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

[Wansworth]

My Steel boat was rammed whilst I was abscent and I would not have noticed the damage without the advice from the marina.Although it was a small hole the boat had to be slipped to be repaired.I yad no problema with the insurance but the owner of the other boat had more damage and injuries so I accepted it with good grace as an accident.Funnily enough I was obviously too nice and understanding that I got the impression the guilty party would I had rather been cross and shouting at them.

 

[Blueboatman]

Good luck and hey, you can always email a link to this thread now too, shame on shamelessness!

 

[david_bagshaw]

Dont know about awlgrip 2000, but the original can be repaired to be unnoticeable. Done it regularly over the last 20 years.

 

[lw395]

Yes, it is.
And even if it wasn't, that is not the issue.
More than the money, it has become a matter of principle to me. You are responsible for the consequences of your actions. This is what I've been thought and what I teach my kids. Sticking your fingers in your ears and hoping the other party goes away is not an option.
How would you feel if it was your boat and the damage was more substantial?

As for the marina not disclosing the contact details of the other party: I'm amazed - this lets anyone of the hook. What other options do I have, short of seizing the other party's boat?

Anyway, as a result of this thread I now have the name and e-mail address of the other party. I have contacted them in a final attempt to settle this amicably. Failing a satisfactory outcome I will name and shame and pursue this matter by any/all means possible.

I'm sorry your boat is damaged.
I wish you all the best in getting it fixed at the other party's expense.

I was really trying to just make the point it is sometimes better to focus on getting it fixed and going sailing again rather than retribution against the guilty.
From my experience the agro of dealing with the paper pushers is sometimes more than it is worth.
If you lose a nice week's sailing due to concentrating on claiming instead of fixing, you may not have gained.

It's hard to know where to draw that line.
Compared to KevO's damage it is not such a big thing, main thing is to find the best person to sort the paint for next year and keep the damp out until then.
The long term outcome is what matters.

 

[hairbox]

sink his boat and deny all knowledge

 

[Seajet]

hairbox,

you certainly live up to your callsign !

No fault of a good boat that her owner may have sinned.

 

[benjenbav]

Well, if it were my adult son that had done that and didn't want to know, I'd try to sort out the damage to the satisfaction of the owner of the damaged boat and then discuss the matter with my son.

 

[lenseman]

Only if he were a Dutchman

Or a Publican.



.

 

[Koeketiene]

Result

Feedback:

The squib owner has now been in touch (he was made aware of this thread).
Quietly confident that things will now get sorted in the near future.

The power of the YBW forum!

 

[sailorman]

I am convinced it was a misunderstanding & he will cover all expenses & give you a bottle of fine single malt too for your delectation

 

[mil1194]

I am convinced it was a misunderstanding & he will cover all expenses & give you a bottle of fine single malt too for your delectation

Was it you

 

[toad_oftoadhall]

I am convinced it was a misunderstanding & he will cover all expenses

+1

 

[sailorman]

Was it you

My pointy front would have made a hole

 

[penfold]

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!

They have data protection nonsense in Trinidad?

 

[Koeketiene]

I am convinced it was a misunderstanding & he will cover all expenses & give you a bottle of fine single malt too for your delectation

All's well that ends well.

Never developed a taste for single malt - but am quite partial to the occasional cognac/gin/calvados/rum

 

[Ariadne]

It's a hang over from the UK justice system which is still in use in many cases, although I think T&T are trying to get shot of it so they have a death penalty!

 

[penfold]

This is clearly an issue potentially far bigger than the OP's modest claim, much though I sympathise with him. Marinas should have a policy which realistically addresses the needs of their customers whilst at the same time staying within the law. If they don't, surely it's incumbent upon those customers to press for one.

There's no 'should' about it, as a data controller the marina is legally obliged to have a data protection policy and its employees must be conversant with it. It needn't be complex as they don't have very much data to control but they still have a responsibility to follow the law.

 

[macd]

There's no 'should' about it, as a data controller the marina is legally obliged to have a data protection policy and its employees must be conversant with it. It needn't be complex as they don't have very much data to control but they still have a responsibility to follow the law.

But I didn't merely write that they should have a data protection policy, as the quote you lifted clearly shows. I said that they should have a policy which realistically addresses the needs of their customers whilst at the same time staying within the law, which the present one clearly does not.

 

[Vara]

Feedback:

The squib owner has now been in touch (he was made aware of this thread).
Quietly confident that things will now get sorted in the near future.

The power of the YBW forum!

Good news.

 

[Uricanejack]

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.

However, another boat berthed nearby saw the whole thing and mentioned this to us when we were next aboard.
I inquired at the marina office if anyone had reported the incident - this was not the case.

The marina then contacted the owner of the 'offending' squib. At first the owner denied flat. However when the marina mentioned that their had been witnesses who had identified boat and crew the owner thought it might have been his son.
The son then admitted having taken the boat out without his father's knowledge and he admitted to the incident.
The son later contacted me and apologised. Said he would contact the yard to remedy the damage to my satisfaction.

Since then, the yard has not been contacted nor have I been successful in contacting the other party.

Two weeks ago, I once again spoke to the marina. They contacted the boat owner and he said that as far as he was concerned it was nothing to do with him as his son was over 21.c He did say that he would urge his son to get in touch.

So far, I have not heard a word and frankly I am fed up. I did obtain a quote to get the damage repaired (£396.96).
The marina is not willing to give me the details of the squib owner (data protection).

Given the relatively small sum involved (and my excess) I do not want to claim on my own insurance. On the other hand, since I did not cause the damage and I know who did, I do not want to pay for it out of my own pocket.

What avenues are open to me - if any?

All helpful replies greatly appreciated.

It's actually a hit and run. Similar to a car in a parking lot.
Call your local police station give them all the info on what where when witness and lack of response.
The police will probably not do much. But they will give you an incident no and make a report.
Take this to your insurance.
The boat owner is liable. He may wish to acuse his son of taking with out permission. Not your problem this is a family issue. Probably did not have son covered on insurance. Pity son could get criminal record.for 400. Owneer should just pay. He doesn't,the apartment to be the stand up type.