Charter yacht collided with me, seeking advice.

[Montanan]

So knot your ordinary motor yacht.


A Look at the Fastest Superyacht of Its Time
Meet the ultimate Bond girl: the famed 1980s-era superyacht, M/Y Octopussy. Interior designer Jeff Lincoln takes us aboard the refurbished, retro-chic ship.

https://www.veranda.com/luxury-lifes...topussy-yacht/


Famous for recording a top speed of 53.17 knots in 1988


https://www.yachtcharterfleet.com/lu.../octopussy.htm
The 143ft /43.59m motor yacht, custom built in 1988 by Heesen and last refitted in 2017. Previously named Octopussy 007 her luxurious interior is designed by Art Line and her exterior styling is by Gerhard Gilgenast.

ACCOMMODATION
OCTOPUSSY's interior layout sleeps up to 12 guests in 5 rooms, including a master suite, 2 VIP staterooms, 2 twin cabins and 2 pullman beds. She is also capable of carrying up to 7 crew onboard to ensure a relaxed luxury yacht experience. Timeless styling, beautiful furnishings and sumptuous seating feature throughout to create an elegant and comfortable atmosphere.

OCTOPUSSY's impressive leisure and entertainment facilities make her the ideal charter yacht for socialising and entertaining with family and friends.

PERFORMANCE
Built with Aluminium hull and Aluminium superstructure. She features an ultra-modern stabilization system to reduce roll motion effect and ensure the ultimate comfort throughout your charter vacation. With a cruising speed of 25 knots, a maximum speed of 32 knots and a range of 2,000nm from her 40,900 litre fuel tanks, she is the perfect combination of performance and luxury.

AMENITIES
Air Conditioning, WiFi connection on board, Deck Jacuzzi

[Montanan]

Now listed for sale.

https://www.moranyachts.com/luxury-y...achts-for-sale

Asking price: US$3,995,000

OCTOPUSSY is U.S. Duty Paid and available for sale in U.S. Waters.

Call the broker, perhaps the broker could work out an exchange of your boat for the Octopussy 007

1 954 998 0243

State and write a claim against the vessel with the broker.

[Letterkenny]

I’m fairly certain Octopussy has no formal arrangement with Charterworld and they just advertise for referrals. Additionally, she was just sold in February so not even sure if she was on a charter. Moran Yachts was the central agent so maybe try there as they represented the buyer as well on the sale.

[Letterkenny]

Originally Posted by Montanan

Now listed for sale.

https://www.moranyachts.com/luxury-y...achts-for-sale

Asking price: US$3,995,000

OCTOPUSSY is U.S. Duty Paid and available for sale in U.S. Waters.

Call the broker, perhaps the broker could work out an exchange of your boat for the Octopussy 007

1 954 998 0243

State and write a claim against the vessel with the broker.

That’s an old listing. She has already sold.

[Adelie]

File lien on the offending boat.

[zjames]

I would immediately contact an attorney, that is unless you would like to handle it yourself. For your own protection you must place a lien against the vessel for damages to your vessel. The vessel cannot be sold until the lien is satisfied. If the owner is unaware of the accident, when he sees a Court Date for the Lien or when he receives notice from the court that a Lien is placed against his yacht he will get to the bottom of it.

[SVSOLITAIRE]

I have called the Miami coast guard several times.

9 am- I requested to file an incident report concerning an accident involved with a foreign flagged vessel, whose captain left the scene. I was transferred to the voicemail of an investigator but no report filed.

2pm called coast guard again leaving a message stating that I have not had contact with the investigator and still need to file an incident report.

The immediacy of the situation is obvious to me but should I be being patient with the coast gaurd? I have been writing down the times and voicemails.

[SVSOLITAIRE]

Originally Posted by zjames

I would immediately contact an attorney, that is unless you would like to handle it yourself. For your own protection you must place a lien against the vessel for damages to your vessel. The vessel cannot be sold until the lien is satisfied. If the owner is unaware of the accident, when he sees a Court Date for the Lien or when he receives notice from the court that a Lien is placed against his yacht he will get to the bottom of it.

I will thank you. I completely forgot that liens are applicable.

