Who Pays????

[ShellBack89]

OP - what was the outcome?

[CaptJPMcGuire]

Originally Posted by Redbikemark

I hired a friend to move my 48 ft boat from South Florida east coast to Central Florida West Coast...about two hours from our destination marina he runs the boat aground in Sarasota Bay. Now there is vibration around 1000 RPMs. So our thought is a bent prop....now, the question is who pays for the damage. Me or my friend. He is not a licensed Captain but is very good with boats...The channel was not marked.

You own it!! In every sense of the word

[KatrinaCampbell]

Originally Posted by Redbikemark

I hired a friend to move my 48 ft boat from South Florida east coast to Central Florida West Coast...about two hours from our destination marina he runs the boat aground in Sarasota Bay. Now there is vibration around 1000 RPMs. So our thought is a bent prop....now, the question is who pays for the damage. Me or my friend. He is not a licensed Captain but is very good with boats...The channel was not marked.

You should pay. All responsibility is yours and your insurance should cover it. He is only paid to move the boat.

[Snore]

To the OP sorry this happened. I’m with Boatty, have a diver check the props, or snorkel down and look for something wrapped around them. That is way cheaper than a haul out.

Doing deliveries I have been through Sarasota many times. The ICW is well marked in that area. I never use the Sarasota inlets on deliveries as they constantly shift. Safer to come in Venice or Longboat or if really rough enter Tampa Bay and circle back. If that is where he ran aground.

Most delivery captains research the hell out of inlets to avoid the bad ones. The few times I have run boats up private canals and unmarked channels, it was done at +/-1kt.

In the end, legally you own it. If it was a pro, you could file a claim and go after his license (that is why we tend to be conservative). If you file a claim against him, or with your insurance company, there is the issue of hiring an unlicensed person to operate you boat.

I hope your friendship survives what appears to be his error.

[JC Reefer]

When I was in the biz, I’d always have the owner sign my contract. Among other things, It was an attempt to release me of liability should something happen.

My second layer of protection was insurance.

Delivery work by nature is tricky especially if it’s the hired captains first time on that vessel. It was typically the crummy fixes that I would find.

Though I have never run aground (thank god) in a clients boat [emoji5], I did hit something that looked like a King size pallet at about 25 kts on the way back from Bimini. Cruising west into the sunset. Even if I didn’t have on the auto pilot I probably would not have see it. That one left some vibration and needed some prop work later on.

The owner may have considered the options but never mentioned it to me. I ran that yacht for about 7 years.

[Dennis Clarke]

Your Quote on Booze, Broads and Boats...really gave me a laugh....outstanding...

[Chotu]

You pay.

[BluePeter]

You pay!
But if your friend was a sport, he’d offer to go half...

[Dr. Sea]

Originally Posted by S/V Illusion

What's the problem? Your insurance pays.

It’s not as simple as that. First there is the deductible, which might easily be more than the cost of the repair. Second, there is still the deductible if the repair exceeds the deductible—who pays for that? Third, there is the blemish on the claims record. This could cost more than the repair.

[Ballenxj]

Is it possible it's only a shaft weight let go? I agree, snorkel on down and have a look.

[ghrt]

So, OP hired a friend to deliver his boat, not paying a pro.
Then, he asked on the forum about (legal?) advice, not paying a pro.
My advice is that repairing should be undertaken by a pro.

[valhalla360]

So what does the contract say in terms of who pays for damage?

If it's not spelled out and you can't prove negligence...it's legally going to be on you.

[lituya1617]

Fixing a bent prop is cheaper than finding new friends. Even strangers make errors but not all errors call for retribution or payment. You might also have a bent shaft and that is quite a bit more expensive, but stuff happens. I have never met a long-time sailor who has not run aground; it happens in shallow bays and inlets despite charts. I would just fix the problem and stop seeking to blame anyone.