Just got hit head-on by a sailboat

[MichaelB1969]

I'm speechless. This happened about 40 minutes ago. We were anchored at McCovey Cove and we were in the boat making hot chocolate. My son all of a sudden said "Look!" and I turned and through the windshield saw a sailboat about 10 feet away from us doing about 4+ knots, heading literally straight for us. I don't think he could have hit more on center. Fortunately, he contacted the anchor chain which caused him to veer off to the side. He did make contact with my cap rail and sneered off about a 5" x 2" section of gelcoat.

I don't even know what to say. I got his name, cell phone, boat name and registration numbers.

Anyone have any advice on what to do from here other than make contact with the guy and let my insurance company know?

There was at least 50 to 75 feet on either side of me. Just no explanation...

Heading to my slip now to assess if there is any more damage.

 

[Sailor of Fortune]

were you anchored, moored or underway? which side did he hit you on?

 

[Lou_tribal]

First thing to do: Take your anchor chain, kiss it like a treasure, it saved your boat!!! Your chain deserve a good scrubbing!

I hope for you you don't have more damage and that everything will end as a good story to tell.



L.

 

[MichaelB1969]

I was anchored. After hitting the chain it veered him off to my starboard side. He made contact with the cap rail about 1/3 of the length of my boat from the bow.

 

[MartySchwartz]

While you remember everything make a detailed log entry in your log book. Include GPS position, depth, scope deployed, every detail you can think of. You are probably required to file a written accident report (reporting requirements are state dependent). Next step is to contact your insurance company and file a claim. They will likely want a surveyor to take a look as well. Not saying this guy will try to claim it is your fault but the sooner you file the claim and report the sooner you are better protected.

Marty......................

 

[Nightsky]

Document everything while it is still fresh in your memory. Include your position and time it occurred and visibility in the area. Don't leave any details out. Take pictures of the vessel in question if you still can and pictures of any damage. Then contact CG to report the collision, just so it is officially reported. Then contact your insurance company.

 

[Bruce B]

This happened to us once. We were anchored in Edgartown, middle of the afternoon. We were ashore and came back to the damage. The guy admitted to being at fault to the harbormaster who witnessed it.
He left the area and when I later tracked him down, he just denied being there until I sent him pictures a neighboring boat took. He then proceeded to tell me how important a person he was as a supplier of vintage Land Rovers to movie sets and hung up!
The damage was slight so I simply made repairs myself and chalked it up to the guy being an idiot!
Bruce

 

[RT Firefly]

Greetings,
Call the cops immediately. Hit and run. I wish you all the best with the outcome. Do not scrub the anchor chain (destroys evidence).

 

[FlyWright]

Happened to me in the SF Bay during Fleet Week 2015. Took pics of both vessels immediately. Got the boat name, owner's name, insurance company, recorded time, date, conditions while fresh in my memory. Spoke to my insurance company who sent a surveyor out to assess the damage. Spoke with his insurance company that agreed to pay for all repairs.

Last week when dumping my rode on the dock, I came across the section with his bottom paint on it. I had to smile, looking back on all the grief and aggravation it caused, but my boat is better today that it was the day before the allision.

It's frustrating, I know. Hope your results are as good or better than mine.

 

[jsc7]

Get an estimate on the damage and see if the guy will pay it, tell him he can file a claim with his insurance company (LOL, if he dumb enough to run into your boat, he might be dumb enough to do that).

If he refuses to pay it, you have the following options:

(1) sue him pro se

(2) fix it yourself with your own money

(3) pay for the repair yourself and make an insurance claim

If you do #3, you might have to switch insurers later because your insurer will probably raise your rates. The money you "gain" from the insurer will be more than compensated to them by the higher rates. You cannot ever win with insurance.

 

[MurrayM]

Thinking like a defence attorney...does a black anchoring ball (day shape) displayed on the bow come into play here?

