Charter yacht collided with me, seeking advice.

[SVSOLITAIRE]

Originally Posted by LittleWing77

Maybe get in touch with the broker who has just listed the charter boat and advise that the boat has been involved in a significant accident...?

Perhaps and hopefully, the broker would not want to borrow trouble...

I am SO sorry to read this, Solitaire! How to ruin one's day. Are you alright?

LittleWing77

I’m alright aside from some rope burn thanks for asking. I did call the broker. The captain then called me but is now playing the you drug into me game. I’m forwarding everything to the officer.

[SVSOLITAIRE]

Originally Posted by Snore

Let’s start with the basics. If it is a 44 meter yach it.I Kelly has AIS. Use a free webservice to locate it.

Did you take any photos?

If she was US flagged, a vessel of that size is likely under the command of a 100 or perhaps 200 Ton Master. He is subject to USCG rules.

I would call USCG Miami, FWC and Miami Dade PD be sure to provide vessels current location.

Great thank you, I will get right on that. It’s flagged in Jamaica but operates out of palm beach. I am currently dealing with Florida wildlife, I was unaware I could reach out to Miami PD.

[Montanan]

Originally Posted by SVSOLITAIRE

I’m alright aside from some rope burn thanks for asking. I did call the broker. The captain then called me but is now playing the you drug into me game. I’m forwarding everything to the officer.

Always interesting how the down wind and down current boat ends up dragging into those darn pesky upwind / up current vessels.

[dannc]

Originally Posted by SVSOLITAIRE

Great thank you, I will get right on that. It’s flagged in Jamaica but operates out of palm beach. I am currently dealing with Florida wildlife, I was unaware I could reach out to Miami PD.

Since the incident happened in Miami, the Miami PD would have jurisdiction. However, FWC has state wide jurisdiction as well. I would talk to the Miami PD as well as the FWC. The PD might pass off to the FWC but it never hurts to ask. Possible the Miami PD would have local regulation that they could charge.

Good Luck,
Dan

[Apollo19.5]

Was there anyone else in the anchorage that witnessed the incident that could possible give a statement of who dragged?

[Manateeman]

I’m sorry for anyone who suffers personal injury or vessel damage because of the actions of another party. Unfortunately it is very difficult to receive any compensation . You might not like what I have to say but it is based upon watching and listening to my father in his work as a maritime attorney. You might receive an offer from the charter company. Beyond accepting that, your chances of any further compensation are slim to none. Here are the reasons why.
While there are hundreds of marine accidents every year in Florida, the FWC has limited resources. There is no personal injury, no environmental issues. The other vessel is under a foreign flag. Don’t count on the FWC doing much. You might get help from the authorities in Jamaica if the other party was suspected of serious criminal activity but otherwise, I don’t see much help there.
First, attorneys certified in Admirality and Maritime are a very small group. I think around 100 vs thousands of other trial lawyers. Expert witness testimony is very expensive. Try to look at your case from the view of someone who you might ask to represent you. The damages are what...$5000...$25000...$250,000...? The cost gather evidence, testimony, court costs, add up to thousands just file a legal action. Do you have a slam dunk case? Nope.
People think they can bring a legal action with impunity. If you loose, the other party can ask the court to force you to pay all their legal costs.
This is the substantial downside you risk with any action which goes to trial.
No substantial personal injury.
Vessel damage under $100,000
No criminal citation issued to the other vessel operator.
No independent witness nor video.
I could go on and on. His dog didn’t bite you. You threatened his dog. He doesn’t own a dog. It’s not a dog, it’s a wild wolf.
I’m sorry this happened to you but don’t waste your life pursing this case.
Justice doesn’t resemble what you see on television. Move on with you life.
With a $25,000 reward still open, you could go looking for the idiot who wrote trump on a manatee.
Happy trails to you kimosabi
Captain Mark and his manatee crew (which includes two attorneys who help with the pizza and beer expenses.)

[SVSOLITAIRE]

Originally Posted by Montanan

Always interesting how the down wind and down current boat ends up dragging into those darn pesky upwind / up current vessels.

Hahaha exactly. Because the captain took 15 minutes to get on deck he doesn’t realize I videod it.

[Lake-Effect]

Originally Posted by Montanan

As to the allision, there is a COLREGs matter. Did the incident happen during daylight? If so did you have displayed a black ball to indicate your at anchor status? Maritime claims often end up being apportioned responsibility and liability.

If a boat's dragging on its anchor, I don't think it (the drifting boat) notices or is influenced by day markers or nav lights. Part of what makes it an allision, right?

