Hit by the Custom & Border Control Boat...

[Syserenity]

On Monday I came up the ICW from Port Isabel to Port Mansfield. At the altitude of Port Mansfield I got aboarded by the US Custom & Border Control. They asked me if it was ok to aboard the boat and I invited them to do their job. So, the Guy approached me coming from the stern, portside. The sea was already rough because of some gusts and he smashed into my hull and I heard some nasty creacks. He didn´t even mentioned something about and I am not sure, if the Hull can take that or not. I looked over and over the spot and cannot see anything.

In case of having some problem next with my hull, should and can I make US Custom & Border Control liable for eventual damages on my hull, or is this just a "comes with visit" situation? Who´s got experience with American Authorities?

[Rakuflames]

Originally Posted by Syserenity

On Monday I came up the ICW from Port Isabel to Port Mansfield. At the altitude of Port Mansfield I got aboarded by the US Custom & Border Control. They asked me if it was ok to aboard the boat and I invited them to do their job. So, the Guy approached me coming from the stern, portside. The sea was already rough because of some gusts and he smashed into my hull and I heard some nasty creacks. He didn´t even mentioned something about and I am not sure, if the Hull can take that or not. I looked over and over the spot and cannot see anything.

In case of having some problem next with my hull, should and can I make US Custom & Border Control liable for eventual damages on my hull, or is this just a "comes with visit" situation? Who´s got experience with American Authorities?

Sheeesh!!! Haven't they heard of ... fenders???

I'm glad you reported this. If this happens to me, I will insist that they protect my boat adequately. I lost my old boat because I was too new and naive to realize that the guys hip-towing me (a hip-tow I didn't even need) should have used fenders. My poor old Irwin just couldn't take it, and Irwins are known for having deck joint problems anyway. The deck ended up separating from the hull, and I had to have her scrapped. Sniff -- I loved that little boat and I still miss her. I had replaced her and had her for sale when that happened. I had to pass her on but I didn't want to put her to sleep.

[letsgetsailing3]

I think it makes sense to insist the coast guard use fenders or provide your own.

As for trying to hold the coast guard responsible for damage -- good luck with that. You would have needed visible damage when they were there, not invisible damage after they're gone.

No differently than any other mishap with any other boat.

[Rakuflames]

Originally Posted by letsgetsailing3

I think it makes sense to insist the coast guard use fenders or provide your own.

As for trying to hold the coast guard responsible for damage -- good luck with that. You would have needed visible damage when they were there, not invisible damage after they're gone.

No differently than any other mishap with any other boat.

I would insist that they use theirs. They are the ones who are highly skilled at this and do it all the time -- not me. My boat is not big enough to hold a bunch of big, stout fenders on the off chance that the CG will want to board me in rough water.

I think it would also put the liability for a poorly executed tie-up more on them.

Welcome aboard. Have a soda. But do it right.

[DeborahLee]

You are the captain of your vessel and responsible for its safety and the safety of the crew. If the weather was rough then its permission denied. you can always follow them to a safe harbor and if they insist on boarding they do so at their risk and responsibility.

[Rakuflames]

Originally Posted by DeborahLee

You are the captain of your vessel and responsible for its safety and the safety of the crew. If the weather was rough then its permission denied. you can always follow them to a safe harbor and if they insist on boarding they do so at their risk and responsibility.

VERY good suggestion. Thank you! I love this place.

[Syserenity]

Originally Posted by DeborahLee

You are the captain of your vessel and responsible for its safety and the safety of the crew. If the weather was rough then its permission denied. you can always follow them to a safe harbor and if they insist on boarding they do so at their risk and responsibility.

The officer asked me if they can come aboard. As a foreigner I am I don´t know if I can deny this aboarding. And since I don´t want to go for hours and/or days into troubles with them, because I don´t hide anything, I give themn the permission. How can I know he did not knew how to steer his boat and not using fenders?
For the next time I will follow your suggestion and deny the access. If I go in, may I have your phone number to bail me out?

