What if a latecomer anchors to close and hits you at night?

[Eric Jan]

Interesting post

An additional question from my side.

Lets say you are the first one to anchor but potentially throw out a 'ridiculous' scope... for example now, here, 35-40 meters on 2-5 meters (yes sometimes there is current).

To what degree / scope would the 'fault' move towards the first anchory?

[Franziska]

Originally Posted by Pete7

Absolutely, northern Germany in August would be preferable with a pleasant climate too.

No way. We're so happy to be down south. But Calabria and southern Peloponnes are less popular with the charter crowd as there are fewer islands.

[Franziska]

Originally Posted by Eric Jan

Interesting post

An additional question from my side.

Lets say you are the first one to anchor but potentially throw out a 'ridiculous' scope... for example now, here, 35-40 meters on 2-5 meters (yes sometimes there is current).

To what degree / scope would the 'fault' move towards the first anchory?

Interesting thought too. Not sure about the answer.

Btw. Are you French by any chance? I once met an Eric Jan in France.

[Eric Jan]

Originally Posted by Franziska

Interesting thought too. Not sure about the answer.

Btw. Are you French by any chance? I once met an Eric Jan in France.

No(pe) dutch, currently in portugal

[Zanshin]

Originally Posted by Franziska

...
Your still asleep. A little later their boat hits yours resulting in some damage on your boat.
...

You have AIS and can proof your arrival time by this and have photos of the anchorage which show the other boat was not there when you anchored.
...

Let's assume the other boat belongs to a charter company, your on your own boat.

This actually happened to me. A charter boat hit mine at anchor and while I was shopping while in Grand Case/St. Martin and then departed. A neighbouring cruiser took pictures of the collision. I had my AIS track (and theirs) at hand.

I called up the charter company and told them that I was going to the police for the hit-and-run case with damage to my boat. They went into panic mode, as they didn't want to deal with a police report and associated work.

They said they would fix my damage and then I had a talk with Corrado (the base manager) who then read the charterers the riot act and threatened that they would miss their flights because of the police report and hit-and-run. Neither he nor I had any intention of following through with that threat if they were rueful/apologetic.

So - if the other boat is a charter boat, then call up the charter company and threaten to follow through with a police report. I am fairly certain that you'll get satisfaction.

[rognvald]

"Never underestimate the power of a Schnook." Boris Badenov from Rocky and Bullwinkle
Rognvald

[PirateBarnabus]

I would shout over in the morning and apologise for the damage to his plastic boat and respectfully request that if he's going foolishly anchor too close to another boat, make sure that it's not a heavy duty steel one like mine.
😀

[Phil_Fr17]

Interesting post. It seems that with charters, the situation is pretty straightforward (if there are witnesses, traces).
But for a lout who runs off without leaving an address or an apology...
And as long as you're at least insured...

[SaltyMetals]

Happened to me a few years ago (no AIS at that time) when moored in the river Yealm on the quay near the HM in Newton Ferrers, Nr Dartmouth UK. Had gone to the pub with some friends only to return and find massive damage all along the toe rail and stanchions on the outer side of my boat. "Hit & Run" without leaving any address or contact. Fortunately a witness came forward as well as the HM so i had the evidence and name of the boat but no contact details. Tracked him down with the name of the boat and MCA with the SSR Registration. Took a long battle to get his insurance to accept and pay for the damage. Needed new stanchions and complete new toe rail to be fitted which was a nightmare bec all the internal cupboards and linings had to be removed in order to get at the underside of the toe rail bolts. Dont remember the cost but at least €5500/£5,000/$7,000. His insurance paid 100%.
Damage was caused bec the owner lost control, having chosen the fastest period for the ebb current in the river. Never rcd any apology.....
Andrew

[GregGarner]

I read that putting out a black anchor ball when you anchor can help your case if you get hit at anchor.

I see a very few others put this ball out, and probably a lot don't even know what it means. I have noticed that larger boats are more likely to put it up at anchor.

I like to put it out as part of my anchoring process.

Greg Garner

[Zanshin]

@GregGarner - I never anchor without hoisting my day shape for that very reason. While I rarely see private boats display the day shape, every single commercial vessel (including cruise ships) and all professionally crewed yachts do so. While many here disparage the use of black balls as day shapes, I'll stick to emulating what the true professionals do.

If the OP wasn't using a day shape or an all-round white light at night, then perhaps that might open up a case for partial fault... but that isn't the topic on this thread

[Phil_Fr17]

The daytime mooring ball AND/OR the mooring lights must be installed and active. Here in France, we've had a few insurance companies asking if the ball was in place. If it isn't, too bad you've forgotten, because you're not insured as an anchored boat, but as one that's making headway.
Of course, you have to proven with a photo or whitness you have the black ball on AND visible (ColReg).

[Rigdaddy]

Originally Posted by GregGarner

I read that putting out a black anchor ball when you anchor can help your case if you get hit at anchor.

I see a very few others put this ball out, and probably a lot don't even know what it means. I have noticed that larger boats are more likely to put it up at anchor.

I like to put it out as part of my anchoring process.

Greg Garner

Very good point. It has slipped my mind since I lost mine a while back, (long story, painful). I'll have to replace it.

[Phil_Fr17]

I had rented a catamaran in Martinique with skipper, as my level on this type of boat was low at the time. At the first anchorage, no problem until I asked him where the mooring ball was. Luckily, we were still in Martinique. I went to buy one in Le Marin, as there was none on board, “useless”, the other boats are also charters he told me. I told him I didn't want to mess with the insurance and get my deposit back...


Indeed, all along the promenade and the anchorages up to Union, no one was putting the mooring ball on...

[JimmyDarci]

Many jurisdictions allow “one party audio”. Turn on your recorder (on your cell phone) or video the damage with volume up. Approach the other party for a “discussion” while recording the conversation. This is legal in many jurisdictions as it is your conversation. They may freely admit that they hit you or that they anchored when they were exhausted or something else helpful.

Also, report the collision to local jurisdiction of law enforcement immediately or as soon as possible. This creates a record your insurance company will appreciate. It tends to validate the claimed collision.

I was a lawyer in another lifetime and have used both of these techniques to advocate for former clients. Hope you never need to use a boat lawyer but that is a good step three when (and if) your insurance company starts jerking you around.

Also - read your own insurance policy before you report it to the insurance carrier. The concept that insurance covers colllisions is often in the details of what your policy says.

Had a guy take the side of our boat coming into a gas dock. Needed touch up. He apologized and gave me a few hundred for paint (and a six pack to assuage my irritation) on the spot. I mention this because depending on damage, often better to simply work it out and repair it later. Be kind to your fellow boaters and avoid insurance and lawyers where possible. We all screw up occasionally. Old adage from my lifetime sailor grandfather circa 1950: “Son there are two kinds of boaters: those who hit something once in a blue moon and those who lie about it. Do the right thing out there.”