Medway hit, and run !! Insurance claim ??

sjoukje

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Hi

Four weeks ago my boat, a 10m steel motor yacht, was hit on her marina berth by a vessel, a large wide beam steel barge, attempting to moor in front. A small sports cruiser was also damaged by the same vessel. The accident was witnessed by a number of persons including marina staff and a member of the police, who incidentally was trying to fend the vessel of my boat. I was not present.

An verbal agreement was made with the owner that he would pay for the lift out, the relaunch and materials for me to repair the damage to my boat; subject to the damage found on the smaller sports cruiser. The damage to my boat was fortunately cosmetic, a number of dents - damaging the fairing filler and paint work. After getting a quote from the marina for a lift out/in, I estimated a total bill of around £500 if I did the work myself; at least double that, or more, if the on-site repairers did an insurance quote.

The small cruiser was lifted immediately as there were fears that she may be badly damaged as she was squashed against the pontoon by the 20 odd ton (?) barge. It would appear that incredibly no structural damage was done and the boat was subsequently relaunched and the cosmetic damage polished out.

The barge has now left the marina, the owner confirming by phone to the marina staff, in my presence, that he is unlikely to return. He admitted to the member of staff that he had damaged my boat, I was then given a copy of is insurance certificate by the marina office.

I telephoned his insurance company to ask about how to proceed with a 3rd party claim only to be told that as the owner had not reported the alleged accident that I cannot yet make a claim. They are sending him a claim form to his address at the marina but have told me that unless he acknowledges the claim they are legally unable process any claims. I have told them that he has left the marina and will not get the form.......current whereabouts unknown, last address was a box number at the marina.

So I'm guessing that the £3 million 3rd party policy is not worth the paper it's printed on, and before you ask I am insured 3rd party only, so cannot make a claim against my own policy. It appears that if you refuse to inform the insurance company of any potential claim, and then do a 'runner', they can just refuse to pay out, great !!!

Thankfully no one was injured or killed.

So do I put this down to 'experience', and get the boat lifted out and start the repairs myself ?

Rant over !!
 
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fireball

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You can always go down the Small Claims Court route - your claim is against the owner/skipper of the barge - not his insurance company...

If it seems likely that he's going to remain uncontactable then I'd assume no chance of recovery of costs and sort out all the damage as cheaply as possible - then still write to him and pursue him for reimbursement ... just without expecting anything.
 

Searush

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Go through your own insurance company, with witness statements, they will stand a better chance of getting something out of the other company.

Incidentally, his insurance company should have his proper contact details so that he can renew the policy next year.

Good luck.
 

jfm

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Go through your own insurance company...

Your own insurers wont be in the slightest interested. Don't bother involving them.

Are you saying there is no way you can find out the identity of the owner of this barge? That seems incredible. Surely you must be able to trace this barge from its name and other detialas left when it paid your marina. It cannot be hidden somewhere, just becuase of a £500 or £1000 issue. You even have a copy of his insurance cerif, so his name is on that isn't it? So track down whoever it is from the information you have and claim directly from them in the first instnace. If no response, use your evidence (statements from marina staff, the policeman, your own statement) and file a court claim
 
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sjoukje

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Just publish the name of the barge here so a few thousand eyes around the country can look for you and tell you its current location.

Thanks, I was thinking about the legality of naming the vessel. I know that the accounts dept. at the marina are also actively looking for the boat, and the owner......

I am in touch with the previous owner, who I know, to see if he has any photographs, unfortunately the boat has no name displayed, probably against Medway Ports regulations, apparently headed for the Upper Thames, but who knows how true that story was ?
 

omega2

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So if you only have 3rd party insurance you cannot make a claim against anybody? sounds daft to me. If the OP is totally innocent as it appears he is, and is given the particulars of the offending person, which he was, then surely his insurance company are bound to follow up the claim, if not then why bother to insure at all??
 

sjoukje

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Your own insurers wont be in the slightest interested. Don't bother involving them.

Are you saying there is no way you can find out the identity of the owner of this barge? That seems incredible. Surely you must be able to trace this barge from its name and other detialas left when it paid your marina. It cannot be hidden somewhere, just becuase of a £500 or £1000 issue. You even have a copy of his insurance cerif, so his name is on that isn't it? So track down whoever it is from the information you have and claim directly from them in the first instnace. If no response, use your evidence (statements from marina staff, the policeman, your own statement) and file a court claim

Hi

I have his name, the address on the insurance certificate was a Box number at the marina as he was a liveaboard, I don't have a proper 'home' address for him.

