TOWBOAT, grounding or salvage.

pine island fred

Lieutenant Junior Grade
Joined
Dec 20, 2002
Messages
1,144
Allow me to share an experience from yesterday. Storm moved up the coast and the wife suggested we spend the afternoon on the beach. Tide was going out so we took our 16 ft. as access to the island is tide sensitive.
Arrived at our ancorage, actually pull the boat on to shore, and find another boat there obviously in some difficulty. 28 ft. ctr consl. 2 big black o/bs on the back, right out of the box with no registration nbrs. on it yet. 2 guys, 2 women, 3 adolecent girls, 2 infants. They had all had a nice day on the beach and never noticed that the water in the sound was disappearing real fast. They were grounded big time. I had already figured out that someone was going to spend the night on the beach as high tide did not come in today till 11 AM. I discretely approached them and found out between the phone and radio conversations that they expected TOWBOAT to be there real soon, as soon as he can find the place, and they would be on there way. RIGHT !!!
TOWBOAT did finally get there after he found the small channel in the shalows. By this time the boat is pretty much in the mud, capt. tells the owners that this has to be considered a salvege, releases have to be signed before he can put a rope on it and the fee will be $125 per ft. which in this case would be $3500. Unhappy people but agreements were made and TOWBOAT hooks to a stern fitting as the bow is in the mud surrounded by mangroles. That little boat worked it heart out, sometimes obscured by the black desiel smoke, but the boat did not budge. By the way, never noticed it before but the heavy yellow rope floats, makes sense.
I have SEATOW coverage and have scanned the paperwork briefly. Did notice that there are groundings, hard groundings and salvage. Think these salvage charges are legitimate as I have heard of big buck charges before. Boat sat there overnight and can assume that there are charges for showing up but then again that could be covered by membership fees.
Knew it was coming, piled the women, children, infants in the boat, making sure everyone had life vest and brought them back to shore. In law who retrieved them brought overnite provisions for the 2 guys back on the island and asked if I would deliver them. Was a bit of a discussion but told them I couldnt make the trip if I was not going to bring beer and ice out to them. They saw it my way! Been there.
Might be a good idea to read your policies if you have coverage. Not sure what a salvage really is. I picture SOMELIAN pirates holding the boat for ransome. regards FRED
 

JoLin

Vice Admiral
Joined
Aug 18, 2007
Messages
5,146
Re: TOWBOAT, grounding or salvage.

Tow BoatUS (probably Sea Tow, too) insurance covers "soft groundings". Maybe, if the tow operator determines that it's a hard grounding or a sinking, he's then permitted to act independently and no longer as a representative?

I don't know how that all works, but good for you, for helping those folks out.
 

pine island fred

Lieutenant Junior Grade
Joined
Dec 20, 2002
Messages
1,144
Re: TOWBOAT, grounding or salvage.

Correction if I may. Boat that showed up was SEA TOW, yellow boat. I have TOW BOAT, red boat, covered for a whole $150 per incident.
Amazing power on those little guys. Was crouched in the water to keep cool, at least 75 ft. away at a reasonable pruden angle in case the rope broke and went flying. about waste deep, felt like a whirle pool or mountain stream rapids. FRED
 

mphy98

Lieutenant
Joined
Oct 20, 2008
Messages
1,422
Re: TOWBOAT, grounding or salvage.

Be very careful in Florida. My father used to live aboard his 40' sailboat, most of the time at dock in Pirate Cove by West Palm Beach, FL. One time he and his girlfriend were out and visiting another couple, he anchored out properly. When he came back he found sea tow trying to hook up to his boat after 8 hrs claiming salvage rights. This to a 2 year old boat!!!! He managed to get on and get his sawed off, called the coast guard, and after the truth was told the sea tow captain had a warning not to try and pull that anymore.. My dad says this was very common in the 80's and 90's. A lot of people lost boats and had to sue to get them back when they were not abandoned. I would never sign a salvage anything, gives them to much authority over my property.
 

dingbat

Supreme Mariner
Joined
Nov 20, 2001
Messages
16,338
Re: TOWBOAT, grounding or salvage.

I brought this issue up the last time we had one of those "you?re required by law to" threads.

If by law you are required to offer assistance, by law you can also claim salvage on the boat.

http://findarticles.com/p/articles/mi_m0BQK/is_2_8/ai_98901285/

The main indicator that determines salvage or towing is the potential for "peril." Take it away -- you have towing. Add peril, and you have the potential for salvage. Historically and legally, salvage is any voluntary and successful rescue of a boat, its cargo, and/or passengers from peril at sea. Today, that definition also includes the successful avoidance of damage to a legally protected marine environment.

