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Old 11-04-2021, 07:57   #1
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Charter yacht collided with me, seeking advice.

Hi,
So I apologize if this is a long winded post.

Last evening a 44 meter yacht drug anchor and collided with my vessel, a 10 meter sailing vessel. There is significant damage to my vessel and the yacht owned by charter world has since fled the anchorage after repeated hailings.

When the collision initially happens I radios coast guard to report (I am in Miami Florida). I have also reached out to FWC and am awaiting an officer to respond to the scene to prove damage. I made a detailed incident report, the fault rests solely on the captain of the other boat. I have also made a preliminary damage report. Given the damage I feel a haul out and professional survey are necessary. I have video and photo documentation of the incident and damage.

The questions I have concerning this matter.

- Was it illegal for the other vessel to flee the accident?
-this was a chartered vessel at the time of the incident. Flagged out of Jamaica operated by charter world. When I checked again about 3 hours after the incident the yacht Magically went up for sail and is not longer available on charter worlds website. This is beyond suspicious. Does anyone have any experience with this type of behavior?

-I am uninsured yet as I understand it they are still liable for damages. I did not grab the captains information due to the nature of the situation. It was agreed we would hail on channel 72 when the vessels were both safely re-anchored. I hailed all morning as well as repeated hails on 16 as they were leaving the anchorage all to no response. Again this seems very illegal to me.

Am I on the right track as far as documenting, and reporting?

Unless anyone has better options, I am assuming my next step would be to seek council concerning damages? Which if anybody knows a good maritime lawyer in Miami I’d appreciate it.

Given how this is going down I have a feeling this is going to be like chasing a ghost to get this taken care of. This is my first time with any incident like this so forgive any ignorance, and any advice will be greatly appreciated. I can give further details as far as damages, incident a little later.

Best
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Old 11-04-2021, 08:15   #2
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Re: Charter yacht collided with me, seeking advice.

Sounds like you need to discuss this with Charter World. They are ultimately responsible for any compensation. If you get nowhere with that, then likely you will need to decide if a lawyer is warranted, and if you think there is a chance you will get some money out of it, or just wasting more on lawyer fees.
Not a good situation to be in with no insurance, that is certain. You should have grabbed that captains information right away, in hindsight. Maybe if you had his information he wouldn't have been tempted to run.
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Old 11-04-2021, 08:26   #3
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Re: Charter yacht collided with me, seeking advice.

Valid points, the officers controlling the incident said they would track them down.

As far as bringing the matter up with charter world, as I stated they have since removed the listing and it is now for sail under a broker. I took a screenshot of its availability on charter world prior to them removing the post. Contacting them will come before a lawyer for sure but I have a feeling that will go nowhere.
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Old 11-04-2021, 08:28   #4
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To be honest I would have gone over in my dinghy as soon as my boat was secure, taken pictures of his boat and him, then asked his details along with the boats.
But then I have been T-boned and had the offending boat do a runner.. my faith in humanity in certain areas is zero.
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Old 11-04-2021, 08:39   #5
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Re: Charter yacht collided with me, seeking advice.

Quote:
Originally Posted by SVSOLITAIRE View Post
As far as bringing the matter up with charter world, as I stated they have since removed the listing and it is now for sail under a broker. I took a screenshot of its availability on charter world prior to them removing the post. Contacting them will come before a lawyer for sure but I have a feeling that will go nowhere.
You can often find older snapshots of many websites on the Wayback Machine. And anyway, the charter company won't be able to deny that the boat was in charter (if it was....)

ANY ACCIDENT - take photos, get all info, immediately. No exceptions.
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Old 11-04-2021, 08:49   #6
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Re: Charter yacht collided with me, seeking advice.

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Originally Posted by Lake-Effect View Post
You can often find older snapshots of many websites on the Wayback Machine. And anyway, the charter company won't be able to deny that the boat was in charter (if it was....)

ANY ACCIDENT - take photos, get all info, immediately. No exceptions.


As far as getting the info. I take complete responsibility. The situation demanded immediate attention but it’s true I should have taken over a dinghy after. Silly me trusting a captain.
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Old 11-04-2021, 09:04   #7
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Re: Charter yacht collided with me, seeking advice.

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?

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Old 11-04-2021, 09:06   #8
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Re: Charter yacht collided with me, seeking advice.

If you have information about the boat and its registry you may be able to file a claim on the vessel such that clear title will not be able to be transferred if the vessel is offered for sale.

I would contact the seller's broker and provide a written notice with signed receipt of delivery such that the broker is aware of the damage claim encumbrance to the title of the vessel.

Link to the Maritime Authority of Jamaica.

https://maritimejamaica.com/

For registry matters contact:

876 5510685
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Old 11-04-2021, 09:09   #9
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Re: Charter yacht collided with me, seeking advice.

Quote:
Originally Posted by SVSOLITAIRE View Post
As far as getting the info. I take complete responsibility. The situation demanded immediate attention but it’s true I should have taken over a dinghy after. Silly me trusting a captain.
Don't beat yourself up about this. You were probably (and properly) rattled.

Fortunately, you do have the video evidence, and you are accumulating the unfolding documentation, etc.

Charter World should definitely be on the hook for this!

Hrumph,
Horrid.
Sorry again,
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Old 11-04-2021, 09:11   #10
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Re: Charter yacht collided with me, seeking advice.

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.
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Old 11-04-2021, 09:12   #11
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Re: Charter yacht collided with me, seeking advice.

Quote:
Originally Posted by Montanan View Post
If you have information about the boat and its registry you may be able to file a claim on the vessel such that clear title will not be able to be transferred if the vessel is offered for sale.

I would contact the seller's broker and provide a written notice with signed receipt of delivery such that the broker is aware of the damage claim encumbrance to the title of the vessel.

Link to the Maritime Authority of Jamaica.

https://maritimejamaica.com/

For registry matters contact:

876 5510685
+1

More useful than my post as it would immeditately encumber a potential sale.

Thanks, Montanan!
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Old 11-04-2021, 09:16   #12
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Quote:
Originally Posted by Montanan View Post
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.
That comes down to a his word against mine.. and anyway it's an anchor dragging incident not an 'under way' collision.
OP.. buy a black ball to keep on board quick..
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Old 11-04-2021, 09:24   #13
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Re: Charter yacht collided with me, seeking advice.

You need a lawyer, get a lien filed against the boat immediately. If you can get that done they will have to pay to close a sale on the boat.
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Old 11-04-2021, 09:31   #14
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Re: Charter yacht collided with me, seeking advice.

Did EITHER boat display the black ball?
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Old 11-04-2021, 09:39   #15
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Re: Charter yacht collided with me, seeking advice.

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.
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