Thinking about the small claims court route but currently he is of 'no fixed abode'.
 

jfm

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So if you only have 3rd party insurance you cannot make a claim against anybody? sounds daft to me. If the OP is totally innocent as it appears he is, and is given the particulars of the offending person, which he was, then surely his insurance company are bound to follow up the claim, if not then why bother to insure at all??


Sure you can make a claim. Whether your insurers will/should do it on your behalf is another matter though. It's not daft at all that OP's insurers wont get involved, becuase OP has not chosen to insure for damage to his boat. If OP's insurers have only insured 3rd party risk, not risk of damage to OP's boat, why the hell should they get involved in a matter that involves only damage to his boat. Are they some kind of freebie CAB or something?
 
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Andrew_Fanner

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>>>
apparently headed for the Upper Thames, but who knows how true that story was
>>>
Description of barge? Worth contacting Teddington Lock (and one of the posters on thet Thames forum with that name and its what he does) to keep an eye out for same.
 

sjoukje

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So if you only have 3rd party insurance you cannot make a claim against anybody? sounds daft to me. If the OP is totally innocent as it appears he is, and is given the particulars of the offending person, which he was, then surely his insurance company are bound to follow up the claim, if not then why bother to insure at all??

His insurance company have stated that unless he acknowledges the 'accident' they are unable to process my claim, it doesn't matter how many witnesses I have. As he has not given then a new address they can only write to him at the marina box number, which I have told him he has now left.
 

omega2

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His insurance company have stated that unless he acknowledges the 'accident' they are unable to process my claim, it doesn't matter how many witnesses I have. As he has not given then a new address they can only write to him at the marina box number, which I have told him he has now left.

pass the lot to your insurers thats what you pay them for.
 

jfm

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Hi

I have his name, the address on the insurance certificate was a Box number at the marina as he was a liveaboard, I don't have a proper 'home' address for him.

Thinking about the small claims court route but currently he is of 'no fixed abode'.

Ah ok, I understand the practical difficulty

worth trying to finding him, and I can't see a legal problem if you post detials of the boat on here, with no defamatory statements, just a statement that you believe the boat made contact with yours in a Medway berthing incident

There is ever-developing law under which an injured party can claim DIRECTLY from the damage-causer's insurance company. I think we're up to the 4th or 5th EU directive on this topic. It is well advanced law for RTA, but less so for other property like boats. I will try to look this up for you later today and post some more.
 

sjoukje

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>>>
apparently headed for the Upper Thames, but who knows how true that story was
>>>
Description of barge? Worth contacting Teddington Lock (and one of the posters on thet Thames forum with that name and its what he does) to keep an eye out for same.

Hi

My personal feeling is that he has not left the Medway, there are only so many places that a barge of that size can moor. I know the marina office are actively using their contacts to try and locate him. When I get a photograph I will contact the mods to find out if I can publish the further details here.
 

dragoon

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If you're trying to trace a commercial vessel, you should be able to do via an AIS feed (assuming he has a transponder, which is quite likely).

I have "Ship Finder" for the iPhone which allows me to search for any vessel by name, over the viewed area. It cost less than 3 pounds for the full version.

Hope that helps in discovering where he's gone.

Cheers,
Paul
 

sjoukje

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Ah ok, I understand the practical difficulty

worth trying to finding him, and I can't see a legal problem if you post detials of the boat on here, with no defamatory statements, just a statement that you believe the boat made contact with yours in a Medway berthing incident

There is ever-developing law under which an injured party can claim DIRECTLY from the damage-causer's insurance company. I think we're up to the 4th or 5th EU directive on this topic. It is well advanced law for RTA, but less so for other property like boats. I will try to look this up for you later today and post some more.

Thank you for post, I am currently getting statements from the witnesses and will write to the owner at his last known address with my 'claim'. I will send a copy anyway to his insurance company, so that at least they are aware of what is going on.
 

lovezoo

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They are sending him a claim form to his address at the marina but have told me that unless he acknowledges the claim they are legally unable process any claims. I have told them that he has left the marina and will not get the form.......current whereabouts unknown, last address was a box number at the marina.
I think I would be tempted to find out where he is and physically take the claim form to him in person and ask him nicely to fill it in.
 
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