Whether it's a snowstorm, gale, reef, turbulent waters or running hard aground, salvage was and is today the only way to award a rescuer who risks their life, limb and vessel for others.

Salvage often results in a request for a percentage of the boat's post-casualty value and is covered by a yacht insurance policy, not a rowing service plan. It's an award for extraordinary service. The amount of the award also factors in the risk to the salvor and their crew.

On the other hand, towing costs much less, is billed by the hour -- today around $125-$150 per hour (daytime rate under normal conditions) -- and is often provided for under many prepaid towing service plans, such as TowBoatU.S. towing services.

When help arrives, it's important to first reach an understanding with the towboat captain about what exactly you're getting before any action is taken. Knowing up front, one way or the other, is a critical first step in the recovery process. If wind and sea conditions don't make this possible, any towing company should tell the boat owner or captain as soon as they can. But don't always assume you will be told -- ask first.
 

mikeneal

Senior Chief Petty Officer
Joined
Jan 28, 2004
Messages
710
Re: TOWBOAT, grounding or salvage.

IMO the salvage laws are a couple hundred years obsolete and need to revised. All the major towing companies (well all two if them) do not cover salvage. I am not an expert but from what I know the vessel or passengers has to be in peril. It is a negotiable and for sure do not enter into and sign anything blindly.
I have a friend that is crew chief on a off shore race boat and they had an issue once couple years ago where the yellow boats acted as safety crew for race. During the event a race boat flipped, driver and throttle man were unhurt and when the boat got back to dock towing company tried to claim it is salvage. About 100 angry racers "talked" them out of the concept.
 

Bifflefan

Commander
Joined
May 27, 2009
Messages
2,933
Re: TOWBOAT, grounding or salvage.

It requires just one towing vessel with lines attached to a grounded boat to refloat it or to the disabled boat to tow it. If a grounded boat can rest without peril until the tide returns to float her free, or a boat is drifting in calm conditions after losing power, it almost always calls for towing, not salvage.

i just read this on the Tow Boat site.
 

jonesg

Admiral
Joined
Feb 22, 2008
Messages
7,198
Re: TOWBOAT, grounding or salvage.

Allow me to share an experience from yesterday. Storm moved up the coast and the wife suggested we spend the afternoon on the beach. Tide was going out so we took our 16 ft. as access to the island is tide sensitive.
Arrived at our ancorage, actually pull the boat on to shore, and find another boat there obviously in some difficulty. 28 ft. ctr consl. 2 big black o/bs on the back, right out of the box with no registration nbrs. on it yet. 2 guys, 2 women, 3 adolecent girls, 2 infants. They had all had a nice day on the beach and never noticed that the water in the sound was disappearing real fast. They were grounded big time. I had already figured out that someone was going to spend the night on the beach as high tide did not come in today till 11 AM. I discretely approached them and found out between the phone and radio conversations that they expected TOWBOAT to be there real soon, as soon as he can find the place, and they would be on there way. RIGHT !!!
TOWBOAT did finally get there after he found the small channel in the shalows. By this time the boat is pretty much in the mud, capt. tells the owners that this has to be considered a salvege, releases have to be signed before he can put a rope on it and the fee will be $125 per ft. which in this case would be $3500. Unhappy people but agreements were made and TOWBOAT hooks to a stern fitting as the bow is in the mud surrounded by mangroles. That little boat worked it heart out, sometimes obscured by the black desiel smoke, but the boat did not budge. By the way, never noticed it before but the heavy yellow rope floats, makes sense.
I have SEATOW coverage and have scanned the paperwork briefly. Did notice that there are groundings, hard groundings and salvage. Think these salvage charges are legitimate as I have heard of big buck charges before. Boat sat there overnight and can assume that there are charges for showing up but then again that could be covered by membership fees.
Knew it was coming, piled the women, children, infants in the boat, making sure everyone had life vest and brought them back to shore. In law who retrieved them brought overnite provisions for the 2 guys back on the island and asked if I would deliver them. Was a bit of a discussion but told them I couldnt make the trip if I was not going to bring beer and ice out to them. They saw it my way! Been there.
Might be a good idea to read your policies if you have coverage. Not sure what a salvage really is. I picture SOMELIAN pirates holding the boat for ransome. regards FRED


Imbeciles can't be insured to cover a lack of common sense .
 
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