Visit our Popular Forums

Captain Puget · 14-12-2021, 14:29

Contact YOUR insurance company and say that you suspect that this person may be uninsured and you may have to file a claim with them as a result. They will take the other company to the mat (takes one a** to kick another’s &#128521

dszerlag · 14-12-2021, 14:30

Quite the contrary, you should not have your insurance company get involved in a claim where you have no fault. It is the other company's responsibility to review adjust and cover his liability claim.

Quote:

Originally Posted by TrentePieds

Seapig said: " but when it turned out that it was going to be around 1K He became ugly and gave us what he states is his insurance carrier, except that 5 attempts to contact the company with no response. "

Well, then — did you mess up, maybe?

Of course "the other guy's" insurance company will not talk to you. Nor should it! The PROPER procedure is that you claim on YOUR insurance - you do have it, don't you? If the facts show that you are in the clear, i.e. that you have fulfilled the terms of your "bet", i.e. met the requirements of the "wordings" in your policy, YOUR underwriter will send you a cheque.

His adjuster will then deal with "the other guy's" underwriter's adjuster in a process called "subrogation" and the two of them will settle the matter between them without you ever getting to know anything about it!

All the best

TrentePieds

jdaltonpe · 14-12-2021, 14:34

I returned to my little anchored boat in Cairns, Australia to find it heavily damaged and dark blue paint markings on the damage. No note, nothing. My neighbor warned the offending captain he anchored too close to me (wind over tide). Offending Captain said he was staying aboard, not to worry, then he left. She saw him haul anchor on his return and move to the opposite end of the anchorage. Returning to my boat after dark I was shocked at the amount of damage, saw her light on and visited. She described the big steel dark blue German yacht and I hunted him down at first light, a found my paint on his bobstay, rail, etc. and knocked on the hull. He claimed it was my fault for having too much chain out, I barely refrained from punching his lights out and asked for his insurance info instead which he gave me. Harbor Police didn't care at all, no visit, report of complaint, nothing. Sent photos, description, etc. to his insurance company and repeatedly tried to claim - no response. Saw a maritime lawyer who offered to write a threatening letter for $500. I was broke, found a job and hauled to repair at the end of cyclone season. Turned out he was in the yard at the same time. Word spread and none of the yachties would talk to him, except me. I got in his face as much as possible every day - in a less than threatening way. Would not leave him alone, cried the blues about how my circumnavigation was over because of the cost of the accident yada yada. He finally relented and wrote to his insurance company verifying the incident and they ended up paying. Turned out shame worked better than the law.

sailone3032 · 14-12-2021, 15:27

Quote:

Originally Posted by John Williams

I am a retired lawyer. Forget it and get on with life. Not worth the effort for $1k.

Tetepare · 14-12-2021, 15:55

Quote:

Originally Posted by jdaltonpe

I returned to my little anchored boat in Cairns, Australia to find it heavily damaged and dark blue paint markings on the damage. No note, nothing. My neighbor warned the offending captain he anchored too close to me (wind over tide). Offending Captain said he was staying aboard, not to worry, then he left. She saw him haul anchor on his return and move to the opposite end of the anchorage. Returning to my boat after dark I was shocked at the amount of damage, saw her light on and visited. She described the big steel dark blue German yacht and I hunted him down at first light, a found my paint on his bobstay, rail, etc. and knocked on the hull. He claimed it was my fault for having too much chain out, I barely refrained from punching his lights out and asked for his insurance info instead which he gave me. Harbor Police didn't care at all, no visit, report of complaint, nothing. Sent photos, description, etc. to his insurance company and repeatedly tried to claim - no response. Saw a maritime lawyer who offered to write a threatening letter for $500. I was broke, found a job and hauled to repair at the end of cyclone season. Turned out he was in the yard at the same time. Word spread and none of the yachties would talk to him, except me. I got in his face as much as possible every day - in a less than threatening way. Would not leave him alone, cried the blues about how my circumnavigation was over because of the cost of the accident yada yada. He finally relented and wrote to his insurance company verifying the incident and they ended up paying. Turned out shame worked better than the law.

You have incredible restraint.

CaptainRivet · 14-12-2021, 16:39

Quote:

Originally Posted by Seapig

We have photographed everything up the wazzoo. He refuses to give us any contact information. We were able to google the the boat registration but other than saying the registration is active the website is not very informative. We also have several quotes for the repair.

There is not much the harbor master can do because they have allegedly given us their insurance information. They cannot give us any contact information. And yes the Coast Guard won't get involved unless someone was injured or it is a commercial vessel.

We are very gun shy of courts and insurance companies and there is a question of what jurisdiction we would have to bring a small claim against him. A judgement that we can't collect is not much of a judgement.

I would "confiscate" his outboard or similar of corresponding value to balance his debt

authorities won't do anything too in case he figures out...

Captain Puget · 14-12-2021, 16:47

I understand that the other parties insurance company “should” respond. However, “shoulding” on people is rarely effective

I have gotten my insurance company involved when the other parties insurance is not responsive … it works , they respond to their industry counterparts, and no legal hassles for you.

jmschmidt · 14-12-2021, 17:14

He will lose quickly in a small claims action if he withholds insurance info. He probably won't even show up so you will get a default claim. If his is a document vessel check with the USCG National Maritime Center.

Seapig · 15-12-2021, 03:45

I have already contacted my insurance company and the deductible for uninsured boaters is far above what this will cost. Further I was specifically told that for large amounts it is up to me to pursue a remedy before they will lay out a cent. Additionally any claim I make will be assessed in determining future coverage. I took this as a veiled threat.

Moments ago (after 10 days of hounding) I heard from the other's guy insurance company and they said they won't do squat until he files a claim. Since he is completely refusing to talk with us and he is planning on leaving today, I think this is unlikely.
I am quite sure that we will end up "sucking it up and moving on" but it irks me that the system rewards bad behavior.

sailingabe41ds · 15-12-2021, 13:23

Quote:

Originally Posted by John Williams

I am a retired lawyer. Forget it and get on with life. Not worth the effort for $1k.

Not a lawyer...but this is the best advice you will get. Not worth the hassle...move on with your life. Maybe karma (and not the good kind) will catch up with him.
Look at it as a business deal. Take the emotional aspect of what happened out and ask yourself, is it worth the investment in time, energy, moneys when the likelihood of the return is small to none?

Abe

sailingabe41ds · 15-12-2021, 13:32

Quote:

Originally Posted by CaptainRivet

I would "confiscate" his outboard or similar of corresponding value to balance his debt

authorities won't do anything too in case he figures out...

Then he comes back and confiscates the dinghy. Then a retaliation with vandalism and damaging the boat. Then they steal the cushions and sails. Then the mast....the rudder! Finally there is a knife fight...then a gun fight....they all die and nobody wins.
Let it go...and good luck.

Abe

MyCatLife · 15-12-2021, 13:42

Sorry this happened. It sucks, but people are ********.

Life is too short... Fix it and move on.

And don't go to war with someone with less to lose than you...

Caleb_Grey · 15-12-2021, 16:05

Stuff happens, if you cant write off a boat buck for cosmetic damage while sailing a $500k boat, might be time to change hobbies.

KP44 · 16-12-2021, 19:18

Quote:

Originally Posted by Seapig

The other guy was trying to dock his boat and messed it up very badly.

Any suggestions for avenues we have not pursued?

Who is responsible for the damage?
I do not think I would be calling his insurance company when the owner of the vessel is the one who should be paying for repairs. Let him deal with his insurance; or lack of it.