Insurance Claim or No?

[Terra Nova]

Originally Posted by amontyg

I was technically on watch, just taken my eyes off the bow to tidy some ropes or something...I hit is port aft side...

You ran into a boat while not watching where you were going and you have to ask who is at fault?

[Cadence]

It sounds to me like you are to quick to admit responsibility. If the other party started astern I would expect you should have heard his horn. I would not expect he was cruising astern.

[mvmojo]

From what you've said, if it were me I'd tell the guy that he's more at fault than you so he should pay for his repairs and you'll pay for yours. But, if you choose to pay him his $1,500, I strongly suggest you discuss with an attorney. He will probably advise you to get the other guy to sign a release stating that you are not in any way admitting fault and that in consideration of the sum paid he releases you from any past or future claim of damage related to the incident. Without that, he can take your money then claim that by paying him you admitted it was your fault, he discovered additional damage once he undertook repairs and sue your for more. He could also claim an injured back, neck, etc. and now you're talking real money! Best bet is to call your insurance company and discuss with them. They can advise you whether it is better to file a claim or settle it on your own if you want, and they can probably send you a release form if requested. You're paying them not only to repair your boat if it's damaged, but also to stand in front of you for any legal liability you incur up to your limit of liability on the policy. If you don't report it and he ends up suing you, your insurance company may not pay claiming you violated the terms of your policy by not reporting the incident.

[amontyg]

Originally Posted by Chas.7

Hello,
I don’t know about the insurance claims.
Please clarify, both are sail boats under motor? When you say, he reversed, do you mean his vessel was moving astern? Was it you intention to pass his vessel? You admitted you were not keeping a proper lookout. Did he fail to maintain a proper lookout? I’ve had many cases that were decided on the failure to keep a proper lookout.
I would just add the damage and divide by two.
Good luck,

Yes, both vessels were under power. I was moving forward and his vessel was moving astern. I had no intention of passing his vessel because only moments earlier his vessel was not in my way. I would assume that he did not have proper lookout, or he assumed that I would see him and slow/divert my vessel. Like I said, I had 4 people on the bow who didn't see that a collision was about to take place, but they were not necessarily tasked with that either.

[amontyg]

Originally Posted by Terra Nova

You ran into a boat while not watching where you were going and you have to ask who is at fault?

I'm not saying I have no fault, there definitely were things I could have done to prevent or mitigate the collision. But my question is who would an insurance company assign more fault to, and does that mean I should just settle it without involving them.

[captmikem]

No one seems to have mentioned you hit his port side while he was making sternway . In other words he came at you from your port side making who the give way vessel? Him. You were underway, so was he.

Nothing in the colregs about risk of collision WHILE making sternway, so technically he is making way astern coming at you from your port side.

Glancing down to do something does not mean you are not keeping a watch.

IMHO, I would give it to my insurance company and let them work it out.

M

[hellosailor]

As Contrail said, more or less. While the insurers may argue about right of way, apparently neither vessel was keeping a proper watch and neither took action to avoid the collision, they may just agree on 50-50 and end it there.

And in many (if not all) states, failure to report a 'motor vehicle' accident involving more than $400 (sometimes $1000) in damage is actionable in itself. So by all means...report it, unless you and the other owner BOTH want to shake hands and say "It is less than the amount of damage requiring a report" and put that in writing, with a straight face.

Learn from it, and move on.

[Terra Nova]

Originally Posted by amontyg

I was technically on watch, just taken my eyes off the bow to tidy some ropes or something. I actually had 4 people on the bow when we hit though, none of them apparently saw it coming...

Originally Posted by captmikem

...Glancing down to do something does not mean you are not keeping a watch...

"Glancing down"? No! Besides having placed 4 crew on the bow of his 32' sailboat, presumably blocking much of his view forward, this skipper was otherwise preoccupied with "tidying some ropes, or something", so he was not keeping a proper watch. Neither was his vessel under proper control at that time.

Had this collision resulted in personal injury I can assure you the findings would be much more serious than "the skipper glanced down."

[buzzstar]

Posters 2 & 9 are correct. Proportionate responsibility yet to be determined. Let the insurance carriers work it out. Always report accidents where there is any damage and/or injury, even if it is under any legal reporting requirements. You never know what may be claimed later. If you expect your insurance company to do its part, you need to do yours.

[Chas.7]

Hello,
I don’t know what your state requirements are about reporting this accident, but it does not come under the federal requirements. I would not report it to my insurance company. I would try to reach an agreement with the other vessel’s owner. If not, let him sue you. Your insurance company will have to defend you and the cost of the other owner to hire a lawyer is just not worth it unless he or his passengers were injured.
Good luck,

[Rumbottle]

The first consideration is liability. You are both to blame in the collision. Both parties are required to keep a proper lookout and both parties must take whatever action is necessary to avoid a collision. Liability will be apportioned, depending upon the actual circumstances of the collision. However, as stated above, both parties are definitely to blame.

The Collision is covered by Insurance. However the deductible, i.e the amount that you will have to pay before the Insurance clicks in, may be nearly as much as the claim. You will almost certainly lose your no-claim bonus so this must be considered.

The quantum of the claim is small. You may wish to advise the opponent that as he was proceeding astern in a waterway (unless he was berthing), did not make any sound signals and did not take action to avid the collision he is equally to blame, and endeavour to settle 50/50, with you paying 50% of his damage and he paying 50% of your costs. If you consider yourself more to blame you can negotiate (say 75/25).

The amount is not worth while involving lawyers so an amicable settlement is recommended.
Hope this helps.

[Chas.7]

Originally Posted by Rumbottle

The first consideration is liability. You are both to blame in the collision. Both parties are required to keep a proper lookout and both parties must take whatever action is necessary to avoid a collision. Liability will be apportioned, depending upon the actual circumstances of the collision. However, as stated above, both parties are definitely to blame.

The Collision is covered by Insurance. However the deductible, i.e the amount that you will have to pay before the Insurance clicks in, may be nearly as much as the claim. You will almost certainly lose your no-claim bonus so this must be considered.

The quantum of the claim is small. You may wish to advise the opponent that as he was proceeding astern in a waterway (unless he was berthing), did not make any sound signals and did not take action to avid the collision he is equally to blame, and endeavour to settle 50/50, with you paying 50% of his damage and he paying 50% of your costs. If you consider yourself more to blame you can negotiate (say 75/25).

The amount is not worth while involving lawyers so an amicable settlement is recommended.
Hope this helps.

Hello,
If you're interested in the federal Coast Guard reporting requirements please look up USCG form 2692.
Good luck

[captlloyd]

Originally Posted by Shrew

I honestly don't see how one vessel backing into a vessel underway would be construed as the vessel underways fault. If this were an automobile and the other driver were backing out of a parking space or a driveway, they would be at fault.

The fact that you crashed into his side should be irrelevant. I suspect he first blamed you as a minor intimidation method, then offered to settle cash to avoid what would be him potentially being found at fault.

I'd call my insurance company an explain the situation. Have them cover your damage, and have them tell his insurance company to pound sand. IF they feel they have a case, they will go after his insurance to cover their losses themselves.

(Enter the non-Americans to tell us about how litigious our society is).

I totally agree. He backed out in front of you. Boats can’t stop on a dime.

[thinwater]

Originally Posted by amontyg

I'm not saying I have no fault, there definitely were things I could have done to prevent or mitigate the collision. But my question is who would an insurance company assign more fault to, and does that mean I should just settle it without involving them.

Seriously, stop posting, for your sake.

[Cadence]

Originally Posted by thinwater

Seriously, stop posting, for your sake.