Responsible for your wake? maybe not...

[Andy'sDelight]

Re: Responsible for your wake? maybe not...

While reading this keep in mind I have no intention of placing blame, rather to show how we have changed as a people in the last 30 years.

Just because you can, is not the best reason to do something, its not a reason at all.
If you were tied to a friends boat and this happened it would have a very different out come.

1st, you would claim it on your insurance. Chasing down someone and asking for their insurance, probably not going to happen with no real boat to boat contact.
2nd, you would be paying out of pocket for the repairs.
3rd, you would have lost a friend trying to make him pay for it. Would you have offered to pay for his boat if the damage had happened to him?

Complain about it all you like, but it is still something is not in anyone's real control, and i'm sure there was no intent to do damage to your's or anyone else's property.

My opinion is, man up and just fix it. Complain and go in the garage and break something. Then bury it down deep and never speak of it again.

We as a people are always looking to find others to blame for every little thing these days. That is a trait we can do with out.
And yes, I have had insurance for 35+ years and only once had made a claim. My house burned down. Burried it down deep and I dont talk about it anymore.

OK, so if you KNOW who burned down your house, by their own negligence, you would just let it be and "man up" and pay for it yourself?

 

[Beefer]

Re: Responsible for your wake? maybe not...

Brief update. The other boat is a 35' SF, was insured for $125k. The insurance info he gave the CG to give me lapsed 2 years ago. Hmm. This may get even more interesting...

 

[DANZIG]

Re: Responsible for your wake? maybe not...

The plot thickens!!!

 

[LippCJ7]

Re: Responsible for your wake? maybe not...

Beefer Hate to see you getting the runaround and I hope it works out in your favor.


I was boarded twice this year and both times were at Dusk roughly, more dark then light, I had my lights on properly and they asked to do the routine safety check as they came along side. Both times I told them I absolutely had no problems with them coming aboard but we would not be tieing up without fenders. Neither time did they have a problem with it and neither time did they elect to tie up with me but both times they asked why? I was simple and straight forward, I know they have RIB's but that in no way protects the finish on my boat. May be of note that they had 2 and 3 rangers on board.

I know it doesn't help you Beefer but thought it may help others and possibly you in the future.

Good luck

 

[basstracker219]

Re: Responsible for your wake? maybe not...

It's not that they are held responsible, but rather that they were in "care, custody, and control" of your vessel at the time. They became the "primary insurer" of your boat at that point. It's not a "right or wrong" thing, it's an "insurance law" thing.

i agree, you didnt have control of the boat they did.

 

[DANZIG]

Re: Responsible for your wake? maybe not...

Any updates??

 

[Beefer]

Re: Responsible for your wake? maybe not...

Just got the estimate - $600. In the mail yesterday I also got the claim form from the USCG. I'm waiting to hear back from the local Marine Sheriff once he interviews the other vessel operator. When I do, I'll update again.

 

[Home Cookin']

Re: Responsible for your wake? maybe not...

glad it's so low. I doubt this will see either an insurance claim or a court room.

 

[Yacht Dr.]

Re: Responsible for your wake? maybe not...

Just kinda curious on this one...

Who tied off Your boat..did the coasties board and tie ? was it There lines involved or did you give them the lines to secure the two boats together ?

I dont know if the maritime laws have changed..but as I recall in the Islands..there were many times where the CG was called to tow..and the 0wner tied off lines to an unsecure location .. therfore damaging the towed boat.. the CG wouldnt be responsible.

YD.

PS. IF your ever in tow by the CG... make sure you have a sharp knife to cut your lines Fast !!.. Watching a cutter tow a 30' sloop is mindboggling..

PSS. Dont mess with the coasties..they can start cuttin and gutting..then give you a stack of paperwork to fill out for the repairs ..

 

[Beefer]

Re: Responsible for your wake? maybe not...

It was their lines, and they did the tying off.

 

[jonesg]

Re: Responsible for your wake? maybe not...

Boy it must be offseason time again.
Haven't looked out the window in a while.

 

[Summer Fun]

Re: Responsible for your wake? maybe not...

The GC said they'll pay for his repairs !!.

... END OF STORY,

Everybody always wants to turn a ant hill into a mountain.

 

[JBF 1962]

Re: Responsible for your wake? maybe not...

I just don't get these guys who travel mindlessly through no wake zones without a care in the world. Utterly disrespectful. And they likely are the ones telling the world what awesome boaters they are...

 

[Beefer]

Re: Responsible for your wake? maybe not...

