Insurance Claim or No?

[amontyg]

A couple weeks ago I had an accident out on the water between by Ericson 32 and a Catalina 30. It was dusk, and I was headed out into open water after a weekly raft up, and the Catalina 30 reversed into my path. I was not necessarily looking straight ahead as I was headed out into open water, but it may have been preventable had I been looking. The collision caused minor damage on my vessel, but broke lose the side rail on the Catalina.

The owner is claiming that I am at fault, but I honestly do not know who would be liable in this situation. I have a few questions for the crowd as this is my first collision on a boat.

1. Would the Catalina be at fault since they moved into the path of a vessel already underway, or would I be at fault because my vessel technically had the most control?

2. The owner of the other vessel has offered to settle without insurance for $1500. Is this a good idea, or should I just allow insurance to handle the payment?

3. Will filing a claim of this type cause my insurance policy to be cancelled or significantly raise my rates?

Thanks to all for your help.

[a64pilot]

Simple answer I believe is your both at fault.
I have no idea if it would affect your Insurence or not, do what you think is correct.
I’d call, but seeing as how a few weeks have gone by, that may be hard to explain.

[Tingum]

What were the relative positions of the involved vessels? Saying you were not paying attention puts you in the area of not having anyone on watch. In most disputed situations the Coast Guard has a history of finding both operators at fault.

[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.

I was heading straight forward, and he was backing up out of the raft up into my path. I hit is port aft side as he was reversing.

[billknny]

In any accident like this, both boats are at fault for violating various ColReg rules.

For example, did the other skipper sound three blasts of his horn indicating his engines were in reverse? I'll bet not. He obviously did not have a suitable lookout, or maybe he did see you coming and decided he was going to just ram you because you did not get out of his way?

On the other hand, even as the stand on vessel, you are required to take action to avoid the collision. The fact that you neither took action nor sounded the 5 blast danger signal indicates you were not keeping a satisfactory lookout. This is not like finding fault in an automobile accident. In virtually EVERY case both skippers are at fault.

His claim that you are completely "at fault" because you did not get out of his way is patently silly.

What does he say he is going to do if you do not pay him off with the $1500? Sue you? Was an accident report filed with the authorities at the time? In most US states $1500 of damage would be more than enough to trigger a mandatory police report. If you suspect trouble, you should file one on your own. Better late than never, and it sets up something for him to have to explain why he did not.

Different insurance companies have different ways of handling a minor accident like this. Some will not renew, others are more realistic and understand that sometimes, stuff happens. I am sure $1500 is under the deductible for everybody involved. He can not force you to file a claim. All he can do is sue you.

There is a real benefit to telling your insurance company about an accident right away, even if you never intend to file a claim. It saved my bacon when a grifter tried to wildly inflate minor damage. Fortunately I had already submitted photos and description of the issue to the insurance company and they denied his bogus claims and thanked me. His insurance company canceled HIS insurance because who wants someone known to be an insurance scammer as a customer? Sometimes it DOES work out like it is supposed to...

[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).

[Calif.Ted]

How much damage to your boat ? A collision that does $2000 in combined damages is required to be reported to the state by both state and fed law.
In this case you are both at fault and the whole thing could be argued until the cows come home without resolution without a full blown adjudication. Insurance companies not interested in spending more in arbitration than the claim. Best is probably each party handle their own damages and probably what insurance companies will suggest. If he doesn't like it he'd have to sue in small claims and that ain't worth anybodies time.
Accident Reporting

[Empty Pockets]

Colregs rule 34? Did he signal he was backing? If no, might help your case. If yes, and you still hit him, maybe not...

[contrail]

You were not keeping a proper watch and failed to avoid a collision.

He was not keeping a proper watch, failed to avoid a collision, failed to signal that he was reversing from the raft-up, and was the give way vessel, as well.

If the blame is assigned proportionately, as I believe is usually the case, he is more to blame than you.

I would file my report, for all the reasons already mentioned, and tell him to shut up, as he is more to blame. If it goes to court, I think you are better off than he.

Best of luck.

[amontyg]

Thanks to all for your replies, it sounds like the best course of action may be to just handle it through insurance.

I am a bit worried that my insurance will be cancelled or not renewed, but I suppose there are many companies to insure through.

[Calif.Ted]

I am a bit worried that my insurance will be cancelled or not renewed, but I suppose there are many companies to insure through.


Nah, small potatoes for insurance company, I've seen them write checks for 1/2 million without blinking. Don't do it again however.

[old frog]

Intentionally failing to notify your insurance carrier of a reportable loss occurrence & demand from the other involved party may cause you more problems with the insurance carrier than the (relatively minor) loss. Most policies require prompt notification to the carrier. Failing to do so...., well, is not wise. Besides, you have already announced the accident in a searchable public forum. Keep your life simple & report the loss.

[SVTwilight]

Originally Posted by billknny

In any accident like this, both boats are at fault for violating various ColReg rules.



For example, did the other skipper sound three blasts of his horn indicating his engines were in reverse? I'll bet not. He obviously did not have a suitable lookout, or maybe he did see you coming and decided he was going to just ram you because you did not get out of his way?



On the other hand, even as the stand on vessel, you are required to take action to avoid the collision. The fact that you neither took action nor sounded the 5 blast danger signal indicates you were not keeping a satisfactory lookout. This is not like finding fault in an automobile accident. In virtually EVERY case both skippers are at fault.



His claim that you are completely "at fault" because you did not get out of his way is patently silly.



What does he say he is going to do if you do not pay him off with the $1500? Sue you? Was an accident report filed with the authorities at the time? In most US states $1500 of damage would be more than enough to trigger a mandatory police report. If you suspect trouble, you should file one on your own. Better late than never, and it sets up something for him to have to explain why he did not.



Different insurance companies have different ways of handling a minor accident like this. Some will not renew, others are more realistic and understand that sometimes, stuff happens. I am sure $1500 is under the deductible for everybody involved. He can not force you to file a claim. All he can do is sue you.



There is a real benefit to telling your insurance company about an accident right away, even if you never intend to file a claim. It saved my bacon when a grifter tried to wildly inflate minor damage. Fortunately I had already submitted photos and description of the issue to the insurance company and they denied his bogus claims and thanked me. His insurance company canceled HIS insurance because who wants someone known to be an insurance scammer as a customer? Sometimes it DOES work out like it is supposed to...

Second all that!

[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,

[thinwater]

If a perfect watch had been kept by the Ericson, would it have been possible to avoid the collision? This is not clear to me, since boats don't stop or turn on a dime. In other words, stating that you did not see the boat at first may be irrelevant. The same can be true in a parking lot. Not enough information.



On the other hand, if the Ericson was maneuvering that close to a raft-up, there is no reason to look away. This is parking lot driving or in-marina driving. At the same time, you don't back out of your slip if there is ANYONE coming up the fairway. You wait.



Sounds to me like they should each lick their own wounds and learn from it. I'm sure we have all made driving mistakes.