Dream yacht charters should accept libility.

[oldharry]

Where's OPs insurers? This is their problem. No insurance? This is the risk you took.

Can you prove conclusively the damage was done in this accident? It sounds hefty for a dragged anchor collision. That's probably what the Charter Co is relying on. A sharp lawyer will demolish your case if you don't have absolutely clear cut before and after proof.

Petition? If it makes you feel good. It wouldn't change the CEOs view, nor will it influence a court.

 

[Graham376]

We were in a similar position abroad when hit on the mooring. Our insurers advised to claim on our policy and not bother trying legal action as it would be protracted, expensive and hold up repairs. Insurers didn't try to recover cost from the other boat's owner, said too much trouble.

 

[E39mad]

Can you prove that the foam core wasn't damaged prior to the accident from having had a recent professional written survey?

If not I fear you will struggle to prove that this damage is solely down to this incident.

 

[diver14u]

No disrespect, but it's not great that your very first post on the forum is of this nature.

No disrespect done. We'll post other practical boating posts shortly. We'll be going on the hard to repair the damage soon and will take extensive notes and footage. If you're needing to repair water ingress in the foam core keep an eye out for this.

 

[diver14u]

And brave for YBW to allow it to stay up, as you're implying their safety standards are below par.

Dream Yacht Charter's safety standards leave much to be desired. Just recently a Dream Yacht Charter boat caught fire with the guests on board. Take a look at this link: https://dreamyachtnightmare.com/

This is the same as expecting Avis/Hertz etc to take responsibility for a drunk/reckless car rental driver.
Good luck with that.

Please see Jumble Duck's response below.

 

[diver14u]

Where are your insurers in this? Ratty smells.

We did not have insurance at the time and have been not been given Dream Yacht Charters' insurance details or the S/V Island Time's -the vessel that dragged anchor - insurance details.

 

[diver14u]

Sad to hear about this, good luck.

Thank you!

 

[Frogmogman]

FWIW, I have one experience of chartering from Dream Yacht Charter.

In December 2017 we chartered a Lagoon 400 S2 from them for a week out of Langkawi. Apart from an issue with the anchor windlass, the boat was up to scratch, everything went very well and the base manager was very obliging and helpful. I would charter with them again without any hesitation.

 

[mjcoon]

Dream Yacht Charter's safety standards leave much to be desired. Just recently a Dream Yacht Charter boat caught fire with the guests on board. Take a look at this link: https://dreamyachtnightmare.com/

Can't be bothered to follow the link. But if there were no charterers ("guests" is a strange term) aboard then that might imply a company fault. If it was occupied then blame is not so simple!

 

[sailaboutvic]

I not read the link , but a few things .
First it depend how much damage there is and how much excess you have , it may not be worth trying to claim from your insurance .

We been hit a few times by charter boats and we learned it not worth the stress trying to get money out of the charter company , they will try every thing not to pay ,
even tho they probably withholding the charter deposit to cover the damage to their bist.

The only time we did get a payment was from a UK charter company in Greece they where issued with a thread of court action which I was happy to carry it out from my solicitor,
they paid up.

Lastly
sorry diver 14u if you didn't have insurance I have no sympathy,
everyone should have insurance ! If you can afford a boat no matter the valve you can afford insurance and there no excuse.

 

[TernVI]

We did not have insurance at the time and have been not been given Dream Yacht Charters' insurance details or the S/V Island Time's -the vessel that dragged anchor - insurance details.

Do you have 3rd party insurance?

Basically, you run a big risk of it simply being found to be an accident.
The law may be different where you are, but in the UK, I think you'd have to prove negligence.
It is arguable that an anchor dragging does not prove negligence.
It can be bad luck, equipment failure, weather.
It might be argued that you chose to be too close to them, or contributed by not keeping an anchor watch. Or your boat swung in the wind or some other thing.

Not all insurance situations are settled by attributiing blame. I think marine less so than some others. Unless it's a big claim, the convention may just be for your insurer to pay for your damage. Legal arguments are expensive and underwriters won't get involved lightly, because on average they will lose half the time.

I think you would be brave or foolish to start a legal action without knowledge of the local law, cast iron proof of negligence and backing to cover costs which might be awarded. By not having insurance you are already on the back foot, by not being as prudent as is expected of boat owners.
You need to consider whether anything you are posting or putting on the web is defamatory.

 

[awol]

US or UK law - go after the boat rather than the owners or charterers. A marine lien trumps any other claim on the vessel like mortgage or company liabilities. Your problem may be if insurance was too big a cost then a marine lawyer is definitely out of your league.

 

[grandpaboat]

As another post suggests blame is not always clear and you have no rights by being the first to anchor. If your vessel is put in danger by another you should take appropriate avoiding action.

 

[mjcoon]

As another post suggests blame is not always clear and you have no rights by being the first to anchor. If your vessel is put in danger by another you should take appropriate avoiding action.

But YM of "November 2020" page 20 asserts that maritime law holds that the first vessel to anchor in an anchorage "sets a precedent". I don't say I agree; it might be a bad precedent that it would be reprehensible to follow...

 

[Deleted member 478]

But YM of "November 2020" page 20 asserts that maritime law holds that the first vessel to anchor in an anchorage "sets a precedent". I don't say I agree; it might be a bad precedent that it would be reprehensible to follow...

Please feel free to move anchorage.

 

[JumbleDuck]

sorry diver 14u if you didn't have insurance I have no sympathy,
everyone should have insurance ! If you can afford a boat no matter the valve you can afford insurance and there no excuse.

I wouldn't be quite so harsh on someone who doesn't have comprehensive insurance, if the boat is an old or cheap one. I only ever had 3rd party on my Westerly Jouster because the additional cost of comprehensive would have been at least 10% of the boat's value per year and survey costs would have pushed that effectively higher.

If the boat is valuable then 3rd party is unwise and having no insurance at all, for any boat capable of doing significant damage to another, is inexcusable.

 

[Deleted member 478]

@JumbleDuck you raise some valid points, but it is near impossible for a single-hander to get cover of any description. And if you can, it will have impractical limitations.

 

[Lucky Duck]

@JumbleDuck you raise some valid points, but it is near impossible for a single-hander to get cover of any description. And if you can, it will have impractical limitations.

I have never had any issues getting single handed cover for average use i.e. typical cruising rather than crossing Biscay.

I think one insurer ask about whether an autopilot was fitted but that was about it.

 

[Deleted member 478]

I have never had any issues getting single handed cover for average use i.e. typical cruising rather than crossing Biscay.

I think one insurer ask about whether an autopilot was fitted but that was about it.

Yes, but try doing a passage longer than 36 hours.

 

[Lucky Duck]

Yes, but try doing a passage longer than 36 hours.

Fair enough, from memory the much lauded Y Yacht insurance has an 18 hour limit which is probably my limit as well.