when the other guys insurance company won't respond

[Moontide]

Have not read all the prior posts, but in most states the motor vehicle laws apply to watercraft and the failure to provide info after an accident is considered to be a "hit and run" which is prosecutable.



Since it was at a dock the local law enforcement has jurisdiction, although you might have to remind them. After all, if you shot someone on the dock they would certainly come after you.


If you mention hit and run to the CG they might take a bit more interest. Am surprised that they said not concerned because not commercial since they are responsible for, and have jurisdiction, over all "navigable waters of the US". Perhaps contact a bit higher up the chain of command.

[captlloyd]

Originally Posted by Moontide

Have not read all the prior posts, but in most states the motor vehicle laws apply to watercraft and the failure to provide info after an accident is considered to be a "hit and run" which is prosecutable.



Since it was at a dock the local law enforcement has jurisdiction, although you might have to remind them. After all, if you shot someone on the dock they would certainly come after you.


If you mention hit and run to the CG they might take a bit more interest. Am surprised that they said not concerned because not commercial since they are responsible for, and have jurisdiction, over all "navigable waters of the US". Perhaps contact a bit higher up the chain of command.

He is somewhere in the Caribbean, US rules most likely do not apply. By the way, my boat was hit by a fuel supply barge in Ohio with considerable damage, the Coast Guard said it was a civil matter. Wanted no part of an investigation and said at the most, all they could do was pull the Captains license. So much for help from the CG.

[tomtriad]

Does the Marina have insurance? You could claim on them and their co. Would go after him.

[fijigirl]

I agree. If it's just a cosmetic repair, for $1000...meh, let it go. And getting revenge could backfire, plus it's just not worth the energy. As for the other person-it's on their conscience, what goes around comes around.

[Interlude 1]

It is a local police issue. Every piece of land as well as water is in a local police jurisdiction, period. File a complaint with the local police department. Don’t let them tell that because it was on the water it’s not their problem. Murder someone in the exact location that your incident occurred and you’ll find out that they are all involved. Police departments all over say the same thing, “ if it’s on the water it’s not their problem”. Wrong!

[erie]

Originally Posted by pesarsten

Was this during docking? Who owns the dock? Coast guard doesn’t care about them leaving the scene of an accident? Harbor master contacted?

I would be very angry at the other party’s attitude. Did you photograph his boat? And them?

Who owns the dock ?? Are you saying the owner is responsible ?

[erie]

Originally Posted by tomtriad

Does the Marina have insurance? You could claim on them and their co. Would go after him.

How is the marina responsible ??

[rnanaples]

Originally Posted by Seapig

The other guy was trying to dock his boat and messed it up very badly. Initially he reasonable, assuring us that he would make it good, wanted to keep the insurance company out of it. It is a cosmetic repair 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. ( phone calls, emails, and website contact forms.)


Coast guard says they don't care because it is not commercial.
Local police say they don't care because it took place on the water.
Marshals office not their problem.
No way of registering the incident with the state registration authorities that we can find.

Made the mistake of contacting our own insurance agent for advice. she promptly informed our carrier who informed us that the damage was below our deductible but the information has been added to our file and would be considered when it comes time for renewal.



In the boating world this is a small sum but it irks me that this jackass is going to skate completely. He has refused to give us any contact information. He is leaving today and laughing all the way out of the harbor.



Any suggestions for avenues we have not pursued?

Go to small claims court cost 70 dollars roughly to file. Usually people will respond once the get served. YOu can recover reasonable expenses(i think). The sad part of the world today is good people let bad people get away with things so they keep doing them.

[fijigirl]

Yes, but it's hard to collect on a small claims court judgement.

[erie]

Originally Posted by rnanaples

Go to small claims court cost 70 dollars roughly to file. Usually people will respond once the get served. YOu can recover reasonable expenses(i think). The sad part of the world today is good people let bad people get away with things so they keep doing them.

First you have to have a address and sailing around the world is pretty hard to find them. How would you force them to pay?
I have been a land lord for 40 years and judgements mean nothing when they dont have anything..

[Traumerei]

Typically, you do not deal with the other boats insurance company. Most often your insurance company takes care of your claim and then they deal with the other boats insurer.

[Sea Wolf]

This happened to us with a car accident. Turns out the woman didn’t have insurance. We had her name and address from the police report so we filed suit in small claims court… didn’t need a lawyer… the judge acted on our behalf. Woman not only paid the repair cost, but also the court costs. Took a month or so for the hearing, but it was well worth it. Good luck

[Estica]

Move on

[capn ken]

Originally Posted by John Williams

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

Best advice of all !

[ausnp84]

“Oh it’s only 1k... move on”.

What sort of advice and support is that? Sure the OP is probably going to have to do that, but it still sucks and the other party absolutely shouldn’t be getting away with it. Nor can everyone just pony up 1k at short notice to get repairs done...

I’d just launched my steel ketch after three years and two weeks later some moron ran into the side of it, bending two stanchions. The matter got resolved, but the yard manager who shrugged and told me to “deal with it” almost got his lights knocked out.

To the OP - it sucks, but it sounds like you’re pretty much out of options. Karma will hopefully sort this idiot out in the future. Good luck getting the repairs done and hopefully it comes in cheaper than anticipated.

N