[Rakuflames]

Originally Posted by Syserenity

The officer asked me if they can come aboard. As a foreigner I am I don´t know if I can deny this aboarding. And since I don´t want to go for hours and/or days into troubles with them, because I don´t hide anything, I give themn the permission. How can I know he did not knew how to steer his boat and not using fenders?
For the next time I will follow your suggestion and deny the access. If I go in, may I have your phone number to bail me out?

No one said you should deny boarding, and as a foreigner, it would probably blow up in your face.

What was said was to ask the CG to follow you to a safer place. Pull into a sheltered cove, or a nearby dock, a nearby marina, etc.

[letsgetsailing3]

Originally Posted by DeborahLee

You are the captain of your vessel and responsible for its safety and the safety of the crew. If the weather was rough then its permission denied. you can always follow them to a safe harbor and if they insist on boarding they do so at their risk and responsibility.

Great answer.

[delmarrey]

Originally Posted by Rakuflames

No one said you should deny boarding, and as a foreigner, it would probably blow up in your face.

What was said was to ask the CG to follow you to a safer place. Pull into a sheltered cove, or a nearby dock, a nearby marina, etc.

The problem with this is once the CG approaches they do not want anyone to go below, so one can't hide stuff and for security reasons.

You should have insisted on them not coming in contact with your boat unless they have one of those inflatable type speed demons. Also you should have complained about the sudden impact with your boat and had them document it in their records.

[rivonia]

I realy feel for this guy. Give a little sypathy fellows. He is a foreigner and scared shitless of authority. Just imagine one of you being in a different country and the officials ask to come aboard?

Of course it is the correct thing to say YES but please be very carefull of my yacht.

[letsgetsailing3]

Originally Posted by Syserenity

The officer asked me if they can come aboard. As a foreigner I am I don´t know if I can deny this aboarding. And since I don´t want to go for hours and/or days into troubles with them, because I don´t hide anything, I give themn the permission. How can I know he did not knew how to steer his boat and not using fenders?
For the next time I will follow your suggestion and deny the access. If I go in, may I have your phone number to bail me out?

To be honest, I would have done the same thing you did.

But I think you'd be well within your rights to insist on them using fenders.

[David_Old_Jersey]

Thanks to this thread I now have a good excuse reason for not always bringing in my fenders .

Not to say that we get much US Customs etc activity over this side of the world - but always good to be prepared .

[Group9]

Originally Posted by Syserenity

On Monday I came up the ICW from Port Isabel to Port Mansfield. At the altitude of Port Mansfield I got aboarded by the US Custom & Border Control. They asked me if it was ok to aboard the boat and I invited them to do their job. So, the Guy approached me coming from the stern, portside. The sea was already rough because of some gusts and he smashed into my hull and I heard some nasty creacks. He didn´t even mentioned something about and I am not sure, if the Hull can take that or not. I looked over and over the spot and cannot see anything.

In case of having some problem next with my hull, should and can I make US Custom & Border Control liable for eventual damages on my hull, or is this just a "comes with visit" situation? Who´s got experience with American Authorities?

If that happens again, ask for a federal tort claim form (SF-95). All federal agents should carry that form with them. Ask them for their names, and then submit the form to their agency. Most of the time, unless it looked like outright fraud, my agency would just write a check.

If you think you had damage, it's still not too late (there is a six year statute of limitations on most claims against the United States).

[Rakuflames]

Originally Posted by Group9

If that happens again, ask for a federal tort claim form (SF-95). All federal agents should carry that form with them. Ask them for their names, and then submit the form to their agency. Most of the time, unless it looked like outright fraud, my agency would just write a check.

If you think you had damage, it's still not too late (there is a six year statute of limitations on most claims against the United States).

Wouldn't be a bad idea to have someone look at the boat and make sure it wasn't damaged. the amount of knowledge here is amazing.