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blueazimuth · 23-11-2016, 15:21

Sorry to hear of your loss. Bummer.
The only thing I can add to the other comments is, if you decide to get an attorney, make sure it's a marine attorney aka admiralty attorney. Boats and water rights are very different from land rights. A regular lawyer may want to take your case, and there is no harm in talking to a non admiralty lawyer, or several but, IMHO that is a dumb way to go. And never, ever sign anything with him / her without sleeping on it.
Best of luck.

old frog · 23-11-2016, 15:24

Quote:

Originally Posted by VAGABOND47

I am not feeling as kindly as the previous posters. Karma is creeping up on you, teaching you that you have to play by the rules and carry insurance. If both of you were properly covered, as is required by most marinas, you would have no worries. Personally I have had to deal with two uninsured boaters damaging my boat and I have NO patience for it. Quite honestly I hope that your neighbors were as concerned about their fellow boaters as you, and carried no insurance. Neither of you should have been able to utilize facilities for dock space while uninsured and you are getting what you deserve.
Please, stay on dry land until you can play by the rules that the rest of us responsible vessel owners are forced to pay for.

Assuming your insurance carrier provided uninsured boater's coverage, it sounds that you got your premiums worth from your policy. Fortunately for you, you chose to have insure (presumably with a reputable carrier). It was the OP's choice to self-insure.

Kenomac · 23-11-2016, 15:37

Quote:

Originally Posted by MarkSF

Struggling to understand why you didn't take him to small claims court for the damage to your car.

I think I already mentioned that the stormy high winds are considered an "Act of God" here in Massachusetts, so I would have been wasting my time in small claims court. Not his fault the wind blew his shingles onto my car, just like here in Massachusetts, it's God's fault when it snows and there's ice on the sidewalk. No slip and fall cases.

cburger · 23-11-2016, 16:26

Thank those of you who could find some kind words to write and offer constructive advise, am truly heartbroken, to the gentleman who inquired the vessel in indeed Moon Dance from Stony Point, I am happy to hear you went on to own a Westsail.

To all who critisized the non insurance issue, the vessel was always insured, however I just bought out my partner and through an oversight the policy lapsed.

I have taken many pictures of damage, called my lawyer, contacted the marina manager and am seeking a qualified marine inspector to provide an estimate of costs involved with repairs.

My wish is that all have a wonderful Thanksgiving with the ones they love.

Peace

SV DestinyAscen · 23-11-2016, 16:28

Quote:

Originally Posted by cburger

Thank those of you who could find some kind words to write and offer constructive advise, am truly heartbroken, to the gentleman who inquired the vessel in indeed Moon Dance from Stony Point, I am happy to hear you went on to own a Westsail.

To all who critisized the non insurance issue, the vessel was always insured, however I just bought out my partner and through an oversight the policy lapsed.

I have taken many pictures of damage, called my lawyer, contacted the marina manager and am seeking a qualified marine inspector to provide an estimate of costs involved with repairs.

My wish is that all have a wonderful Thanksgiving with the ones they love.

Peace

Way to take it standing like a champ - hope you get restitution and some good news for the season

Tayana42 · 23-11-2016, 16:44

cburger, despite the pain you are feeling from the damage to your boat you are showing a generous spirit to all of the forum commenters. I hope you find a way to be made whole again. Happy Thanksgiving to you.

RaymondR · 23-11-2016, 20:33

I carried third party liability with Club Marine for years then received a notification that they required a very full, out-of-water survey to a detailed form they provided and was given a list of six surveyors they found acceptable to carry out the survey.

Since there was no way the boat was going to pass the required survey and the cost of it was the equivalent of three or four years of the premiums I allowed the insurance to lapse.

Since every pest I have ever had aboard the boat (mice, rats, bed bugs, cockroaches, marine safety officers) came aboard the boat whilst it was in a marina I don't particularly miss having the insurance. However I do tend to anchor very carefully these days. (I have bought a GRP boat to replace the steely I now own and have fully insured it)

Some times there are reasons other than stinginess for not having insurance.

