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

[Franziska]

Hi,



it has not happened to us, but, it might. Let's assume European law.

You are at anchor with reasonable amount of scope in a small anchorage which is not full.

Some folks anchor some go in the few moorings also present.



You go to bed and someone shows up and anchors way to close.

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.



How do you approach this?
Let's assume the other boat belongs to a charter company, your on your own boat.

[leecea]

I would imagine you get what info you can about the other boat, contact your insurance company, report the situation, and ask how to proceed. I'd assume that the charter boat crew would say they anchored at a safe distance and you must have dragged or somehow contributed to the incident.

[Dockhead]

It's the responsibility of a vessel anchoring later to anchor in a way which prevents the vessel from swinging into yours.


That's maritime law according to the English cases I've seen. Don't know about European law, but I wouldn't expect it to be different.

[Franziska]

Originally Posted by Dockhead

It's the responsibility of a vessel anchoring later to anchor in a way which prevents the vessel from swinging into yours.


That's maritime law according to the English cases I've seen. Don't know about European law, but I wouldn't expect it to be different.

That's how I see it too. Still wonder how to practically proof it and act. If they run I guess one calls the coast guard.

[boatman61]

I would suggest you call the Policia Maratimo..

[Love2 boat]

While you are asleep a boat hits yours which causes damage and you do not wake up?


Not sure you can prove anything unless the boat is still on your boat.


You can assume it was the boat that hit you but without evidence - paint chips, video camera, eye witness account - it could have happened the day before and you just noticed now. Seems you are a heavy sleeper and perhaps you did not notice the damage previously.

[sailorboy1]

Originally Posted by Dockhead

It's the responsibility of a vessel anchoring later to anchor in a way which prevents the vessel from swinging into yours.


That's maritime law according to the English cases I've seen. Don't know about European law, but I wouldn't expect it to be different.

Yes, but not going to be much help in remote anchorage

[Franziska]

Originally Posted by Love2 boat

While you are asleep a boat hits yours which causes damage and you do not wake up?


Not sure you can prove anything unless the boat is still on your boat.


You can assume it was the boat that hit you but without evidence - paint chips, video camera, eye witness account - it could have happened the day before and you just noticed now. Seems you are a heavy sleeper and perhaps you did not notice the damage previously.

Surely I'd wake up and spring to action. I am just wondering how others treat these situations and if my thought and gut feeling that the late comer is at fault is correct.


Good point regarding gathering evidence. Would the AIS and photos I mentioned in the first post help?



What about a duty to keep an anchor watch (which rarely happens on recreational craft)?

[JPA Cate]

You'd definitely wake up, the bump and the sound of the damage would wake you, and you'd come flying up above decks. Use your smart phone to photograph the boat (and possibly the skipper) of the boat which struck you; then photograph the AIS and whatever other documentation you have, relative to when and where you dropped your hook. We record it in our deck log.

If they hit and run, hopefully you also got a pic of the company logo on the charter boat.

After opening hours, phone your insurance company, tell them what happened, and ask how you should proceed. I would expect the two ins. companies, the charter boat's and yours, would work it out, and most likely to your benefit. The pictures, the documentation makes a strong case. Especially if you keep a deck log, which is generally taken as a legal document for the sort of argument (they must have dragged into us). They will also take into account the sort of thing you can work out (experience of anchoring out time after time w/o dragging).

Ann

[Wotname]

Step 1, confirm and have proof your anchor light is illuminated; dunno about the next steps.

[JPA Cate]

^^^^^

Darn good point, Wottie! A pic would do.

[wholybee]

I think fault is apparent in that case, and what's next is between the two parties, insurance companies, and lawyers. Take your pick how to proceed.

I did have this happen to me. It wasn't that the other boat anchored too close, but that they dragged. They came in at night, and had no working engine, and just dropped anchor and went to bed. A result of many problems on board, they hadn't slept in about 30 hours.

Fortunately there was no damage to my boat. I woke up, and was on deck getting fenders placed and yelling for them to wake up. It was about 10 minutes before they slowly make it on deck, and another 5 minutes before they realized what was going on. By that time I had the two boats safely rafted together, and we all returned to bed until the morning.

But, since no damage to my boat, nothing further was done.

Another similar incident, my boat WAS damaged when a marina (in the United States) was moving a disabled boat from one slip to another, and hit my boat in the process. Between a rock and a hard place. The marina denied any responsibility, despite the fact it was a paid employee that caused the damage, and that employee did not hold any credentials. I needed a place for my boat, and if I took action would surely have had to leave for a marina less convenient to my needs. So I ate the $600.

[TrentePieds]

Franzisca:

What is possible "in real life" will depend largely on your OWN insurance coverage, I would think.

If damage to your boat is but a few scratches so the repair cost would be less than your deductible, buff out the scratches and grin and bear it. Not fair, but the most painless remedy.

If damage is substantial, the first approach should always be to your OWN insurance underwriter. He has the knowledge and resources to "subrogate" on the other boat's underwriters in cases where the other boat has liability. That only works if the other boat can be identified, of course.

There may be a wording in your policy that covers you against "unidentified boaters' liability". Ashore, in this jurisdiction, it is called 'Uninsured and Unidentified Motorist Protection" - "UIMP". It pleases me to report we call it "WIMP"-insurance :-).

If the other skipper refuses, upon a polite request, to give you his insurance particulars, it's time to call on the local law enforcement. At that stage, POSITIVE identification of the "perp" will be of paramount importance. I don't know what is common in this regard in the waters where you sail, but here, in Canada, EVERY boat that could be involved in the situation you describe must display PROMINENTLY either the unique NAME (and homeport) if the vessel is REGISTERED, or, if the vessel is merely LICENCED, the unique LICENCE NUMBER, e.g. "15K2893". Transport Canada can furnish the name of the vessel owner upon proper request.

Having been thus identified the vessel owner can have legal proceedings instigated against him either by yourself or by your insurance underwriter.

Alles Gute :-)!

TrentePieds

[Franziska]

Thanks everyone for the good advice. Hopefully I will not need it for real, but the season is getting into full swing down here in Southern Italy and the anchorages start to get crowded. One reason we are in the Lipari an islands now and not in August. Hope to be in some slightly less sought after place then. Btw. Stromboli is magnificent!

[Pete7]

Originally Posted by boatman61

I would suggest you call the Policia Maratimo..

You can try, but from their perspective, two foreign yachts bump into each other during the night. No one injured, only a bit of paint or scratched gelcoat isn't going to lead to a blue light response or any sort of investigation.

The best you might achieve is a reference number for your insurance company showing you reported it. The rest is probably up to you.

Originally Posted by Franziska

One reason we are in the Lipari an islands now and not in August.

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