Marina Collision Damage

TeamSpirit

TeamSpirit

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Went down to the boat for easter to be informed by a fellow berth holder that one of the neighbouring boats had collided with me a couple of weekends ago on checking they've caused a fair bit of damage ripping my pulpit from the back plates. He had 'forgotten' clearly to put a note or inform the Marina office of the incident. I have a witness and can assertain the owners details from the marina office but what shall I do ?

1. be benevolent and give the Gentleman an opportunity to provide details or,

2. set my insurance company on him without delay,

I would have expected better from a neighbouring berth holder but then not sure that thats a reasonable expectation these days. !??
 
I think I would be inclined to find out his name & address and drop him a line saying something like '' I understand that you were responsible for causing damage to my yacht. Please advise by return how you intend to pay for the repairs''.
Take the benevolent & polite route first & see how he responds. Also advise the marina of your actions.
 
If the owner hasn't bothered to contact you yet, presume dishonesty and a possible denial. Have a good look at his/her boat to see if you can see evidence there of a collision and if you find any take photo to show it (if that dishonest probably been covered up by now).
Any CCTV on the marina?
Then.... point to him/her that there is a witness and you feel sure that it is an oversight on his/her part (thats the acting bit) and present them with an estimate of the damage. In other words blackmail with the threat of being exposed as a dishonest pratt to all and sundry. You could still do that after they've paid up!
Good luck!
 
The marina office shouldn't give you his details but the will be able to contact him on your behalf. Tell them you have a witness and can provide date and time of the incident hopefully they will CCTV . The witness should really have reported it at the time.
 
Whatever you do regarding the culprit, you should inform your insurers as a matter of course.
Should the culprit fail to accept responsibility when contacted, do not take this as necessarily his true position on the matter: as with car insurance, many policies expressly state that he should not admit liability. You may read what you wish into his demeanour, but that won't pay your bills.
 
I think you are required to inform your insurers of a potential clam as soon as you become aware of it. You can always tell them you want to wait and see if the other guy does the gentlemanly thing but you should tell them immediately.
 
You claim from your insurers.
You give his details to them.
It's up to them, not you, to seek recovery from him, which they will do via his insurers.
 
Ex-SolentBoy said:
You claim from your insurers.
You give his details to them.
It's up to them, not you, to seek recovery from him, which they will do via his insurers.
Click to expand...

Agree absolutely, that is what we pay those premiums for.
I have been involved in 3 insurance claims, all due to another party, in each case my insurers paid up - less my excess - and then repaid the excess when they recovered the full amount from the other insurer. The last case was very similar to the OP's although in my case the other chap fessed up.
 
Leighb said:
Agree absolutely, that is what we pay those premiums for.
I have been involved in 3 insurance claims, all due to another party, in each case my insurers paid up - less my excess - and then repaid the excess when they recovered the full amount from the other insurer. The last case was very similar to the OP's although in my case the other chap fessed up.
Click to expand...

And if you have a good policy, like mine from Admiral, there is no excess payable for marina damage claims.
 
Ex-SolentBoy said:
You claim from your insurers.
You give his details to them.
It's up to them, not you, to seek recovery from him, which they will do via his insurers.
Click to expand...
Not quite. That is what happens with car insurance, which is why you have to give your insurance details to the other party

The procedure is; 1. Notify your Insurers that there has been an incident. 2. Try to contact the other chap either directly, or via the marina office. 3. Get an estimate for the cost of making good. 4. If he fails to respond within a reasonable time, make a claim on your insurance, advising them of what action you have taken so far, and the likely value of the claim. They then pursue the other party, who should supply his insurance details, and leave the two companies to fight it out.

OR In view of the delay and the fact he seems to be trying to get away with it, just lodge a claim with your insurers. Give them details of your witness. They will chase the culprit up soon enough, and are better placed than you to find out who he is. Just depends how charitable you feel about him for bashing your boat and walking away from it. Do you want to give him a chance to own up?

Whichever, you need to tell your Insurance Company NOW without delay that there has been an accident, otherwise this might prejudice your position. If they are anything like mine (Bishop Skinner) they will bend over backwards to help and advise you how to proceed, even if there is no actual claim. My boat nearly had the mast pulled out by a larger boat in a Marina after it snagged my rigging. The owners of the other boat came ashore immediately and with the Marina staff made sure my boat was secure until I returned, and made sure that I was contacted ASAP. Even so I rang my Insurers, who were incredibly helpful in advising me how to deal with it and what I should do to get my boat checked and repaired immediately so I could continue my holiday. They were even able to give me contact details for a local rigger and yard to get my mast down and check it properly. The owners of the other boat gave me a cheque as soon as they knew the total cost, so no claim was needed, but the Insurance Company really helped to get me back on the water without delay.
 
Take pictures - date stamped if possible.

Get the witness to put what they saw down in writing. Scribe for them if needs be.

Keep receipts for every out of pocket penny you spend.

Do everything in writing. If you have to have a telephone conversation. Write down the points and mail a copy to the other party.

If you ever have to go to court they just love that.
 
Many years ago my old boat chaffed through its stern line and damage3d a neighbours boat during bad weather. the marina office simply called me and asked me to contact the owner. I would ask you marina to call the owner and tell him that his boat was seen damaging another boat and would he please contact you. the owner ail then realise he is under some pressure and it will give him a face saving way of confessing to you.
 
Seven Spades has the right approach.

You do need to set things in motion, but unless you already know there's going to be a dispute it's nearly always a good idea to give the other party an opportunity for a face saving way out. Particularly if you don't actually know for certain that he didn't leave a note that has been blown away or tried to contact the marina office etc etc. Even if he didn't but uses it as a face saving excuse and agrees liability you will have got what you need and reduced the potential for antagonism.
 
I had three experiences similar to the OP.

First time, I visited the marina the next day and caught the overseas 'visitor' before he left. With some reluctance, he paid a fair amount for the damage. The accident was reported to the marina by another berth holder.

The second time, the guy did report his own accident to the marina, (another visitor), but when I called the number many times, there was no response. So I paid for the gel coat repairs myself.

And the third time I arrived at the marina to find damage to the bow. No note, no witness.

All damage was to our bows as people lost control in the cross currents entering the marina, and hit us. I then bought the biggest bow fenders that I could get.

Each repair was about £200 so I didn't want to claim in case it increased my premiums which are much more than this.

If the damage is substantial then it has to be worth telling your insurer and helping them chase the guy. But if its less than a few hundred, I think it will go straight on your premium next year if you claim.

Or is it just me who is cynical about insurance?

Cheers

Garold

However, if the guy is berth holder I would first approach him directly, or leave a note to ask him to contact you to discuss the damage. Our marina said fairly clearly that they would not get involved in any of the incidents except for sharing details that had been given to them with the request to pass them on.
 
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