Boating accident

[Roadman]

I was sailing along in my 23' boat. My outboard engine was retracted, out of the water. I was broadsided by a 70' passenger for hire sailboat being pushed by a tug. From all information gathered the 70' boat had violated at least 7 rules of the water. They ignore contact, by phone, letter or email in attempt to get insurance information or discuss the accident. the accident is still being investigated by the Coast Guard ( 4months). I have $7,000 in damages to my boat which I have paid for. Now I want to collect for the damage. Can I put a lien on their boat? How can I get them to respond short of hiring an attorney and going to court? Bob Portland, Me

 

[ecmst12]

Is there boating insurance for this type of thing?

 

[Roadman]

Yes under my home owners I had a $1000 limit. I had changed ins companies and had not checked what the limits of coverage I had for the boat. If I had the coverage then my ins company would chase them!!
Bob

 

[FlyingRon]

I have explicit boat insurance. My boat is worth more than my car.

 

[ecmst12]

Ok you can't put a lein on ANYTHING until you go to court and are granted a judgement. Or, you could try filing a claim with HIS homeowner's insurance first, or whatever he has that covers this type of situation. If it's too much for your small claims court, you'll have to get a lawyer.

 

[Zigner]

I would think you should you sue 4 parties (at least).

1) The owners of the sailboat
2) The operators of the sailboat (may be the same as #1)

3) The owners of the tugboat
4) The operator of the tugboat (may be the same as #1)

 

[Roadman]

Hi Zigner 1+3 are true. #2 Since the tour boat was engine less it didn't need a certified captain at the helm, probally summer help. But be being pushed by a tug means it has to follow the rules of a motorized watercraft. While there a rules to follow, I would attempt to avoid the collision reguardless of the rules. ECMST12 mentioned a lein. From what the Coast Guard has said I have a lien on their boat now because the accident is still under invistagion. Details taken the day of the accident by the harbor master and Coast Guard have been impossible to get. Until I contacted my Senator, now I'm getting some attention and information. But dealing with the other party will still be difficult. They won't provide any insurance information! They have no offical office location. So contact is by phone or letter. But I have 6 months to formulate a plan till they open their ticket booth for the season. Flying Ron mentioned insurance. I had coverage. But my agent changed policys for another good insurer for less $$. I didn't read over the boat coverage which had a $1000 limit. Had I coverage none of this would be an issue. In my hand, they take passengers on for tours and I have freedom of speech. I want respect!

1) The owners of the sailboat
2) The operators of the sailboat (may be the same as #1)

3) The owners of the tugboat
4) The operator of the tugboat (may be the same as #1)

 

[ecmst12]

You need to sue the at fault party or parties. That is likely the only way you will get their attention.

 

[Zigner]

Hi Zigner 1+3 are true. #2 Since the tour boat was engine less it didn't need a certified captain at the helm, probally summer help.

That is not a reason to exclude them from a law suit.

 

[Roadman]

That is not a reason to exclude them from a law suit.

Hi Zinger Not sure I understand " fault or fault parties" According to their web site the boat is owned and operated by three people. Not sure how the company is registered ie corp., Ltd etc. Are you recommending that I should sue the employees who were at the helm, operating the tug and the forward look out who under the CG rules should be forward to advise the person at the helm that the course they are on is safe. It has been 4 months I have been unable to get a copy of the accident report filed for the other party. The Coast Guard is still investigating, and that can take many more months! I've contacted my Senator to assist in collecting that information. That contact has opened a gov. inquiry and results are beginning to come in. Thanks for your contribution!

 

[Zigner]

Hi Zinger Not sure I understand " fault or fault parties" According to their web site the boat is owned and operated by three people. Not sure how the company is registered ie corp., Ltd etc. Are you recommending that I should sue the employees who were at the helm, operating the tug and the forward look out who under the CG rules should be forward to advise the person at the helm that the course they are on is safe. It has been 4 months I have been unable to get a copy of the accident report filed for the other party. The Coast Guard is still investigating, and that can take many more months! I've contacted my Senator to assist in collecting that information. That contact has opened a gov. inquiry and results are beginning to come in. Thanks for your contribution!

I am suggesting that you name everybody in the suit. The court will dismiss those who shouldn't be there.
In fact, you would probably be wise to add a few "DOES" to your suit - you never know...

 

[teflon_jones]

Please provide more information about exactly what happened in the accident, as well as the 7 rules the other vessel violated and how those bear on the accident. I'm not sure why you assume the other vessel is at fault. A vessel under tow has right of way over a sailboat, even if under sail power.