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

[LittleShip]

My insurance covers anybody that I allow to use my boat Ie, give permission to use it.

In this case the son took the boat without permission, therefore the father (probably) isn't responsible for the damage, the son is.

If he hasn't got insurance it's a small claims court action once he knows his whereabouts plus expenses...... That will amount to much more than the quote.

That said Dad will probably say he had given permission for his son to take the boat, then it's his insurance that is needed.

As for the marina not divulging information, I understand that but they should be contacting the owner and requesting assistance in clearing the matter.

Tom.

 

[sailorman]

My insurance covers anybody that I allow to use my boat Ie, give permission to use it.

In this case the son took the boat without permission, therefore the father (probably) isn't responsible for the damage, the son is.

If he hasn't got insurance it's a small claims court action once he knows his whereabouts plus expenses...... That will amount to much more than the quote.

That said Dad will probably say he had given permission for his son to take the boat, then it's his insurance that is needed.

As for the marina not divulging information, I understand that but they should be contacting the owner and requesting assistance in clearing the matter.

Tom.

I very much doubt that is a true statement.

 

[BrianH]

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.

He denied it and only admitted it when informed that there was a witness - that makes him "a total wrong-un" in my book. Both father and son are behaving reprehensibly in trying to shirk their clear responsibility to pay a relatively trivial amount for damage done by the son with the insured (presumably) boat of the father. Don't forget, after causing the damage "No note was left." Despicable behaviour by the adult son and not much better by the father who must have granted open permision for him to use his boat and who therefore has a moral responsibilty.

Edit:
Okay, I have re-read the OP's post and see that the father denied it. My opinion still stands ... I see a red mist when I read of such behaviour.

 

[Biggles Wader]

I very much doubt that is a true statement.

And even if true,the damage was caused by the said boat,so the other party claims against said boat/owner.If the boat was stolen surely the insurance still covers that?If it does'nt then we are back to riviting that writ to the mast in order to get redress.
I bet if the owner had been straight up about this and offered to pay, the OP would have taken a nominal amount or declined anything.Now it's going to cost someone loads.

 

[sailorman]

And even if true,the damage was caused by the said boat,so the other party claims against said boat/owner.If the boat was stolen surely the insurance still covers that?If it does'nt then we are back to riviting that writ to the mast in order to get redress.
I bet if the owner had been straight up about this and offered to pay, the OP would have taken a nominal amount or declined anything.Now it's going to cost someone loads.

Us forumites have yet to claim for professional services offered

 

[Seven Spades]

Is it possible to get a lein against the boat? I hardly think that if a P&O Ferry damaged a dock P&O will be able to say you will have to sue the captain, it wasn't our fault he was driving it.I find it hard to believe that his son used the boat "without permission'' and would any court be likely believe that? The owner seems to be in co-hoots with his son instead of coughing up and then pursuing his son for the damages.

 

[nortada]

Depends on your insurer.

For example, if the incident occurred in your home marina Haven Knox Johnson will pick-up the cost with no excess.

Suggest you have a good look at the small print of your policy & take it from there.

 

[Blueboatman]

Us forumites have yet to claim for professional services offered

Top Post!
Sixpence had an idea about that but it seems it were viewed ' on high' like trying to get a quart of beer virtually into a pint pot.

 

[PaulR]

father is not liable for actions of adult son (in my view) but father has advised his knowledge of and account of the event - ie his son has apparently admitted using the boat and hitting the other boat - I suspect if it were me I would call or write to the father - enclose the estimate and photos of the damage AND set out in writing what the father had told me (ie he had said to me his son admitted to having used the squib and hit the boat) and then request the father to forward the letter and estimate to his son and confirm to me he had done so within 7 days OR provide me with name and address details of his son AND confirm what he (the father ) had told me about incident within 7 days so I could then write to son to invite him to pay repair cost- if father ignored my letter (send it recorded delivery) I would then issue one more letter to him - again recorded delivery advising I had not had his or his sons reply and would - without further notice issue proceedings against both him and his son (as the only "evidence" that it was the son not the owner using the boat and causing the accident came from the father) - in small claims court you can issue proceedings against 2 parties in the same action at no extra charge - then if no reply within 7 days issue and let it go to court and see how it goes.

 

[TeamSpirit]

I think if I had witness and had been given run around I might consider a complaint to police of criminal damage, (how do you know it was accidental me lud ???) that'll send rozzers into the marina to obtain details of boat owner and, or son to undertake a prompt investigation of an alleged crime. If of course it was accidental then it would be entirely proper for rozzers to share contact details.
PS The data request would be considered except and under DPA it would be permissible for the information to be released.
add my fee for professional services, invoice to follow.

 

[lw395]

Late June, a squib moored not far from us to a healthy chunk out of our gelcoat (we were not aboard at the time).
Left a hole the size of a £2 coin and about half an inch deep.
No note was left.

......

Shi* happens.
From what you say, it's a small ding. Fill it with gelcoat and enjoy the rest of the season.
Get it fine-filled and polished out at the end of season.
The cost of pursuing it far outweighs the cost of fixing it.

Sorry about your boat and all that, and yes, it is annoying, but the main thing is to get it fixed and move on.

 

[Ariadne]

Seems they are not allowed to do this, I was hit last Monday by a boat 6 berths down, about £1000 worth of damage. The owner came over and said he would pay for the damage and we haven't seen him since and due to the data protection issue the marina will give me his contact details!

 

[sailorman]

Shi* happens.
From what you say, it's a small ding. Fill it with gelcoat and enjoy the rest of the season.
Get it fine-filled and polished out at the end of season.
The cost of pursuing it far outweighs the cost of fixing it.

Sorry about your boat and all that, and yes, it is annoying, but the main thing is to get it fixed and move on.

The hull was Awlgriped 3 yrs ago

 

[Blueboatman]

Out of curiosity does this squib have an o/board or were they attempting to sail?

 

[sailorman]

Out of curiosity does this squib have an o/board or were they attempting to sail?

There is a chap in our marina who sails a West Solent out of the marina & back in,but he does know what he is doing

 

[scottie]

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.

We recently had a whisker pole go missing in the marina insurance paid in full with neither loss of bonus nor any excess

 

[sailorman]

We recently had a whisker pole go missing in the marina insurance paid in full with neither loss of bonus nor any excess

BUT you didnt know who had it away, unlike the OP with witnesses

 

[macd]

Seems they are not allowed to do this...due to the data protection issue the marina will give me his contact details!

You were there, not me, but I'm inclined to suspect that it was not data protection law but their ignorance of it which stopped them passing on those details. Some organisations like to make a point of contriving such ignorance, of course, but you'd know better than I whether that fits the marina in question.

 

[savageseadog]

You can apply to the local county court for an order to release the owner's details. I had a similar issue when a hire van was used in a theft from a property I owned, the registration was noted by a witness. Believe it or not neither the Police or the hire company would release the hirer's details to me.

 

[Blueboatman]

There is a chap in our marina who sails a West Solent out of the marina & back in,but he does know what he is doing

When I were nipper-ish a friend had one of those WSODs too with a 4hp( yup) Stuart Turner . Apart from doing a RTI in it, we weren't always able to motor reliably in and out of Yarmuff home port. The old swingbridge, that was impossible under sail!( afaik)