Crew of S/V 'Sanctuary' Abandon Ship

[boatman61]

Originally Posted by psneeld

yes...you get paid for preventing futher damage but within reason liable for further damage.

Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to the risk of injury and loss or damage to his equipment in order to salvage the property that is in peril. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship, plane, or other sunken property, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying a vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high order salvage receive substantially greater salvage award than those performing low order salvage.
In order for a claim to be awarded three requirements must be met: The property must be in peril, the services must be rendered voluntarily (no duty to act), and finally the salvage must be successful in whole or in part.
There are several factors that would be considered by a court in establishing the amount of the salvor’s award. Some of these include the difficulty of the operation, the risk involved to the salvor, the value of the property saved, the degree of danger to which the property was exposed, and the potential environmental impacts. It would be a rare case in which the salvage award would be greater than 50 percent of the value of the property salvaged. More commonly, salvage awards amount to 10 percent to 25 percent of the value of the property.
Private boat owners, to protect themselves from salvage laws in the event of a rescue, would be wise to clarify with their rescuer if the operation is to be considered salvage, or simply assistance towing. If this is not done, the boat owner may be shocked to discover that the rescuer may be eligible for a substantial salvage award, and a lien may be placed on the vessel if it is not paid.

Quoted

In this case if the claims been paid and the insurance company is not interested...
Your the proud new owner of a Beneteau....

[psneeld]

Originally Posted by boatman61

Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to the risk of injury and loss or damage to his equipment in order to salvage the property that is in peril. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship, plane, or other sunken property, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying a vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high order salvage receive substantially greater salvage award than those performing low order salvage.
In order for a claim to be awarded three requirements must be met: The property must be in peril, the services must be rendered voluntarily (no duty to act), and finally the salvage must be successful in whole or in part.
There are several factors that would be considered by a court in establishing the amount of the salvor’s award. Some of these include the difficulty of the operation, the risk involved to the salvor, the value of the property saved, the degree of danger to which the property was exposed, and the potential environmental impacts. It would be a rare case in which the salvage award would be greater than 50 percent of the value of the property salvaged. More commonly, salvage awards amount to 10 percent to 25 percent of the value of the property.
Private boat owners, to protect themselves from salvage laws in the event of a rescue, would be wise to clarify with their rescuer if the operation is to be considered salvage, or simply assistance towing. If this is not done, the boat owner may be shocked to discover that the rescuer may be eligible for a substantial salvage award, and a lien may be placed on the vessel if it is not paid.

Quoted

In this case if the claims been paid and the insurance company is not interested...
Your the pround new owner of a Beneteau....

Very good post...some counties and local courts may word things a bit differently but pretty close to my understanding...

I did at least 50 salvages this year with my assistance towing job...mostly at the dock but a dozen or so open water.

If the insurance company was smart they probably already filed some paperwork giving them first shot at the vessel if salvaged for at least a year or 6 months I would guess....

[boatman61]

Used to work winters servicing moorings in Poole for a friend of mine... quite a few boats wintered afloat on their moorings and we'd occasionally get a call to salvage a boat after a gale... usually aground.. but sometimes afloat and being slammed against a marina wall...
He'd usually have given/got a price before the off over the phone...
Its a real buzz at 2am in a F8 going out in a workboat in your wet suit and leaping across with a line...
Times like those you know your alive... just shake a lot afterwards....

[psneeld]

Originally Posted by boatman61

Used to work winters servicing moorings in Poole for a friend of mine... quite a few boats wintered afloat on their moorings and we'd occasionally get a call to salvage a boat after a gale... usually aground.. but sometimes afloat and being slammed against a marina wall...
He'd usually have given/got a price before the off over the phone...
Its a real buzz at 2am in a F8 going out in a workboat in your wet suit and leaping across with a line...
Times like those you know your alive... just shake a lot afterwards....

By then I've pissed my wetsuit so it's a warmup for a few minutes..

[Vasco]

Salvage is getting more and more difficult. Look at the cases where Spain claims ownership of galleons sunk eons ago.

[jimijams]

Here is where she was last tuesday, nov.22 @ 0930
36 42.95' N 65 15.42'W

[S/V Alchemy]

So is this boat still afloat with a SPOT or some sort of beacon functioning? Or was that a sighting?

[nv5l]

They were all sightings.

The boat is not sinking, at least not very quickly, although it may have seemed to have been under the circumstances.

As far as I know, spot requires daily activation.

[estarzinger]

Originally Posted by jimijams

Here is where she was last tuesday, nov.22 @ 0930
36 42.95' N 65 15.42'W

looks like a pretty classic gulf stream drift - 2/10kt to the NE

[S/V Antares]

Ok.. tough situation , bad weather, however... Mainsail was still in the cover and the only headsail was wraped up nicely. How much water? from where ?

[S/V Alchemy]

Originally Posted by nv5l

They were all sightings.

The boat is not sinking, at least not very quickly, although it may have seemed to have been under the circumstances.

As far as I know, spot requires daily activation.

True, but I thought the more recent ones were semi-automated.

Oh, crap, it's started snowing in Toronto.

[zeehag]

alchemy--even the more automated ones need to have daily button pushing and checking done-- batts only last 2-3 days.....i found the one i used required me to push the i'm ok button daily.

[SaltyMonkey]

Ahem. Maybe someone is still onboard. Whadda think about that?

[osirissail]

Originally Posted by S/V Alchemy

. . . Oh, crap, it's started snowing in Toronto.

See the Joke Thread - #1355

[rgesner]

Not that simple or as rewarding as you might think; read the Pure Salvage section here:
Marine salvage - Wikipedia, the free encyclopedia

Also, worth noting further down the page is how to protect yourself from salvage claims and leins if you find yourself in a situation requiring assistance.

Originally Posted by zeehag

depends on what the judge says when he sues ye after changing his mind as boat didnt truly sink.
do salvage rights belong only to salvors or is anyone "allowed" said rights, in which case--capt abandons ship at sea--salvage begins.