Boat damaged in the marina - what to do (legal advice)

Perhaps you could write to the marina and ask for a written assurance that if you are seen damaging the Squib, then won't give your name away to the other owner?

PS Please don't actually damage the Squib. It's not to blame for the yahoos who own it.
 
I would explain the situation to your insurers and ask what the score is from their point of view. My insurance company (GJW) does not touch your no-claims bonus for incidents in marinas, so it might be worth checking whether that is the case for you. If the insurer feels able to chase the person that caused that damage then they have all the knowledge and resources to do that. Either way, it's not your problem and that's why you pay your premium.
 
photodog said:
As this is a claim for damage following a collision, then you could pursue a maritime lein under admiralty law against the vessel...

Going to the high court for £386 quid may be a bit ott of course...

But really the marina not giving you the details of the third party is BS.
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Definitely this, but for such a piffling amount I'd be inclined to just hand this to the insurance company; this is one of the many situations you pay your premium for, dealing with scumbag boat owners.
 
Talulah said:
I'm not sure that's correct. The owner doesn't necessarily become liable for any damage caused by their boat. They would only be liable if they were negligent in some way. Remember the insurance is to protect them, not the third party.
As it stands the OP would need the name and address of the son. A claim against the owner would be thrown out.
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At the moment as I understand it the witness only says what boat it was, not who was in charge. It is the owner that is claiming it was his son. Therefore until it is clear who was in charge the owner is responsible.
 
Worth checking your insurance policy , you may have additional third part damage insurance claim service which will pay for a persuit of the fella seperate from your main policy , its hard not to have this these days ,

Although you are covered for damage by your insurer i presume , i doubt that they would persue the 3rd party amount as its relatively small and would go as a claim against you ,i had a racing dinghy many years ago written off by being hit by a car !!!!. ( value £1000)
My insurers paid out but didnt persue the 3 rd party . 3 rd party claims service in that case took far to long to decide wether they could persue for me as it was unusual in boat being written of by car on the road , i was stationary , indicating right to turn into my sailing club when a loon ran straight into back of me !!!


These third party damage companies can also claim additional costs for you , phone calls , incidentals etc that you can't normally claim through normal policy .


Dont give up whatever ,
 
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Who’s Who

Club Officers
President: Mike Spear
Commodore: Des Cowan (email)
Vice Commodore: Roger Utting (email)
Rear Commodore (Cruising): Mike Perkins (email)
Rear Commodore (House): Mike Bunn
Rear Commodore (Sailing): Iain Kirkpatrick (email)
Rear Commodore (Social): Cathy Brown
Honorary Treasurer: Nigel Mower
Honorary Secretary and Club Administrator: Martine Clayton (email)
General Committee Members: John Brooking, Clare Bye, Valerie Clark, Jonathan Dyke, Roger Forkes, Gill Hervey-Murray, Josh Major, Judy Oliver, Graham Peck, Rob Smith
Squib Captain: Roger Harvey (email)
New Wave Organiser: Clare Bye
New Wave Coach: Julian Barrell
Keepers of the Trophies: John and Liz Brooking
Bosun: John Day


The Commodore i believe actually works ( or used to ) for the marina. He own`s Eclipse a Co 33
email link`s here
http://hpyc.com/about/whos-who-2/
 
The marina cant use the Data Protection Act in this way!

you need to find out who is the person responsible for collecting, storing and protecting the data held and say you hold them personaly responsible. Then point out the very clear exemptions to the act which are:

The Act deals with several situations in which personal data is processed for the following “crime and taxation purposes”:

•the prevention or detection of crime;
•the capture or prosecution of offenders; and
•the assessment or collection of tax or duty.

Point out that exemptions 1&2 are appropriate and if they do not provide the information requested they are in breech of the act and that you will report them to the Information Commissioners.

This may have the desired effect it certainly worked for me in several investigations were the data holders were not complying with requests.

Good luck
 
Clear thinking from Tranona, the driver is not yet established.
Presumably the owner has a car
Both this and his boat will be registered and for a small fee...?
( if the yacht club route falters)

In addition you might like to , oh I dunno, take a pic of a pretty boat in your marina and add it here with relevance to the particularly attractive kerning used for the name..

Horrid when this happens, horrid when people play horrid when at the end of the day they'll have to fork out and fess up anyway...
 
