Marina collision

[Quadriga]

Visiting a different marina, we were pushed by the tide on leaving berth and lay alongside a powerboat. We were well fendered and left the marina. We are now being pursued for damaging the powerboat, the majority of the damage being to the outboard engines which were at the pontoon end. How a yachts bow could bend round the back of the boat is a mystery to us.
Anyone any ideas how we should deal with this situation?

 

[dom]

Sounds odd on the face of it.

However, you probably need to provide a few more details including pic, sketches, etc. before anyone can offer an informed opinion.

Edit: and don’t forget to pass their allegations directly to your ins co. before engaging in any correspondence whatsoever.

 

[mainsail1]

Well if it were me................Remember, it is for them to provide solid evidence that you damaged their boat. That should be witness statements, CCTV etc. Until they do I would not get involved except to deny liability.

 

[Stingo]

Just hand it over to your insurance company.

 

[Capt Popeye]

Hi yep would suggest that a diagrame showing ALL positions , wind direction , tide stream direction , etc etc pontoons layout

I brushed alongside a Yacht many many years ago, as a result of engine failure, our Fenders became entwined together, right opposite the Club House, so under full view of the Club Members drinking etc; by the time I rounded up, run my boat ashore, walked back to the Chattering Clubhouse I was aware of lots of 'chatter about how the Yacht was nearly sunk; cripes I thought so reported incident and gave my deatails to the Club Officers, then departed on my journey.

I recieved a letter advising me that the Yacht must be taken quite some distance for a Builders report on broken ribs, sprained planking, plus various other damage. All at my expense. The talk at the time was of a LLoyds inspection being required

I refuted the damage claims and took photos of the yacht which by chance the Owners laid against a Club Rubbing post

I paid a small damage inspection charge but then never heard anymore about it

But I was quite scared about all the escallating damage costs, presented to me

 

[Tranona]

It is up to them to show that you were negligent and caused the damage. ask for evidence and in the meantime prepare your "defence" by writing up an account including any illustrations of your position.

You may well find robustly putting the onus on them will stop them in their tracks.

Remember a third party claim is against you, not your insurer - the insurer is there to indemnify you against the claim, but first the third party has to prove you were negligent and caused the damage.

 

[James_Calvert]

If the power boat didn't have effective springs, it is possible that the outboards hit the pontoon in the course of your manoeuvres against it.

But if that's the case the damage could have happened any other time, previous or subsequent to your incident, and maybe totally unrelated to yours.

 

[Sandy]

Anyone any ideas how we should deal with this situation?

Report it to your insurance company with pictures and diagrams.

 

[oldgit]

Any marina CCTV ?

 

[Keith 66]

I witnessed a similar incident some years ago where a club member claimed a small sailing dinghy had damaged his outboard in a flat calm, & damaged the gearbox & lower leg (big 75hp job), neccesitating replacement of the leg itself at vast cost.
A few weeks later it emerged that his boat had fallen off the back of the launching trolley hard onto its outboard upon being launched.
The sailing dinghy carried the can despite being clearly not guilty.
Despicable behaviour in that case & one reason why premiums are so high.

 

[Quadriga]

Thanks for the responses. Boat owner is wanting the boat lifted out to check for underwater damage. Suspicious, yes! My 33' yacht is not a submarine.

 

[dom]

Thanks for the responses. Boat owner is wanting the boat lifted out to check for underwater damage. Suspicious, yes! My 33' yacht is not a submarine.

Sounds to me like he's either a chancer or a hysteric!

 

[Moodysailor]

I've worked in the marine industry all my life, first part in the leisure sector, now in commercial.
Whist I agree with all the above points regarding proving liability, report writing, etc - it's these cases that remind me there are always two people at the opposite ends, and both have invested heavily in their respective pride & joy.
So whilst it is easy to think of the other owner as somewhat disreputable, it's worth putting yourself in their position for a bit - they may be completely worried about their boat and want every precaution taken. Likewise the OP is quite confident of the way they managed the situation, so there are two diverging opinions.

It may be that case that the guy is just chancing it, i've seen a few of those in my time. As someone said above, a robust and well presented defence usually sorts those out. If they come back with an equally well presented claim, you at least know what type of person you are dealing with and can progress accordingly.

 

[Ink]

Visiting a different marina, we were pushed by the tide on leaving berth and lay alongside a powerboat. We were well fendered and left the marina. We are now being pursued for damaging the powerboat, the majority of the damage being to the outboard engines which were at the pontoon end. How a yachts bow could bend round the back of the boat is a mystery to us.
Anyone any ideas how we should deal with this situation?

I wouldn't discuss it on here. Pass the details to your insurance company and let them deal with it.

You might unwittingly write something your insurance company wouldn't want you to.

Ink

 

[TernVI]

I think you can over-estimate the degree to which insurance companies bother about assigning blame.
If someone dings your boat, your insurance will often pay up and not create weeks of work for themselves arguing with the other bloke's insurers, who are not unlikely to be underwritten by the same people.

Bit different if you sink someone else's container ship or create a major pollution incident.

The OP should simply refer the matter to his insurers, with a full and frank description of what happened.

 

[lustyd]

The OP should simply refer the matter to his insurers

Why? By the sound of it they briefly rafted to another boat. I wouldn’t even consider contacting an insurer over a normal boating manoeuvre. Unless and until someone provides some reasonable proof of damage and fault I’d do nothing at all.

 

[dom]

Oops, I quoted the wrong post, replying to lustyd !


I disagree. If one has been in an accident -- and in this case another person believes that their vessel has been damaged -- then the OP does have to tell his insurer. Possibly at the earliest opportunity, depending on his policy. He can either call or send them a letter explaining what happened.

But be clear this is for ‘information only’, you do not wish to make a claim, and do not believe you are in the wrong. Otherwise the other boat may make a claim against his insurer, which settles it, and then under subrogation rights pursues you/your insurance company for the money it paid.

Far far better if the ins co. has the heads up before this point is reached.

 

[TernVI]

Why? By the sound of it they briefly rafted to another boat. I wouldn’t even consider contacting an insurer over a normal boating manoeuvre. Unless and until someone provides some reasonable proof of damage and fault I’d do nothing at all.

It's not the incident itself which warrants a conversation with the OP's insurer, but the fact that someone is pursuing him over it.

 

[TernVI]

I disagree. If one has been in an accident -- and in this case another person believes that their vessel has been damaged -- then the OP does have to tell his insurer. Possibly at the earliest opportunity, depending on his policy. He can either call or send them a letter explaining what happened.

But be clear this is for ‘information only’, you do not wish to make a claim, and do not believe you are in the wrong. Otherwise the other boat may make a claim against his insurer, which settles it, and then under subrogation rights pursues you/your insurance company for the money it paid.

Far far better if the ins co. has the heads up before this point is reached.

I don't think we disagree much at all.
The OP needs to talk to his insurer.

 

[lustyd]

It's not the incident itself which warrants a conversation with the OP's insurer, but the fact that someone is pursuing him over it.

Harassing is the word unless there’s some kind of evidence.