 

[Ex Sailor]

Sorry to hear ..... The boating fraternity as a whole has no honor or integrity, it is based on lies, obfuscation and denials. You are on your own ! I too was hit by a sail boat while I was anchored, I had to chase the guy down in the anchorage where he gave me that " I've been sailing 50 yrs. and know what I'm doing bull sh*t " and just walked away. His insurance co. did not even want to talk to me .... LOL I ended up filing a claim in local court and eventually settled for .30 / dollar from his Insce. Co. Clearly the mistake I made was that I got 3 honest estimates for the repairs .......

fb

 

[ancora]

Rreport it to the CG immediately as there is a big fat fine for failure to do so.

 

[markpierce]

Thinking like a defence attorney...does a black anchoring ball (day shape) displayed on the bow come into play here?

Ball required even in designated general anchorages.

Hoisted from forward spar:



Mounted at bow:



accident report form:
Boating Accident Report Forms

 

[Sailor of Fortune]

Thinking like a defence attorney...does a black anchoring ball (day shape) displayed on the bow come into play here?

It certainly does if its not a designated anchorage, unfortunately. Very much doubt an anchor ball was displayed.

Anchor ball does not need to be displayed from bow,usually aloft in rigging.

 

[jsc7]

You only need to report it if the damage is "more than $2,000".

I could not find any regulation specifying a fine. If anybody knows what that regulation is.... ?

 

[markpierce]

You only need to report it if the damage is "more than $2,000".

...

In what jurisdiction is that the rule? In California, it is $500.

 

[jsc7]

In what jurisdiction is that the rule? In California, it is $500.

That is the federal rule. The previous post said report it to the "coast guard". The coast guard regulations specify that accidents only need to be reported if the damage is more than $2000 (or somebody dies, etc).

 

[HopCar]

Nobody was hurt. The guy gave you his contact information. File a claim with your insurance company and they will handle it from there. That's why you pay those premiums.
Life is too short to get angry about an accident like this.

 

[gaston]

We have the $2000 rule in Australia for car insurance $2000 on a Merc AMG is a broken tail light how can anyone judge repair cost . I told my daughter to just ring the police and tell the other driver is drunk and let them do what they are payed for

 

[SaltyDawg86]

It certainly does if its not a designated anchorage, unfortunately. Very much doubt an anchor ball was displayed.

Anchor ball does not need to be displayed from bow,usually aloft in rigging.

Man, all for defending that blow boater!

 

[Sailor of Fortune]

HopCars advise is the best way to handle it in my opinion. Get your rail fixed and hopefully it won't be an argument over insurance companies...

 

[MichaelB1969]

Just washed the boat down and this seems to be the only damage, an approximately 4" x 1" section of gelcoat scraped off.

I did get the guys name, cell number, boat name and registration numbers. He was extremely apologetic. I was still in shock that it happened given the space he had to maneuver. He must have been seriously distracted.

Thanks for all the tips. I did call the CG and they told me to report it to the California Division of Boating and Waterways, which I'm in the process of doing.

 

[Blissboat]

As HopCar says, insurance should handle it. But as my doctor says about insurance companies, "they're all good, until you need them."

Meanwhile, day shape or no day shape, here's what Farwell's advises when crashing into an anchored vessel:

"It is a matter of seamanship that any vessel underway keeps clear of a vessel not underway. There is a definite presumption, by the courts, in favor of a vessel moored or at anchor, as against the vessel that collides with her - and quite properly, of course, because of the relative helplessness of the fixed vessel to avoid collision. In restricted visibility, a vessel striking another at anchor is practically self-convicted of excessive speed, since she has conclusively demonstrated her inability to stop in time." In short: " A moving vessel is prima facie in fault for a collision with one which is moored."

~ Frank E. Bassett and Richard A. Smith, Farwell's Rules of the Nautical Road, Sixth Edition (Annapolis: U.S. Naval Institute Press, 1982), p. 327.

There have been two subsequent editions of Farwell's, but it's unlikely that the presumption of guilt against moving vessels has changed.

 

[jsc7]

Do not report it to your insurance company. That will cause an increase in your rates.

You want the other guy to report it HIS insurance company.