Uncle Bob · 23-11-2016, 20:54

Quote:

Originally Posted by RaymondR

I carried third party liability with Club Marine for years then received a notification that they required a very full, out-of-water survey to a detailed form they provided and was given a list of six surveyors they found acceptable to carry out the survey.

Since there was no way the boat was going to pass the required survey and the cost of it was the equivalent of three or four years of the premiums I allowed the insurance to lapse.

Since every pest I have ever had aboard the boat (mice, rats, bed bugs, cockroaches, marine safety officers) came aboard the boat whilst it was in a marina I don't particularly miss having the insurance. However I do tend to anchor very carefully these days. (I have bought a GRP boat to replace the steely I now own and have fully insured it)

Some times there are reasons other than stinginess for not having insurance.

Raymond, club marine did you a favour. A boat that they insured ran into mine after breaking it's mooring, yep you guessed it, act of god so F off.

**JPA Cate** · 23-11-2016, 22:12

Repeat after me: the job of the insurance company is to make money for the stock holders.

The corollary to that is that we have to know what is covered, when, and what is excluded and when. Sometimes you find an adjustor who will work generously with you, but the only safe role is to really know what you own in the way of your policy.

Cburger, thank you so much for telling us how you're proceeding, and also for the generous Thanksgiving wishes. This must be a really difficult time for you. I do hope you can fix her.

Ann

VAGABOND47 · 23-11-2016, 22:38

Quote:

Originally Posted by Hoosiersailor

Rules? Exactly what rules are you referring to?

Edit: Disregard....I found the answer to my own question in your past posts.

Jeez Hosier,
I guess that by your response while sailing the seas of Indiana that you believe that you are above the rules of the country in who's waters you might find yourself. Thankfully, you are minority.
If you were attempting to have me apologize for my US Coast Guard duty, or my opinion, your attempt was unsuccessful.
Cburger does have my sympathy for damage to the vessels, and I totally understand the lapse in coverage, but Cburger may probably in the long run agree with and emphasize my opinion to others. Cover your ass, because others will not. I personally love my boat and will go without if need be to make sure she is protected, probably why I have a completed solo circumnav with no claims. My msg to Cburger was not to belittle, it was to instill the fact that being uninsured leaves anyone liable to cover the cost of any vessel or property, or lives lost with CASH.
Enjoy sailing those seas there on the Wabash Hosier, see you on the big water one day. Keep them cards and letters coming.

rwidman · 24-11-2016, 07:11

Quote:

Originally Posted by Ann T. Cate

Repeat after me: the job of the insurance company is to make money for the stock holders. .............

Just like any other company. Insurance companies sell a product. It's up to the buyer to make sure the product is suitable for his or her needs.

Dave22q · 24-11-2016, 07:31

Bad situation. The situation made me want to check my policy for uninsured coverage. The Boat US policy seems to cover it but specifically limits it to 'collisions'. I have seen one of those where a burning boat drifted into a neighbor's docked boat. I'll have to call them Monday because wind blown debris could spread a fire without a 'collision'.

cburger · 27-11-2016, 09:16

Was very depressed and angry about all of this and last week being Thanksgiving I concentrated on work and didn't go into the Maria office. Yesterday "Saturday" I spoke with the marina manager who is indicating the the owner of the powerboat that burned has been unreachable, his phone disconnected and has made no effort to contact the marina. At this point I requested information on the owner, name, type of boat, insurance policy, etc. and was provided with a questionnaire that new customers are required to fill out. All I can say is the information is pretty scratchy no street address, po box (Which makes sense if he is a livaboard), a line that indicates his carrier is Boats US. When asked for a copy of his insurance certificate none is available.

I attempted to call owner, text message and email him with no response. The marina is owned by the local township and leased to an operator. I know that opinions are like " " but I have a friend who makes his living repairing boats and working with insurance companies and indicates that the marina owner is ultimately responsible.

So my lawyer has been contacted and will hire an independent accessor to determine costs to repair and hunker down in anticipation of a long struggle.