[SVSOLITAIRE]

Originally Posted by Apollo19.5

Was there anyone else in the anchorage that witnessed the incident that could possible give a statement of who dragged?

It was at 2:30 am, so the other boats would have most likely missed the actual dragging. But it very apparent in the pictures.

[Snore]

Now you have me curious. What was the name of the vessel? If a based in Palm Beach, a call tomorrow should get this settled.

[Dsanduril]

The other vessel is foreign-flagged. File a report with the USCG, you need a federal agency to deal with international issues should they come up. The locals will get there eventually, but involving the USCG directly will get you there faster. The feds can withdraw a cruising license, seize the vessel, etc. - all things that aren’t available to the locals without involving the feds.

[Montanan]

Reference link to the webpages:

https://www.uscgboating.org/recreati...-reporting.php


Federal law requires the operator or owner of a recreational vessel to file a boating accident report with the State reporting authority if the recreational vessel is involved in an accident that results in any of the following:

A person dies
A person is injured and requires medical treatment beyond first aid
A person disappears from the vessel under circumstances that indicate death or injury
Damage to vessels and other property totals $2,000 (lower amounts in some states and territories).
The boat is destroyed.

Report Timelines:

Within 48 hours if a person, dies within 24 hours, is injured and requires medical treatment beyond first aid, or disappears from the vessel under circumstances that indicate death or injury.
Within 10 days of the occurrence or death if earlier reporting is not required.
The information you provide is used to establish regulations and safety standards, identify and remedy boat defects, educate recreational boaters, capture statistical data, investigate accidents, and measure the effectiveness of boating safety programs.

Accident Reporting Forms

Forms may be found on the Coast Guard's Directive and Publications Division Website at http://www.dcms.uscg.mil/Our-Organiz...ment/CG-Forms/ or entering the form numbers into a web search engine.

CG-3865 Recreational Boating Accident Report

http://www.d1south.org/Downloads/Doc...LP/CG-3865.pdf


CG-3865-SP Reporte Del Accidente En Barcos De Recreacion

Most states and territories accept this form, although some have their own.

A listing of contacts for the state's primary boating authority may be found at https://www.nasbla.org/about-nasbla/boating-contacts . Reports are generally sent to the Boat Accident Report Database administrator.

Please see 33 CFR 173.51, Casualty and Accident Reporting for further information.

[NevilleCat]

Sorry about your hassles, and I hope you have some chance of recovering something from this incident.
It may seem pretty and I don't want to drift your thread but surely the verb or past tense of drag or dragging anchor is "dragged" not "drug"? I have seen this used on this forum quite a bit and even read it in some (admittedly Kindle) books but any dictionary I have checked lists "drug" as in...well we know what drugs are...and as a verb meaning to drug someone.
Maybe it is common parlance in US? In which case I expect dictionaries will eventually reflect this. In the meantime would it make any difference to credibility when filing official legal complaint forms I wonder?

[Montanan]

Originally Posted by NevilleCat

Sorry about your hassles, and I hope you have some chance of recovering something from this incident.
It may seem pretty and I don't want to drift your thread but surely the verb or past tense of drag or dragging anchor is "dragged" not "drug"? I have seen this used on this forum quite a bit and even read it in some (admittedly Kindle) books but any dictionary I have checked lists "drug" as in...well we know what drugs are...and as a verb meaning to drug someone.
Maybe it is common parlance in US? In which case I expect dictionaries will eventually reflect this. In the meantime would it make any difference to credibility when filing official legal complaint forms I wonder?

Merriam Webster Dictionary
An American Dictionary of the English Language


drug
Definition of drug
(Entry 3 of 3)
dialectal past tense of DRAG


Definition of drug (Entry 1 of 3)
1a: a substance used as a medication or in the preparation of medication
baccording to the Food, Drug, and Cosmetic Act
(1): a substance recognized in an official pharmacopoeia or formulary (see FORMULARY sense 3)
(2): a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease


drug verb
drugged; drugging
Definition of drug (Entry 2 of 3)
transitive verb

1: to affect with a drug (see DRUG entry 1)
especially : to stupefy by a narcotic drug
looks like he's been drugged
2: to administer a drug to
drugged against pain

[Albinvega27]

Dividing emotions from procedure I imagine, the legal procedure USCG can and will advise fully. From then on it is, to hold emotional horses and let things run of what the legal procedures are.
It will take time though Bro. Nobody will give you immediate answer it seems, since they are not willing to act, as the Law would suggest.