Legal Liability from Storm Damage
 

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

Legal Liability from Storm Damage
 

A claim was filed through my homeowner's insurance.


This is the number one reason not to insure your vessel with through your
homeowners. You may save money, but you won't get the claim representation.
In fact I knew a person whose boat sunk during a storm and he was denied
coverage because it was "an act of God"

I had a similar situation in which another boat broke loose in a storm and
caused a lot of damage to our boat. Even though it was clearly the other guy's
fault, each insurance company called the storm an "act of God" and paid for the
damage to their owner's boat only. Nobody was sued, and everything was handled
by the insurance company.

Not only that, but the insurance company sent out a surveyor to make sure the
repairs were done correctly. His job was not to find the cheapest way, in fact
the job cost several thousand more after he got done, but to make certain the
boat was seaworthy and a good risk for the insurance company.

You will not get this kind of service through a homeowners policy.

PS If all the damage was is $5,000, let him sue. Let him hire an admiralty
lawyer, etc. When you get summoned, demand arbitration. He won't get much.