*****UPDATE*****

I haven't re-read the thread since way back, but IIRC, there were some who said the CG wouldn't pay, so this is an update as to what's happened so far.

Got a call on Tues from a CG investigator to set up a day/time for him to come see the damage, and hear the story from me again.

He came out yesterday, and the last thing he told me was that it will go to a review in Miami, and then I should be getting a check for full damages. Said it may still be a couple months before it gets through all the red tape, but he didn't see any reason it wasn't going to happen.

I personally think this loophole in the 'Responsible for your own wake" rule is appalling. The owner of the sportfish should be held financially responsible for the damages, and I told the CG that, and that if needed, I would happily testify if they attempt to recoup their losses from the other boater.

The whole thing stills frosts my nards....

 

[southkogs]

Re: Responsible for your wake? maybe not...

Wow - that's a crazy tale!

I would agree that the SF driver was ultimately responsible, but I can see due to "command and control" of your vessel where the CG could assume responsibility. What I didn't see anywhere in the thread - though I might have missed it - why not take the guy to small claims to recover damages? I would think that the CG would be able to release an incident report to support your claim on damages caused by his wake.

I'm not used to waterways like yours, though I used to go on the Great Lakes some. I'm more used to dealing with the local Sheriff, and have seen those guys pull more than one boat off the water. Probably not as easy with a 40 footer.

 

[mommicked]

Re: Responsible for your wake? maybe not...

In our state,you must reduce speed or change lanes if you approach an emergency vehicle or LEO or roadside assistance patrol w flashing lights on highways or other multi laned roads shoulders for safety, or face fines etc. What if the CG was giving first aid or responding to a medical emergency? The wake could have further injured or killed someone in the boat or the water I would assume. I think we have a 100yrd rule for passing LEO boats who have stopped someone in fresh water. Probably not far enough for the SF wake but there should be a law if there isnt. Its common sense that two boats tied together are gonna get beat up by a large wake.

 

[Beefer]

Re: Responsible for your wake? maybe not...

Wow - that's a crazy tale!

I would agree that the SF driver was ultimately responsible, but I can see due to "command and control" of your vessel where the CG could assume responsibility. What I didn't see anywhere in the thread - though I might have missed it - why not take the guy to small claims to recover damages? I would think that the CG would be able to release an incident report to support your claim on damages caused by his wake.

I'm not used to waterways like yours, though I used to go on the Great Lakes some. I'm more used to dealing with the local Sheriff, and have seen those guys pull more than one boat off the water. Probably not as easy with a 40 footer.

Yes, I could have taken him to small claims court, but after talking with my attorney, I would probably have to have named the USCG as co-defendants, as they were (by all accounts) wrong to have tied up to me the way they did. What would have happened in small claims is that a percentage of the responsibility would have been placed on each party, and they each would have had to pay that percentage of the damages.

I took the easier (not necessarily quicker) route, by going to the CG. If the CG only pays a percentage, I will then proceed with a small claims filing against the other boater. At that point, the CG would not be involved, except as a witness.

 

[captainzac]

Re: Responsible for your wake? maybe not...

This is simple

turn it into your insurance company
explain what happened and I am assuming that the offender got a ticket
Your insurance will file claims against the offenders insurance company
Let your insurance company use their lawyers that is what you pay them for in your yearly premiem

It is handled just like an auto accident
Let the insurance companies handle it

Harry

 

[Beefer]

Re: Responsible for your wake? maybe not...

This is simple

turn it into your insurance company
explain what happened and I am assuming that the offender got a ticket
Your insurance will file claims against the offenders insurance company
Let your insurance company use their lawyers that is what you pay them for in your yearly premiem

It is handled just like an auto accident
Let the insurance companies handle it

Harry

See what happens when you assume?

Other boat was not ticketed. The Coasties boarded him, told him what happened, and he was (in their words) very apologetic, understanding, and was taking responsibility. He gave them his info, and ins. info (which ended up not being correct, his insurance lapsed), and they felt he was nice enough, and was sure he would take care of it. When I called the next day, he had a completely different attitude. The Boarding Party has been reprimanded for not ticketing him.

I don't have insurance, so that's a moot point.

 

[TilliamWe]

Re: Responsible for your wake? maybe not...

...
I don't have insurance, so that's a moot point.

Doesn't seem like a good idea to me. Not now, not ever.

Kudos to the Coast Guard for stepping up. They should pursue the wake maker, and something tells me they will. i am sure this isn't their first rodeo!