French Litigation

[Chris_Robb]

Does anyone know how it works:

We have just received a letter from a French solicitor claiming €2000 euro for a supposed collision on exiting a marina berth that certainly did not happen. Even the day is wrong - we have berthing receipts to prove where we were!

The damage was supposedly to the 'rail de fargue tribord' which I assume is the starboard stanchion.

My worry is: Can they under french law seize the boat (which is still in France) and impond it until the debt is paid. I understand English Law quite well, but France - one cannot assume anything.

Anyone any knowledge???

 

[Cornishman]

Sounds just the sort of thing the RYA legal eagles would love to get their teeth into. Try them, particularly if you are a member or even belong to an affiliated club.

 

[kingfisher]

1. Hand over the case to your insurance company, with copies of all documents. DO NOT communicate with the lawyer.

2. Impounding a boat would be very difficult: it is not a case of gov't vs private person, but rather private person vs private person. To get your boat impounded, they would need a conviction and an execution order, they would need to know where your boat is, and employ a notary to impound the boat.

Group of people on the pontoon: skipper is the one with the toolbox.
http://sirocco31.tripod.com

 

[Chris_Robb]

Thanks for the advice - Pantaneous have told me to use my Legal Expenses cover - (which I did not know I had) and not to communicate with the Lawyer.

It really bugs me that people can cook up these stories - just a shame for them that they chose to accuse of something on the wrong day - when we have reciepts for another Marina!

 

[Twister_Ken]

Counter sue

May be you should counter sue for distress and damage to your good name as a boat handler.

 

[Chris_Robb]

Re: Counter sue

Absolutley right mate - hurt pride an all that -

After 5 years of handling an awkward bugger - and someone accuses you of hitting them in a dead simple situation - no tide - no wind - .......... If I had hit them as they described, 15 tons with bow stored anchor used as battering ram would have done a bloody site more damage than a bent stansion! (Bav 38 actually - it would have folded up - sorry Zefender!)

Five years ago - I would confess to some near accidents - Tregier and spring tides - trying to sink a pile in Yarmouth etc - but I think Ive learnt a lot of lesons since then!

 

[Gunfleet]

Re: Counter sue

Did the event occur your 'home' marina in France? If so I'd be careful. They're there and you're not and though you think they are trying it on (and can prove you're right) they may honestly think they're right. I don't think I would announce the boat is going to Folleux, myself. The security in Folleux is very good, so there should be no problem there. Sorry to sound negative, but I lived in France for some years and have seen people's propensity for direct action there, esp. when they think they are right.

 

[Chris_Robb]

Re: Counter sue

No - occured in Vannes - and they could not possible know where we are now.

If they find out - I'll know who to come and get!!!!!!

 

[Gunfleet]

Re: Counter sue

As if. I'm surprised at you.

 

[Chris_Robb]

Re: Counter sue

deepest appologies !!!!!!

Looking forward to week on the boat next week - gales - rain ..................... This is when a motor sailer with doghouse comes into its own - all you AWB and Bav owners dream on!

 

[steve_cronin]

So this was....

...damage to the adjacent boat in a marina bay?

It sounds like the opening play in what they perceive as a standard insurance job. This is usual. I clipped a Frenchman's tilted outboard leaving a tight berth in Cherbourg in 1984 and broke his o/b bracket. That NB Venturer would NEVER turn to port!. He was OK about it but I got a similar letter from his insurers and my company sorted it out. Never heard another word.

Yours is of course a little more difficult as you plead "innocent". Best let your insurers sort it out but stress to them that you certainly weren't to blame and that you didn't even know of any damage being sure that you cleared the berth cleanly.

I suppose that on the day that the disadvantaged owner reported the damage to the marina office you were in the frame as the last visitor to occupy the berth and you of course obligingly supplied your details at the time of reporting your arrival.

I have always thought that the "Avis de Passage" had more to do with liability than helping Crossma to guard your safety at sea.


Steve Cronin

 

[Chris_Robb]

Log Book and Passage plan

I suppose this is where I need my log book (and passage plan) - I am really bad at writing up a formal logbook, and my passage plans are on a sheet of paper which gets thrown away. - may be this is an example of why we should keep them.

 

[steve_cronin]

Re: Log Book and Passage plan

Possibly but your berthing receipts are much more use!

Steve Cronin

 

[Chris_Robb]

Re: Log Book and Passage plan

Agreed - Haliguen have confirmed we were there and Vannes - that we were not there.


Good job we paid for it!
<P ID="edit"><FONT SIZE=-1>Edited by Chris_Robb on 23/10/2002 14:34 (server time).</FONT></P>