Blueboatman said:
Clear thinking from Tranona, the driver is not yet established.
Presumably the owner has a car
Both this and his boat will be registered and for a small fee...?
( if the yacht club route falters)

In addition you might like to , oh I dunno, take a pic of a pretty boat in your marina and add it here with relevance to the particularly attractive kerning used for the name..

Horrid when this happens, horrid when people play horrid when at the end of the day they'll have to fork out and fess up anyway...
Click to expand...

Yourboatpix hosts boat photos & set up by a very nice man who had a yacht in Suffolk Yacht Harbour
 
Tranona said:
Send a copy to his father (owner of the boat) reminding him that he is responsible for any damage caused by his boat.
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Talulah said:
I'm not sure that's correct. The owner doesn't necessarily become liable for any damage caused by their boat. They would only be liable if they were negligent in some way. Remember the insurance is to protect them, not the third party.
As it stands the OP would need the name and address of the son. A claim against the owner would be thrown out.
Click to expand...

Tranona said:
At the moment as I understand it the witness only says what boat it was, not who was in charge. It is the owner that is claiming it was his son. Therefore until it is clear who was in charge the owner is responsible.
Click to expand...

Blueboatman said:
Clear thinking from Tranona, the driver is not yet established.
Click to expand...

"The son then admitted having taken the boat out without his father's knowledge and he admitted to the incident."

Even if that wasn't the case I somehow doubt the owner of an object is responsible for damage someone else does with it. Yes, wiith cars the registered keeper has an onus to give details of a driver but a) There's specific legislation requiring this and b) It's the keeper, not the owner who has to provide the information.

Perhaps Tranona will cite his source that the owner is liable so we can all read up on it?

WRT to the OP I reckon it's a small claims court matter. Finding the Son's address shouldn't be beyond the wit of man. Facebook might help. Googling his phone number[1] might get results.

In fact the Son's address isn't always needed: 'care of the father' via the marina or yacht club might be acceptable.

Rules here:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Google "process server".

Frankly I think if the OP contacts the son[1]/father/marina/yacht club and explains that if he hears nothing he will be tracking the Son down and serving the papers in person I suspect the message will filter through and the cash will be handed over.

[1] Unless the son withheld the number presumably the OP has his phone number at least?
 
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Years ago someone stole my anchor warp when I wasn't there; luckily a witness noted the name of the boat involved and club.

When I went to the club and explained they were horrified and gave me the name and address without hesitation, and after some naughty words at high volume I got my warp back.

I'm sure the Squib's club will feel the same.
 
An interesting thread and no doubt the aforementioned son, father, marina, Commodore et al will also find the content equally interesting (well one of them must've read this thread, no?) and (I hope) are probably already in contact with the culprit to get this resolved to the OP's satisfaction.
 
One for Toad.
Post 26 . There is a witness to the accident.

There is-at this stage AFAWK- no written deposition from the owner stating that it was not him but another/his son in command or indeed on board.

Expect more wiggles based on current behaviour eh?

Not familiar with this marina, perhaps you are: Does the lock operate a logbook,( including any period of free flow ) , and/or lock CCTV?
 
Blueboatman said:
One for Toad.
Post 26 . There is a witness to the accident.

There is-at this stage AFAWK- no written deposition from the owner stating that it was not him but another/his son in command or indeed on board.

Expect more wiggles based on current behaviour eh?

Not familiar with this marina, perhaps you are: Does the lock operate a logbook,( including any period of free flow ) , and/or lock CCTV?
Click to expand...

No Lock at Levington, supposedly 24 hour access.
 
Blueboatman said:
One for Toad.
Post 26 . There is a witness to the accident.

There is-at this stage AFAWK- no written deposition from the owner stating that it was not him but another/his son in command or indeed on board.

Expect more wiggles based on current behaviour eh?

Not familiar with this marina, perhaps you are: Does the lock operate a logbook,( including any period of free flow ) , and/or lock CCTV?
Click to expand...

No Lock 24 hr tidal access
 
Vallich said:
An interesting thread and no doubt the aforementioned son, father, marina, Commodore et al will also find the content equally interesting (well one of them must've read this thread, no?) and (I hope) are probably already in contact with the culprit to get this resolved to the OP's satisfaction.
Click to expand...

I agree, but let's not be too harsh on Father or Son, it perhaps 'felt' like a minor bump to the son originally, and he's admitted it on first contact. Yes the OP shouldn't have the hassle of the chase, but if this guy was a total wrong-un the last thing he'd do is admit it.
 
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