Ever been sued for salvage? Comments on today’s RYA newsletter.

gravygraham

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I’ve given tow a couple of times, and when I was doing my PB2 we assisted a lone dismounted PWC user out of the water and back onto his craft. As a rookie mobo’er I was once towed by my bother in law, the boat hadn’t actually broken down but the low oil warning buzzer created enough of a din to panic me into shutting the engine down. I had spare oil on board too! In these instances the risk to the vessels undertaking the towage was very low and the tows were all of short duration and in safe waters. Interestingly, the RYA suggests a template Salvage Agreement* is useful to have on board. *available from the RYA or Lloyds.
Have any forum members got any tales of salvage charges being levied? No names though please.
 
probably pub talk but if they throw you a line they have offered assistance…..if you throw them a line you’ve ask for help and they can claim salvage.

thats assuming you haven’t agreed terms before hand….and passed the RYA agreement to them for signing obviously ??‍♂️?
 
Some 45 years ago my parents boat broke free from its East Coast mooring in a gale and drifted into shallow water from whence she was rescued by a local fisherman who then claimed salvage.
A discussion ensued on liability and the insurers took the view that the salvor had ventured into shallow water putting his vessel at risk of grounding and on balance he would succeed if the claim were litigated.
I never understood why the boatyard weren’t on the hook ( it was their mooring let by the season), but I may have missed part of the story.
 
Once had a boat maliciously set adrift from a mid river mooring , it must have taken at least 5- 10 mins to let go 2 x bow ropes, 2 x stern ropes plus 2 x springs.
OG is renown for keeping mooring bollards well wrapped up with warp.
The boat drifted upstream for about 1/2 mile and grounded, spotted early in the morning by a nearbye shipyard, who promptly contacted the port authority ,Peel Ports.
Peel sent up one of their workboats to access the situation and in the event made it secure with a couple of shorelines.
They then notified me via my Medway Ports registration details and boat club.
Managed to commandeer a small tug , fortunately we able to retrieve the boat at HW that day.
Fortunately no hull or gear damage.
When contacting Peel Ports to thank them (and the crew of the workboat) for their assistance and to ask if they would like the return of the two brand new warps of some considerable length, did mention salvage.
The reply was, no charge, all part of the service and could keep the warps with their compliments.
Only regret, never managed to thank the crew personally.
To this day still still wonder who and why .
 
Nearest for me was assisting a pair of pwc's in trouble in the entrance to southwold, one had broken down and the other was overheating badly trying to pull him in against the ebb, they have no go when not flat out, I ended up towing both in to the harbour pontoons.
Salvage was a couple of beers off each in the harbour inn, worked for me.
 
FWIW, my understanding is how much trouble, hours, material cost and risk the salvor put himself under to execute the salvage is how a court would look at it.

I have been towed home and I have towed people home in good weather and deep water, I expect a thankyou, and if well executed a small gift of Vino or in one case crabs or lobsters from a fishing boat.

A friend of mine towed part way home until the life boat turned up a local restauranteur in a much larger boat than his in very poor conditions, the thankyou was a free meal for four, much appreciated.
 
I used to own an insurance brokers and we had a small scheme for pleasure craft.
I was involved with salvage negotiations.

Whos rope is used is a red herring, it is all about risk.
If you pass a towing vessel your rope because you have run out of fuel down a sedate canal the tow vessel has little risk and they don’t save you from sinking so the percentage value of your boats worth paid will be low.
if you take to your life raft and leave your boat to sink then the tow boat will have to risk putting someone on board to fasten a tow line. The percentage value of your boat is going to be heigh.

one example I recall

skipper of a pleasure boat left port in F4-5 200 m into the sea hit a sandbank.
tried to agree cost of tow off the sand bank but tow craft said don’t worry we have a table to calculate.
boat market value £500 000

boat yard told owner not to move boat until insurers agreed salvage.
it was a Sunday and I was authorised to negotiate up to £5000

boat yard refused £5000 for a 200m tow ( just for clarity that’s 200 metres), the tow boat was from the marina the owner had just left.

when the boat yard closed the owner cast off and left before the boat could be arrested on the Monday.

the salvage costs were later agreed at about £6-7k , cannot remember the exact amount as it was euros conversion.

Now before we all say what a complete rip off we need to remember that the RNLI is overfunded by donations and legacies.
The RNLI are not global so rescue craft elsewhere have to be funded by salvage so the salvage costs need to be very high or no one would own a salvage operation and the oceans would be more dangerous and polluted.
 
In my early teens I was shuffling crew and provisions out to our boat moored in Falmouth harbour. As I was approaching the slip for another load, I saw a couple launch their small cabin mobo. Rolled off the trailer nicely, but they had forgotten the painter and the brisk wind blew her out towards the moorings. I put a line on her and towed her back to the slip. Didn't expect anything other than a thank you. But they were in a bit of a tizz and feverishly pressed 5/- into my paw.
Back on our boat, my father had seen all this and remarked that they were probably worried I would claim salvage. Dunno how a court would have ruled on that...
 
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To add:
Over here, the rescue mob charge for towing, but not for saving lives. OK not a salvage question, but..
Friend capsized his little open gaffer and he and crew could not get it sorted, so after trying for a bit, they used the (compulsory) flares and the inter island ferry saw them and fished them out. Since one crew was elderly and a health risk, they were Helioed to the local hospital for a check.
The Gendarmes de Mer recovered the boat and parked her on a mooring by the island.
Next day we all got organized and recovered the boat , then went off to see the G de M in La Rochelle to collect the odd bits they had found floating. Owner asked what he owed. Nothing. He then asked if he could contribute to the 'widows and orphans' fund. Nope.
If they had not towed her in, likely a total loss.
After that, some serious alterations to make her 'self recoverable' after a capsize.
 
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