[SVSOLITAIRE]

Originally Posted by Montanan

Now listed for sale.



https://www.moranyachts.com/luxury-y...achts-for-sale



Asking price: US$3,995,000



OCTOPUSSY is U.S. Duty Paid and available for sale in U.S. Waters.



Call the broker, perhaps the broker could work out an exchange of your boat for the Octopussy 007



1 954 998 0243



State and write a claim against the vessel with the broker.

Does her being US duty paid still work with being flagged out of Jamaica? I’m sorry I’m running on 3 brain cells right now. I guess I’m just confused as to it being a foreign vessel.

[SVSOLITAIRE]

Originally Posted by CarlF

File the CG accident report immediately!

These guys don't care about bumping into your boat and they've got plenty of lawyers to stop you in court - but they do care a lot about the next $500,000 charter or selling the boat. Even if the boat isn't listed for charter now, it's likely they have deposits on already booked charters.

A CG investigation could throw a wrench into either of these as the boat could literally be detained in port by the CG until after an accident investigation concludes.

After you get the report filed, find a sympathetic CG investigation officer and get advice. He will likely be on your side. Since the 19th century one of the CG's jobs has been to keep foreign flagged vessels from escaping US jurisdiction by leaving the country. The CG will be very unhappy if the other Captain didn't also file an accident report. His license could be at risk.

While the damage probably seems expensive to you, it's nuisance money to them - they'll write you a check to get the CG off their backs.

I just posted the calls I made to the coast guard. (Sorry I can’t cut and paste to include) essentially I have left voicemails, but still no incident report filed. I could not go physically as I had to tend to my vessels safety. I plan on going first thing tomorrow in person.

I’m definitely understanding your recommendation of immediacy. At this point I need rest, I’m just hoping the paper trail from the original hail on Saturday evening to the calls and voicemails today show that I was attempting to file as immediately as possible. I’m not sure about that though.

[SVSOLITAIRE]

Originally Posted by Sand crab

It's a charter boat operating in the US with a Jamaican flag? Wouldn't it have to go to a foreign country to legally do this? Cuba, Bahamas?

I’m unclear about this as well.

[SVSOLITAIRE]

Originally Posted by 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.)

Thank you for the very detailed if perhaps sobering response. I completely understand these factors. At the end of the day I do not expect compensation, I understand that I’m not a blip on their legal radar and the exact reason they have attorneys on retainer who do this daily. I get that.

It would be nice if I could call the broker and say hey give me 15k I found a boat in Jacksonville we can call it good. I don’t think that’s a reality.

I will follow the steps advised, and pursue this to the best of my ability, I’m still questioning whether to get a lawyer involved right now. If I do contact an attorney I will be certain to keep your advice in mind.

Thank you

[SVSOLITAIRE]

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.

2:30 am. I was anchored in a trafficked anchorage. Had 3nm anchor lite on. I should double check COLREGS. Though the captain not reporting on deck is testament that the vessel was not being operated at the time so wouldn’t that negate his defense that my negligence (Ie a possible COLREGS violation) was in no way interfering of restricting his safe operations?

[boatman61]

Originally Posted by SVSOLITAIRE

I just posted the calls I made to the coast guard. (Sorry I can’t cut and paste to include) essentially I have left voicemails, but still no incident report filed. I could not go physically as I had to tend to my vessels safety. I plan on going first thing tomorrow in person.

I’m definitely understanding your recommendation of immediacy. At this point I need rest, I’m just hoping the paper trail from the original hail on Saturday evening to the calls and voicemails today show that I was attempting to file as immediately as possible. I’m not sure about that though.

Get some rest and when you've got yourself together send the CG an email describing the events, all damage done and what the communications were with the offending boat.
Send photo's etc as attachments to back up your words.
This way you have a dated written record to show your efforts.

[SVSOLITAIRE]

Originally Posted by boatman61

Get some rest and when you've got yourself together send the CG an email describing the events, all damage done and what the communications were with the offending boat.

Send photo's etc as attachments to back up your words.

This way you have a dated written record to show your efforts.

Thank you. That is exactly what I needed to hear.

New anchor is biting down, everything is as good as can be. Time for care and feeding.