Marina collision

[lustyd]

. It simply wants to know of potential legal claims

No, it wants an excuse, any excuse, to raise your risk profile and therefore premiums legitimately. Anyone who has ever found out about the no claims discount scam* can tell you that!

* "sorry sir, your no claims discount of 60% still applies, but unfortunately your overall premium went up"

 

[Mark-1]

Yes I can see that, thanks.

Good.

 

[Poignard]

If a motor boat hit you , what would you want.

Motor boat?

They're owned by rich people aren't they?

I'd want a complete hull refinish, new mast and rigging, compensation for loss of use, compensation for worry and stress, maybe a new engine if I could wangle it.

 

[NealB]

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

Do you think, "we lay alongside ..... we were well fendered" (post #1) is synonymous with "hit and run" (post #55)?

They sound very different to me.

 

[lustyd]

Do you think, "we lay alongside ..... we were well fendered" (post #1) is synonymous with "hit and run" (post #55)?

Indeed, given that laying alongside another boat is a well documented method of manoevring I don't see how I'd differentiate between doing it by accident or doing it on purpose in terms of potential claims. Aside from feeling the force of impact or seeing damage as you leave, but if I ever thought I'd caused damage I would stop and tie up to assess, so before leaving I would know I hadn't caused damage. Where do we draw the line, should we call the insurers any time the pontoon receives a slight bump too?

 

[prv]

Indeed, given that laying alongside another boat is a well documented method of manoevring

In post #26 the OP went from “laying alongside” to “Possible horizontal scuff which will probably polish out.” I think there was more contact than you’re imagining.

Pete

 

[dslittle]

Some time ago we were ‘hit’ by an early morning departing yacht in strong winds. They caused our port nav light to break off. We were on board but they continued before I could get out and speak to them. I thought that it was bad that they had continued without speaking to us but I did manage to get the boat name as it made off.
Later that day, we went into another Marina. As we went in, a couple came over to take our lines. It was the couple that had hit us eight hours previously. The first thing that they did was to apologise for hitting our boat and asking if we had incurred damage. I told them that they had smashed our port nav light. They told me that they normally sailed with others on board and that, on this occasion, were short handed and had underestimated the weather and were very embarrassed that they had hit my boat. Due to the weather conditions they did not feel confident enough to stop and (in shock) continued on their way. They stated that it had ‘ruined’ their day as they were worried about what they had done. They were very apologetic and offered to pay for the damage.
Up until this moment I had FULLY intended pursuing them to the ends of the Earth (electronically not physically…) for recompense in relation to the damage and my time. Following on from this conversation (and having calmed down over the day) I told them that I had replaced the broken light with a spare that I had and that there was no need for them to worry.
That evening we all went out for a very convivial meal which they subsequently offered to pay for.
It was a boating incident. My initial thought was that they had done a hit and run (which they had really) but their circumstances were such that they felt unable to do anything about it.
A number of years later I hit a French boat in a Marina in strong winds and scuffed their pulpit. I was mooring up but there wasn’t anybody around to witness the incident. The next day, people went aboard the boat that I had hit. I went over to them and explained that I had scuffed their brightwork. They had a cursory look at the pulpit, gave a Gallic shrug and thanked me for letting them know. We shared a bottle of wine with them later that day…
Not all boating incidents need to be reported to Insurers…

 

[NealB]

In post #26 the OP went from “laying alongside” to “Possible horizontal scuff which will probably polish out.” I think there was more contact than you’re imagining.

Pete

Good point ...... thank you.

But shouldn't springs prevent damage to engines and props anyway?

 

[Poignard]

In post #26 the OP went from “laying alongside” to “Possible horizontal scuff which will probably polish out.” I think there was more contact than you’re imagining.

Pete

 

[penfold]

Good point ...... thank you.

But shouldn't springs prevent damage to engines and props anyway?

Indeed, a properly moored boat shouldn't be able to range about and strike anything that isn't protected by fenders.

 

[Mark-1]

Indeed, a properly moored boat shouldn't be able to range about and strike anything that isn't protected by fenders.

Movement due to wind and tide, yes. Due to a collision? Less so. (Whether or not there actually was a collision we don't know.)

EDIT: Actually we do know - the OP used the term collision in his title.

 

[lustyd]

In post #26 the OP went from “laying alongside” to “Possible horizontal scuff which will probably polish out.” I think there was more contact than you’re imagining.

Pete

Thanks Pete, I had missed that post. That said, it doesn't change my stance at all. If there's damage, and it was caused by OP then of course they ought to tell the insurer, same as if the owner can explain how damage was cause that they didn't think they'd caused.

 

[anoccasionalyachtsman]

In post #26 the OP went from “laying alongside” to “Possible horizontal scuff which will probably polish out.” I think there was more contact than you’re imagining.

Pete

And it implies an amount of friction and resultant force. Newton had a theory about this. If the motorboat's outboards were close to the pontoon behind, and it's springs either loose or elastic enough we now have a second equal and opposite reaction.

 

[Tranona]

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.

You really do seem to have difficulty in understanding the issues and start imagining things that simply do not exist. Where is your evidence that insurers will take away a 60% NCD (which no marine policy gives anyway) or put your premium up just because you have advised them there is a possibility of a third party claim because you had made contact with another boat, the owner of which advises that there may be some damage? The OP has already admitted that the incident happened. Of course the third party will have to show the damage (if any) was the result of the incident - but that is not for decision at this point, but for the insurer to decide.

Of course thee OP could decide not to involve his insurer and deal with it himself, but if he intends relying on his policy he must notify the insurer as required by his contract with the insurer (the policy).

Your last sentence seems to relate to some imaginary world of your own creation rather than reality.

 

[lustyd]

No, my last sentence is based on experience of the insurance industry, both inside and outside of it.

 

[xyachtdave]

In post #26 the OP went from “laying alongside” to “Possible horizontal scuff which will probably polish out.” I think there was more contact than you’re imagining.

Pete

Instantaneous tide easing...an interesting phenomenon I’ve not encountered!

Tide eased so backed out of berth. Possible horizontal scuff which will probably polish out.

 

[Tranona]

No, my last sentence is based on experience of the insurance industry, both inside and outside of it.

Well, would be good to have specific examples of your assertion in post#61 and examples of yacht insurers "punishing people for calling them by raising premiums under the guise of higher risk". Name of insurer and insured in each case would be helpful.

Facts trump unspecified assertions and to start your claim in respect of no claims bonus rates is wrong in relation to yacht insurance. The typical maximum discount is around 20%. My HKJ policy is 22% after 25 years claim free record.

 

[awol]

I was involved in a collision while racing - windward AWB's stern swung wildly on a wave and her pushpit hit my teak gunwhale capping leaving a slight witness dent. I subsequently got a claim from a no-win-no-fee mob of Weegie shysters for megabucks to dismantle the AWB to reach the attachments and replace the pushpit corner. I passed the claim to Pantaenius with a note of my view of the incident. They didn't pay and my premium actually dropped slightly the following year.
Just tell your insurers.

 

[savageseadog]

As already stated, if you don't notify your insurer promptly and/or discuss liability with the other party they will decline a claim.

 

[Blue Sunray]

In post #26 the OP went from “laying alongside” to “Possible horizontal scuff which will probably polish out.” I think there was more contact than you’re imagining.

Pete

It sounds like it's a case of an irregular verb.

I lay alongside
You brushed against
He wacked into