Damage by boat drifting onto mooring in Tasmania

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Vegable

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My son's brother in law has a boat on a mooring in Tasmania. A recent storm has passed through and another boat either broke it's mooring or drfted with it, hit another boat which lost its mooring and that second boat then damaged the b-i-laws boat. Very badly. The pointy bit at the bow has gone completely to about 8" down the deck and the same vertically down the stem and they're lucky the mast didn't collapse. The chainplate for the forestay isn't there at all and from the inside the forecabin there's a big hole
They're new to sailing and have only just bought the boat, been out in it just 4 times and didn't have it insured!!!! It's about a 28 foot AWB sailing boat so repairs are going to be expensive.
I'm assuming they will be able to claim off someone's insurance but whose? The mooring owner, the first boat, or the boat that did the damage to him. The initial response from the first boat is that it's an Act of God.
They've asked me for advice and I suggested they speak to a local yacht surveyor in the first instance as he'll know what's happened, will probably have come across something similar before and there's a chance he'll know the other people involved and then maybe to seek legal advice.
Your esteemed thoughts please as to me it sounds to be a nightmare.
Mike
 
Look for a man to repair it.
In the scheme of things, it might not be as expensive as you assume.
I wish them luck with getting someone's insurance to pay for it, but TBH, they should have insured it themselves.
 
lw395 said:
Look for a man to repair it.
In the scheme of things, it might not be as expensive as you assume.
I wish them luck with getting someone's insurance to pay for it, but TBH, they should have insured it themselves.
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I couldn't agree more re the insurance, but is it "An Act of God" or is there a valid claim against someone and if so against whom, is what I'm really asking?
Mike.
 
That's why you have insurance.

Impossible to tell who if anyone was to blame. For there to be a claim you have to show that someone should have known better - e.g. hadn't maintained the mooring or lines, or was relying on a mooring they should have known was inadequate.
 
He will have to show that one of the other parties was negligent. Without knowing what caused the other boats to break their moorings impossible to say if a claim is possible.
 
"In Tasmania"
Australians are sticklers for rules and regulate everything. I suggest you look into the local requirements for insurance and see if there is an angle there.
 
lw395 said:
Probably an opportunity to get fined for not having insurance?
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Can’t help myself but would point out that in my view an owner who launches without having first arranged at least third party insurance, is behaving in a downright selfish manner. It’s not even expensive in the overall costs of boat ownership. I don’t buy the excuse the owner hadn’t had the boat very long, insurance can be arranged online in 20 minutes. Sorry if I’m less than sympathetic.
 
Tranona said:
He will have to show that one of the other parties was negligent. Without knowing what caused the other boats to break their moorings impossible to say if a claim is possible.
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It's going to be hard to prove anything as three other parties are involved, two boats and a mooring contractor. Maybe the harbour authority or whoever specified the mooring also.
Somebody's insurance might prefer to pay up than argue.

But my experience is that most lawyers charge a lot more than decent GRP workers.
Best to take the knock and get it fixed.
 
My inclination would be to personally lodge a claim in writing against the boat which hit him, they will no doubt do the same to the one which hit them. As for insurance, if it's a requirement in Tasmania and they don't have any then tough, the boat shouldn't have been in the water.
 
Sad to say this may be a nightmare but they are very lucky their boat didn't damage or sink someone else's, they could be liable for $$$thousands.

Otherwise I agree with Graham376, claim against the boat that hit theirs, just as in a multiple pile up on the road.

Meanwhile take steps to secure everything, which I'd hope they've done.
 
Many thanks for all your replies.
After a bit more thought about it I rang my own insurers, a very well known international company, and after getting over the "it's not insured with us so we can't comment" hurdle, they said that they wouldn't class it as an act of god, it would come under storm damage, and that son's B-in-L should have a valid claim against the boat that hit them via their 3rd party clause (provided of course that the boat that hit them is insured!). And I assume they in turn will claim against the next boat and so on up the chain. Sounds like a nightmare and glad I'm not involved. As an after thought, I wonder what's happening in Holyhead? There are bound to be one or two boats not insured there. All 80 boats were damaged or sunk.
Anyway I've passed it on. Thanks once again.
Mike
 
savageseadog said:
Only if negligence can be shown
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Depends. A boat near us dragged his inadequate mooring and hit another boat. Court case deemed it an "Act of God" because of unusually high winds so insurance claim refused. Another boat, another year, visitor's anchor dragged and he hit a moored boat. Insurance claim went through OK.
 
Graham376 said:
Depends. A boat near us dragged his inadequate mooring and hit another boat. Court case deemed it an "Act of God" because of unusually high winds so insurance claim refused. Another boat, another year, visitor's anchor dragged and he hit a moored boat. Insurance claim went through OK.
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Billy Connolly was in a film called The Man Who Sued God".
His boat was sunk but the insurer refused to pay because they said it was an act of God. So he sued various churches claiming that, as they were God's representative, they should pay for His deeds.
Worth a try?
 
I had a roughly similar incident when I damaged another boat I was tied up to. An unexpected thunderstorm and squall (50kn plus winds) came out of a clear blue sky when I was ashore.

I talked to my insurance company, who said that it was an Act of God so i was not liable and they wouldn't pay. In the end, the damage bill was not great and I paid it myself.
 
davidej said:
I had a roughly similar incident when I damaged another boat I was tied up to. An unexpected thunderstorm and squall (50kn plus winds) came out of a clear blue sky when I was ashore.

I talked to my insurance company, who said that it was an Act of God so i was not liable and they wouldn't pay. In the end, the damage bill was not great and I paid it myself.
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I'd be interested to know who the insurer was. Sounds like one to avoid.
 
Dan Tribe said:
I'd be interested to know who the insurer was. Sounds like one to avoid.
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In the same circumstances expect any insurer would have refused.

Negligence claims always turn on the facts of the individual case so without knowing all those it is unfair to criticise the insurer.

Negligence means an act or omission that caused harm to the other party. If the act was outside the control of the other party, difficult to see how he (or his insurer) is liable. That is why you should insure your own property All Risks as your claim is covered by your insurance contract, not by proving negligence of the other party.
 
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