Who is responsible for damage to my boat.

[boatpoker]

I once took a yacht club (white shoe marina) to small claims court for $18. It cost me $80 to file.

It cost their general manager 7hrs in court (I had nothing else to do and the entertainment value was worth it. They lost. I got my $18 + $80.

If they had simply apologized I would have accepted and moved on. instead they gave me a snotty attitude. It's not in my nature to get walked on.

If a few people fight back once in a while this type of crap would happen less often.

[JPA Cate]

Originally Posted by boatpoker

I once took a yacht club (white shoe marina) to small claims court for $18. It cost me $80 to file.

It cost their general manager 7hrs in court (I had nothing else to do and the entertainment value was worth it. They lost. I got my $18 + $80.

If they had simply apologized I would have accepted and moved on. instead they gave me a snotty attitude. It's not in my nature to get walked on.

If a few people fight back once in a while this type of crap would happen less often.

I think the above in bold is very important because your taking action encourages others to not knuckle under to being bullied. I hope you garner the courage to get the estimates, and confront the marina management. I expect your bill for a good, competent repair, will be somewhere between 1 and 2 thousand dollars. I don't want to suck up those kinds of losses. Would you want your boatie friends to?

Ann

[chasfgr]

As both parties are not likely to move, I'd suggest that you inform them by letter that you hold them responsible and deduct the sum from their next payment.
Their insurance is porobably voided by accepting their responsibility.
If they try to sue you for the money you've a very strong case.
Don't expect them to agree though.

[Nepidae]

I'm seeing all of this talk about withholding payment, which is not a good idea, and retaining a lawyer, which is expensive, to the point of HOW MUCH DAMAGE IS THERE?

I haven't seen, and admittedly I'm not following this very closely, any mention of an official estimate on this damage. Get that and decide if you are going to go down that river.

As to withholding payments, IF you do that they can boot you out for non-payment. The proper approach to this is to open an escrow account at a bank. Make the marina aware of the account and that you will release the payments when the issue is resolved. A lawyer could draft that letter for not a lot of money. Maybe a good place to start.

Be careful of some of the recommendations you read on a forum.

Do your own due diligence.

Good luck.

[Davidla]

Originally Posted by flightlead404

True. Its sort of a game of chicken. But you can bail out at low cost/risk if you get that far.

I’d rather avoid the whole mess personally but its an option.

As a lawyer I once used said, "There is no such thing as justice, there is only the law".

[SalingSue]

Whomever was in charge of the skirt that hit you.

[Davidla]

Originally Posted by Scott Berg

Yes, I think it's clear that the physical responsibility is on the Marina. That said, read your contract. I saw one so one-sided that if a marina employee hit you on the head with a hammer you were responsible for cleaning your blood off of it. Ask the marina one more time, fix your boat, and decide if moving would make life better...

In Australia such contracts are invalid and a waste of paper. What is problematic is there is little penalty for issuing such contracts, until a new piece of legislation is passed in 2021.

[boatpoker]

Any contract is only worth what the judge thinks it's worth.

[Nav4425]

That question, almost identical, is found in our Accident and Fraud Investigation Guide and exam. More common incident than one would think, just ask Yacht Brokers.
Great answers everyone.
Dr. Harper

[waynetmazan]

OK... here's how it works.... There is no settlement without threat of litigation...very simple fact.

[valhalla360]

Originally Posted by wholybee

Just a bit non-related information. I work across the street from this marina, and don't have a car. So moving isn't an option. Also, I will be returning to full time sailing/cruising in less than a year, so I'm not worried about renewing my annual contract.

I've brought to there intention, and they denied responsibility. I think the thing to do is have it fixed on my own dollar, then present them with a bill for reimbursement and a firmly worded letter. Maybe a post to their Facebook page if they don't cooperate. For the money involved lawyers and insurance companies aren't worth it. But I can still make it better for them to reimburse me than not.

This is very much related to how you approach it. If it turns into a pissing match, it's a far bigger burden if the owner tells you to get out of his marina.

What do you mean they "denied responsibility"?
- They claim they didn't hit your boat at all.
- They admit hitting your boat but are claiming they are not responsible for the repair.

If they claim they didn't hit your boat at all, unless you have evidence to the contrary, there isn't really anywhere to go with this.

I wouldn't bother posting to their Facebook page. They can simply delete the post. Go find marina review sites and start posting (do be careful to remain factual) just before you depart (assuming you never plan to return) and share the story with as many at the marina as possible.

Since you are unable to leave (reasonably), they hold the leverage.

[valhalla360]

Originally Posted by DanielI

Just curious, were they planning on telling you?

Maybe looking for the dark cloud around every silver lining, but unfortunately that would have been my first thought...

That was my first thought. Slap a little automotive bondo and a coat of bottom paint on it...then if it falls off a week after launch, they can play dumb...only thing is they were caught in the act.

[AndieKay]

Originally Posted by wholybee

This past weekend, at the marina's request, several boats were moved to different slips. One of these boats was disabled, and the marina staff moved it by pushing it with their fiberglass skiff.

During the maneuver, my boat was damaged. The boat they were moving was headed towards mine, the skiff got between us, and the skiff hit my boat, and made a dollar sized chip in the leading edge of my bow, down to where cloth is showing. It's small, but the only such damage on my boat.

The marina is denying responsibility, putting it on the owner of the boat they were moving, and setting up what is going to be a fight over a what is likely only a few hundred dollars to fix. I'd rather not start off that way with my new neighbor, and I feel it is the marina's responsibility, since it was the marina's staff that moved the boat, and the marina's skiff that actually hit my boat.

The person doing the driving is responsible. I suspect the marina is trying to make it too much hassle for you to bother with.