Marina collision

lustyd

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Not as much as if you hide it or attempt some DIY defence!!

Read the policy and comply with the terms is the only sensible advice here.

Which almost certainly means reporting the mishap.
Who's talking about hiding or defending? Unless and until there is a credible claim do nothing. Once the other party explains why there is a real case then contact insurance. Until they can sensibly explain themselves there's nothing to actually report.
 

dom

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Who's talking about hiding or defending? Unless and until there is a credible claim do nothing. Once the other party explains why there is a real case then contact insurance. Until they can sensibly explain themselves there's nothing to actually report.


Almost all policies will have a clause like this:

”Notify xyz in the first instance and without delay of every event which may give rise to a claim under this insurance by sending a completed Claim Form signed by you by mail, e-mail or other….”

You’re tilting at windmills I’m afraid, but do carry on ?
 

lustyd

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Almost all policies will have a clause like this:

”Notify xyz in the first instance and without delay of every event which may give rise to a claim under this insurance by sending a completed Claim Form signed by you by mail, e-mail or other….”

You’re tilting at windmills I’m afraid, but do carry on ?
As far as I can tell the OP didn't believe any damage was caused and doesn't think there's a reasonable claim, so this clause doesn't apply. If you think this means call the insurer every time your boat touches something other than water you'd be very busy indeed!
 

Mark-1

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As far as I can tell the OP didn't believe any damage was caused and doesn't think there's a reasonable claim, so this clause doesn't apply. If you think this means call the insurer every time your boat touches something other than water you'd be very busy indeed!

I'd say this case is an 'event that may give rise to a claim' beyond any doubt. Whether the claim has merit or not who knows.
 

lustyd

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I'd say this case is an 'event that may give rise to a claim' beyond any doubt. Whether the claim has merit or not who knows.
Not at all, it's perfectly normal for boats to rest against other boats. If the OP had stoved in the topsides with an anchor I'd agree. If the claim was damage to the topsides I might agree. The damage is to an area they could not have reached to cause it, that deserves some explanation before it's taken seriously.
 

Tranona

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As far as I can tell the OP didn't believe any damage was caused and doesn't think there's a reasonable claim, so this clause doesn't apply. If you think this means call the insurer every time your boat touches something other than water you'd be very busy indeed!
Dom is correct. See Section M Claims in the attached. As you can see you should notify your insurer IF there is a likelihood of a claim. That is clearly the case in the OP's situation, but of course not in all situations where an incident occurs.
 

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lustyd

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Dom is correct. See Section M Claims in the attached. As you can see you should notify your insurer IF there is a likelihood of a claim. That is clearly the case in the OP's situation, but of course not in all situations where an incident occurs.
Yes I know Dom was correct that the clause is there. The interpretation of it is overzealous though. If you perform a manoevre which requires you to rest against another boat and you do not cause damage, that does not imply there may be a claim. If some nut decides they will use the excuse of you touching their boat to pursue you for a repair you have nothing to do with, again no reason to speak to insurer.
The correct action would be to ask the other party for an explanation as to specifically what damage they believe you caused and a reasonable explanation of how you might have caused it. At that point you either stop responding to the nutter or you call your insurer if a real claim is likely. If you know you didn't cause damage, and nobody has a reasonable explanation of how you did so, it's not an insurance matter.

Remember we're not in America. We're in a free country where people are innocent until proven guilty.
 

Mark-1

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If you perform a manoevre which requires you to rest against another boat and you do not cause damage, that does not imply there may be a claim.

Whereas "We are now being pursued for damaging the powerboat" does.
 

Tranona

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Yes I know Dom was correct that the clause is there. The interpretation of it is overzealous though. If you perform a manoevre which requires you to rest against another boat and you do not cause damage, that does not imply there may be a claim. If some nut decides they will use the excuse of you touching their boat to pursue you for a repair you have nothing to do with, again no reason to speak to insurer.
The correct action would be to ask the other party for an explanation as to specifically what damage they believe you caused and a reasonable explanation of how you might have caused it. At that point you either stop responding to the nutter or you call your insurer if a real claim is likely. If you know you didn't cause damage, and nobody has a reasonable explanation of how you did so, it's not an insurance matter.

Remember we're not in America. We're in a free country where people are innocent until proven guilty.
That is your opinion, and I leaned towards it initially. However the other party has indicated that he is investigating the damage which will incur costs, so in my view this moves it from a being just an incident to one where there is a likelihood of a claim. The OP has nothing to lose from advising his insurer - unless he proposes to meet any claim himself.
 

lustyd

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That is your opinion, and I leaned towards it initially. However the other party has indicated that he is investigating the damage which will incur costs, so in my view this moves it from a being just an incident to one where there is a likelihood of a claim. The OP has nothing to lose from advising his insurer - unless he proposes to meet any claim himself.
The other party is quite free to investigate the damage to their boat. Unless they can explain how that damage might have been caused by a third party though, there is no potential claim. I'm not saying anyone should argue, I'm just saying that before there is a chance of a claim there needs to be an explanation as to how the OP might have been involved. The damage was to a part of the boat that was not accessible, and there doesn't seem to be evidence of when the damage occured. That rings some very loud bullshit alarm bells for me. Once an explanation is forthcoming, then of course you'd want to contact your insurance.
If insurers want to be brought in early then they need to stop punishing people for calling them by raising premiums under the guise of higher risk.
 

lustyd

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It doesn't say 'likely'. It says 'may'.
Yes I can see that, thanks. Unless there is an explanation of how the OP caused the damage though the answer is still the same. A claim may be brought if there is a possibility that OP caused damage. Currently there is not. I could throw all kinds of unfounded accusations at you, that's no reason for you to willingly raise your own premiums!
 

Seastoke

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Well if
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?
Well if you was driving a car , you did a hit and run , WHY DID YOU NOT GO BACK.
 

dom

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Yes, but if there is no basis for being pursued then a claim isn’t likely. That should be established first.


The insurance company isn't asking for an opinion as to whether the claim is well-founded and/or likely to succeed. It simply wants to know of potential legal claims as they develop and requires its policyholders to inform it of such.

Following a non-contested contact, another vessel has indicated that it wishes to commission lifts/surveys for the purpose of assessing a subsequent claim.

Withholding the required information from the ins co. while operating some pub-derived legal defence may prejudice the ins co.'s legitimate interest in defending itself.

Whether you're trolling or just don't get it, this is bad advice and it might have serious consequences.
 

Poignard

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I don't think negligence is an issue. The only question is did you cause the damage. I freely admitted that I had stove in a plank when trying to manoeuvre in a fast flowing river. I felt awful, but the owner of a beautiful classic repaired it and charged me the princely sum of £60. Some years ago, but I have never forgotten the lesson, both in terms of boat handling and in being honest. Up till then I had dealt with numerous compensation claims as a valuer, and doubted everything.
I scraped a small amount of topside paint off an old wooden yacht (I wouldn't have called it a classic but it was obviously well-loved) during a badly thought-out manouvre. I traced the owner, wrote to him apologising and asked him to inspect his boat and let me know what damage there was. I received a charming reply saying the damage was too trivial to worry about.

I left a bottle of scotch in his cockpit. He was very pleased and so was I.
 

steveeasy

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Clauses do apply and you are under an obligation to notify insurance. If you choose not too thats fine and the insurance company probally at lberty to not cover the claim.
Steveeasy
 
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