurers can come after your insurers... or you personally, if you're not insured. Not saying that this always happens but it can be one of the steps in the dance, if the marina doesn't get satisfaction from boat A's insurers.

+1 for liability insurance in this litigious world...

[boatman61]

Originally Posted by Boatguy30

There is no legal requirement in ANY Us state to have watercraft insurance. Many marinas and cities do require it.

Despite what some may feel about the US legal system, he is free from worry about your crazy scenario.

Its what in the Marina contract that matters... not state legislation.
I was T-boned while uninsured by a french boat.. all four crew (2M-2F) down below while they motor sailed at 6kts toward the coast 5 miles off shore.. perfect visibility, calm sea, light winds.
Pantaneaus helped me with the French Ins co and translation (behind the scenes) as they (french) refused to communicate in English.. its nice when a company likes you..
All I managed to get in the end to get this fixed was £5000..
Year... 2001

[boatman61]

Oh yeah... and they were on course to pass astern...
who knew they had remote steering and would alter course without looking ahead..
Never trusted another boat since..

[micah719]

A true facepalm moment. One of the reasons I've chosen a steel hull, and a railroad-strength airhorn. Maybe a signal cannon should be added to the list...

[captain58sailin]

The terms "Good Faith Effort." to "Mitigate further damages", should carry you a long ways towards getting interim help. It takes patience to deal with the process, if you fill out their forms etc... in a timely fashion they usually get things settled fairly quickly.

[Dulcesuenos]

Originally Posted by Boatguy30

There is no legal requirement in ANY Us state to have watercraft insurance. Many marinas and cities do require it.

Despite what some may feel about the US legal system, he is free from worry about your crazy scenario.

+1 I mean really???? If you could sue people for an uninsured boat there and u being a dumarsre running into it,,,

[Dulcesuenos]

Originally Posted by boatman61

Its what in the Marina contract that matters... not state legislation.
I was T-boned while uninsured by a french boat.. all four crew (2M-2F) down below while they motor sailed at 6kts toward the coast 5 miles off shore.. perfect visibility, calm sea, light winds.
Pantaneaus helped me with the French Ins co and translation (behind the scenes) as they (french) refused to communicate in English.. its nice when a company likes you..
All I managed to get in the end to get this fixed was £5000..
Year... 2001

Wait please dont take this wrong but could u have done nothing to avoid collision?

[twistedtree]

All this talk about marina-required insurance is irrelevant. Whether you are or are not in compliance with some other contract (the marina in this case) doesn't change the liability of the person who hit you. And even if you did have insurance, it still doesn't change their liability - it would just mean you would have someone pursuing the claim on your behalf.

[boatman61]

Originally Posted by Dulcesuenos

Wait please dont take this wrong but could u have done nothing to avoid collision?

Yup... I could have stayed on deck till they were past my stern... but I went below when they were 1/4 mile off and clearly going to miss me... between slicing cheese, toms and bread I stuck my head up... all good... went down put everything under the grill, lit it and bang...
A beautiful day-voyage destroyed

[manitu]

this thread says it all.. NEVER going anywhere near US waters.
Being sued for being rammed into a dock?? They got no liability cause YOU are not inshured??? Come on!!
No, I'll make do with the more civilized countries. like most of the world exept 2 or 3 african countries..

.manitu

[Mouse]

I understand the need for insurance and its many benefits but that doesn't change what the facts in this situation are.
I honestly had not considered the scenario of dock damage due to the force of my boat being crushed but luckily for me (I guess) I had 5 rather large fenders that absorbed much of the initial Icant on the dock side.
Being that I was tied for and aft with 3 spring lines I could not have done anything to avoid the situation( I feel that comment may be for the other fellows situation anyhow).
My take on the situation is, my boat was quietly minding its own business when the larger vessel by far decided it wanted to go through mine and didn't quite make it.
Insured or not I have a hard time accepting that any liability between myself and the offending vessel would fall on my shoulders as I was where I should have been and allotted to be and the other vessel was controlled in a negligent fashion, regardless of the marinas view on my insurance status.
I hope I'm correct. It seems to be logical, but again as I stated earlier at the end of the day it is an insurance company.

[Mouse]

I've contacted the representative from pantaneus on Friday and left a message to call me, and again twice today but have not received a call back yet. I wish to express to them that I'm really being put out at the moment but I can relay that if I am unable to actually speak with them.
With all this talk about marinas requiring this that and the other I must admit I have an all new anxiety now that I might be held responsible for something just for existing in that place and that time.
Not really the reassurance I was hoping for and hopefully unfounded.
Either way, bloody hell what a mess.

[boatman61]

Originally Posted by Mouse

I've contacted the representative from pantaneus on Friday and left a message to call me, and again twice today but have not received a call back yet. I wish to express to them that I'm really being put out at the moment but I can relay that if I am unable to actually speak with them.
With all this talk about marinas requiring this that and the other I must admit I have an all new anxiety now that I might be held responsible for something just for existing in that place and that time.
Not really the reassurance I was hoping for and hopefully unfounded.
Either way, bloody hell what a mess.

Mate you have my sympathies.. believe me..
but reality is if there's **** to dump.. dump it onto the weakest...
Use e-mails... at least you have a record of attempts, events and statements

[Mouse]

Originally Posted by boatman61

Mate you have my sympathies.. believe me..
but reality is if there's **** to dump.. dump it onto the weakest...

God I wish it weren't true, but I know it is.
Still, here's hoping.

Cheers

[roverhi]

Manitu, One thing you can count on on the web is you'll get someone's opinion. May be right, partially right or totally wrong. In Boatman 61s case, he's totally wrong. About the only way you could be at fault in the original posters case is if the boat was illegally tied to a no mooring location and obstructing the fairway. Our legal system is pretty f****d up but not that f'd up.

If marine law applies, the 'General Prudential Rule' is in effect. That states that you have to make reasonable efforts to avoid a collision or other act injurious to another person. The courts assign a percentage of blame and assess an amount that reflects that percentage. In Boatman61 accident, he could have been partially responsible because he wasn't maintaining a watch. He would be only minimally responsible and the French boat would have to pay most of the costs. If the French boat admitted changing course without looking, they'd probably still be a 100% at fault even though he was below when they collided.

In civil litigation, there is 'Joint and Several Liability' that is entirely different than marine law. In 'Joint and Several Liability' anyone who is found to be at fault, no matter how little, is fully responsible for any damages that others at fault don't cover. That's why the ambulance chasers try and sue the State or City in auto accidents cause they know they have deep pockets and will pay 100% of the award even if the driver was 99% at fault. The question is where do you go from regular civil jurisdiction to marine. Does being tied up at a marina put you in regular civil realm or are you under marine jurisdiction. Have to ask a lawyer who'd possibly have to go to trial for a judge to make the determination. It's not about right or wrong but how good a lawyer you've got.

The easiest way for an insurance company to make money is not pay claims. Some try to do that as a matter of course. Looks like you got lucky and were injured by someone insured with a company that will try and to the 'right thing'. Doubt that $35,000 for your boat is the 'right thing', however. Get everything in writing or email as Boatman61 says. I'd back up the email to print just to be safe. Justices look at the written word, don't even want to hear about verbal communication unless there is corroboration.