Boats are considered entities. In other words they
are treated like people. So your boat is liable up
to it maximum value. If your boat is worth less
than $5000, as I expect, then you may end up turning
it over to the other boat owner, or selling and
giving him the proceeds.
If the other boat owner can prove you were negligent
in mooring your boat, then perhaps he might be able
to sue you personally. If, for example, you used
mooring lines that were undersized, or failed to
provide chafe protection, where needed
Bart Senior
(Dave) wrote
Hello:
This past september my docklines broke during a gale sending my Holder
20 sailboat into the neighboring powerboat cause about $5000 in damage
to the powerboat. A claim was filed through my homeowner's insurance.
The claim was rejected because my insurance company said that this
was an act of god and I was not responsible. After several go arounds
with my insurance company, I recommended that the owner of the
powerboat file through his insurance company. I recently found out
that his insurance company rejected the claim because he took to long
to file. Anyhow, the guy who runs my marina recently called me to let
me know that the powerboat owner was planning to sue me. I am
currently looking for an attorney to review this situation, but I was
curious if anyone knew who is legally responsible for the damage,
myself or the powerboat owner. I spoke to an attorney today and he
said that I would need a maritime lawyer for this case. As I searched
maritime law today, I could not find any rules and regs that apply to
my case. The inland rules only talk about responsibility while
underway.
Any thoughts would be appreciated.
Thanks,
Dave
Holder 20
Marmora, NJ