Call him up and find out whether he plans on paying for it himself, or whether he is going to file a claim with HIS insurance company. If he is paying for it himself, get the estimate and send him the estimate, and verify he will pay, then have the work done. If he is having his insurance company pay for it, don't bother with a written estimate. Just have the work done and send the bill to him, then he can submit it to his insurance company. If the insurance company tries to negotiate with you, tell them you will sue their client if they do not pay in 30 days. That will usually cause them to stop trying to nickel and dime you. (Do not send an estimate to an insurance company, they only thing they care about are actual bills, not estimates.)

 

[Pau Hana]

Nobody was hurt. The guy gave you his contact information. File a claim with your insurance company and they will handle it from there. That's why you pay those premiums.
Life is too short to get angry about an accident like this.

THE correct answer.

Do not report it to your insurance company. That will cause an increase in your rates.

You want the other guy to report it HIS insurance company.

Call him up and find out whether he plans on paying for it himself, or whether he is going to file a claim with HIS insurance company. If he is paying for it himself, get the estimate and send him the estimate, and verify he will pay, then have the work done. If he is having his insurance company pay for it, don't bother with a written estimate. Just have the work done and send the bill to him, then he can submit it to his insurance company. If the insurance company tries to negotiate with you, tell them you will sue their client if they do not pay in 30 days. That will usually cause them to stop trying to nickel and dime you. (Do not send an estimate to an insurance company, they only thing they care about are actual bills, not estimates.)

Respectfully, you are incorrect. Rates do not automatically increase based on a claim report. Also, in a claims situation, ANY repair other that those required to safeguard the vessel to prevent further damage must not start until after the repair amount is agreed upon by the owner and the insuring company paying for the repairs. The threat of suing an insurance company is foolish if made during a claim- the insuring company potentially paying for the repairs has a right to question the repair amount, as insurance fraud is rampant.

Here is the recommended course of action (after writing down the details of the incident):

• If the offfending party's insurance info is known, report it to them.
• If the offfending party's insurance info is not known, but you have his contact information, then the OP must contact his own insurance company. Based on his policy wording, the OP's insiring company will pay for the repairs, then subrogate against the offending party. If subrogation is successful, the deductible will be returned to the OP.

 

[dhays]

If it was me, I would do the following (and not saying this is the correct course of action)

1. Contact the other captain.
2. Report the incident to the authorities.
3. Report the incident to your insurance company.
4. Contact the other captain's insurance company.

 

[Benthic2]

if your insurance company uses claim history as a pricing factor, it won't matter if you report it to your insurance company or the sailboats insurance co.....it will be reflected in your rate upon your renewal.

 

[HopCar]

Peter, am I correct in thinking that the op's insurance company will pay for the repair and then ask the other guys insurance to reimburse them?

Actually the damage looks so minor it might not exceed the deductible, but he should let his insurance company tell him that.

 

[jsc7]

Let's differentiate between what (A) the insurance companies want you to do, and (B) what you ought to do. Those are two different things. I am sure the other guy's insurance company will tell the guy with the hurt boat all kinds of things are a bad idea for him and a good idea for the insurance company.

The advice I gave is exactly what the guy should do.

If he files a claim with his own insurance company, I GUARANTEE his rates will go up. Not only that, insurance companies share claim information, so if he makes a claim on company A, then next year tries to switch to company B, they will know about the claim on A and quote him higher rates than if he had never made a claim. The fact that the claim might be paid by the guilty party's insurance is completely irrelevant. If you make a claim, your rates will go up, it is that simple. The technical term for this is your "claim history". Your "claim history" is a direct input into your rate calculation. Bottom Line: do NOT make a claim unless you have to.

The best course of action is for the OP to get an estimate and have the other guy pay it himself. That way both parties can avoid making a claim.

Also, by the way I never suggested suing the insurance company. Maybe actually read my post? I said to threaten to sue the CLIENT (the guy who hit his boat) which he has every right to do. It is not necessary to actually sue the guy, it is only necessary to make the threat. The advantage of making the threat is that it will prevent the other guy's insurance company from trying to pay only a percentage of the cost, which they very likely will do. Most adjusters are required to pay a full claim if there is a credible legal threat, so by making the threat you can force the adjuster to pay the whole bill. Adjusters get bonuses for reducing claims, so you need you use "special tactics" to make sure they get their bonuses on OTHER people's claims, not yours.