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Sand crab · 18-02-2016, 17:58

I got a call Monday morning from the marina owner about an accident involving a 148' ship and 4 boats tied to the dock including mine. A business operates Alaska cruises and keeps his 2 boats there for the winter while doing maintenance. He was pulling out for a bottom job and had an engine malfunction which caused him to sideswipe our boats. Because I have a 24' beam I took the brunt of it. He ran into the back of my port ama which tore a line loose and then my starboard ama was riding on top of the dock and knocked down a power pedestal and skewered the fiberglass dink attached to the motorboat in front of mine. Being a tri my boat has 6 points and he damaged 5 of them. He also tore off a section of my aft railing and some scrapes here and there. I'm pretty sure it was all superficial dings but will require some work and a haulout.The guy was a really good guy and we sat down and worked out a figure and he wrote a check. And checks for the other 3 boats, too.
I actually feel pretty good that it worked out so smoothly.

PS: That's one tough little tri.

tp12 · 18-02-2016, 18:02

Wow, that's a great result. Still a pain in the bum as you've got to get the work done now but a lot better than it could have been. I'd buy a lottery ticket if I was you 🙂

Sent from my iPhone using Cruisers Sailing Forum

Cavalier MK2 · 18-02-2016, 18:28

A friend's Piver fended off a 100' plus derelict tug up in BC during a storm. The ama was repaired on the beach but the tug owner was trying not to pay anybody.... Tris are tough but there are limits for sure. Please don't try to find them.... and consider a different location.

jdazey · 18-02-2016, 21:11

You know, Sand Crab, you're having way too many adventures with your new boat. I hope things settle down and you can get out sailing.

Cheers,
Joe

Sand crab · 19-02-2016, 06:06

Quote:

Originally Posted by jdazey

You know, Sand Crab, you're having way too many adventures with your new boat. I hope things settle down and you can get out sailing.

Cheers,
Joe

Actually I did go sailing last week. We did about 7.6 knots in that much wind. We practiced tacking and jibing and I'm feeling pretty comfortable on the boat now. This Saturday is supposed to be nice so I'll be out there again.

The boat is still seaworthy despite the trauma. I have to pet sit 3 dogs and 4 cats in Portland in March and after that I'll sail to Port Townsend to fix everything.

bsurvey · 19-02-2016, 07:28

1. you must put the vessel owner on written notice that there is damage to you vessel as a result of the allision
2. the USCG must be involved as its a marine casualty and they need to complete a 2692. there will also be an investigation. contact the local USCG and ask for the incident number. you can request the report when completed under the freedom of information act
3. you need to have a surveyor representing your interests determine the nature and extend of the damage.
the surveyor needs to contact the vessel owner so that their surveyor can attend as this will be a joint survey.
4. you need to get the field survey from the surveyors once they agree on the nature and extent of you damage and take that to a boat yard and have the work estimated as a firm bid for repair.
5. you will then send a copy with your request for payment in full to the vessel owners.
if you have insurance you may want to notify them as they may provide survey services.

the cost of your surveyors time is part of your claim.

if all this fails and they refuse to pay, you can take them to small claims court for the maximum allowed. once you win the judgment, you can attach a lien on the vessel. you will need an attorney for this but once you have won the judgment the attorney will take the matter on a contingency, usually 30%, but at this point its a slam dunk. it just gets added to the claim. so you are out of pocket nothing.

hopefully it won't come to that

SniperSailor · 19-02-2016, 07:28

Personally, I would never accept a final payout until after the repairs were completed. You never know what damage may not be showing.

Xthewater · 19-02-2016, 07:42

Quote:

Originally Posted by bsurvey

1. you must put the vessel owner on written notice that there is damage to you vessel as a result of the allision
2. the USCG must be involved as its a marine casualty and they need to complete a 2692. there will also be an investigation. contact the local USCG and ask for the incident number. you can request the report when completed under the freedom of information act
3. you need to have a surveyor representing your interests determine the nature and extend of the damage.
the surveyor needs to contact the vessel owner so that their surveyor can attend as this will be a joint survey.
4. you need to get the field survey from the surveyors once they agree on the nature and extent of you damage and take that to a boat yard and have the work estimated as a firm bid for repair.
5. you will then send a copy with your request for payment in full to the vessel owners.
if you have insurance you may want to notify them as they may provide survey services.

the cost of your surveyors time is part of your claim.

if all this fails and they refuse to pay, you can take them to small claims court for the maximum allowed. once you win the judgment, you can attach a lien on the vessel. you will need an attorney for this but once you have won the judgment the attorney will take the matter on a contingency, usually 30%, but at this point its a slam dunk. it just gets added to the claim. so you are out of pocket nothing.

hopefully it won't come to that

Years of your life, tons of aggravation dealing with bureaucrats and lawyers as they play their endless games, $1000s of out of pocket and maybe, just maybe, you'll get some of it back. It's a mugs game!

rwidman · 19-02-2016, 07:48

Quote:

Originally Posted by SniperSailor

Personally, I would never accept a final payout until after the repairs were completed. You never know what damage may not be showing.

I agree. There may be a reason for the quick payoff. You should have a qualified expert examine the boat for hidden damage. Also, the CG must be notified if the damage is over a certain figure. I think it's $500 but I could be wrong.

BTW: $500 might not even cover gelcoat scratches any more.

Sand crab · 19-02-2016, 07:59

I am about 52 miles from a haulout (24' beam!) to do the complete out of water damage survey. The local surveyer wants $600 plus travel time even though he's only 20 miles away to do an in water damage survey. We just negotiated a settlement signed a release and went on with our lives. I deposited the check yesterday. I'm done with that part. The boat was only dinged up. No cracks in any structural areas or at all and no water ingress.

The hard part will be getting the boat to Port Townsend and arranging for a ride back and then driving back up there for repairs which is about 1 1/2 hours each way. I'm looking at that part as an adventure!

Edit: Ron the settlement was way more than $500 and was almost 25% of the value of the boat.

rwidman · 19-02-2016, 08:10

Quote:

Originally Posted by Sand crab

............ Edit: Ron the settlement was way more than $500 and was almost 25% of the value of the boat.

That should cover any hidden damage but it also makes me wonder why the guy was so quick to offer you a check. It's almost like he's trying to hide something.

But, that's not your problem. I would check to see if you are supposed to file a report with the USCG.

BTW: If nothing else, you could rent a car for the trips.

Don1500 · 19-02-2016, 08:25

Quote:

Originally Posted by SniperSailor

Personally, I would never accept a final payout until after the repairs were completed. You never know what damage may not be showing.

Never sign a release without a survey. Of course the owner of the at-fault boat would do it, it's in his best interest, gets him off the hook. Next month when the fiberglass fails and soaks up half the Pacific he won't have to answer for it. Invisible hairline cracks today will be trouble tomorrow.

Also, if the surveyor misses anything your insurance will cover it.

**newhaul** · 19-02-2016, 08:41

Dang Bob you don't seem to have any luck at all, these days. I will trade spots with you if the marina will let us I'm only 8 ft abeam.

Sand crab · 19-02-2016, 08:50

Newhaul remembers that I had another damage issue from high winds back in November. The boat was insured and I received a check for the damage for that that I still haven't fixed. So now I get to fix both with just the one haulout ($510) and associated hassle. I'm hoping to do all the work and have some left over. It's crazy but I had 2 incidents and have received checks for almost 1/2 the value of the boat.