He crashed my boat

[SteveK]

If there is evidence that it was an equipment malfunction that the skipper was not informed of or had no knowledge of, it is doubtful that you have any claim against him/her.

You mean like when the boat left from where it was docked and all systems were checked over. OR
Did this captain suddenly see on arrival, lookie here it has thrusters, no need to dock the old fashioned way.

 

[BruceK]

In this month`s Afloat Magazine(Aust.) there is an advert by an insurance provider/?broker asking Non Boat Owner Skippers whether they are interested in obtaining cover. I`m guessing it`s to see if it is worth bringing the product to market.
As to "dual insurance",there is law established in Australia that even if 2 policies say they don`t operate if there is other cover, they do, according to a formula.

 

[gregcrowner]

Your Pilot has stern thruster?

 

[Portage_Bay]

When was the last year that people took responsibility for their actions, anyone remember?

It was the year before they started handing out participation ribbons.

Excellent Point!

There is never a black and white answer to anything. The pay scale has been brought before in this thread, but I'll bring it up again.

I'm often asked to do deliveries for $400 / day. I'm the only licensed person aboard because the owner doesn't want to pay $400 / day for more 'tickets'. Most owners don't want a crew of 3 for multi day runs that require 24 X 7 ops. So I'm standing watch for 12 hrs / day. I've got lots of other duties to make the delivery a success. Route and weather planning, customs to name a few. I'm expected to inspect the boat and make necessary minor repairs prior to departure at no charge to the owner. Perform maintenance and make repairs during the delivery at no additional charge to the owner. My crew and I are expected to clean the boat at the end at no charge to the owner. We are expected to leave the boat in better condition than we received it.

If the owner wants that level of effort and service for that pay rate they sure as h3ell can step up to the plate and cover the insurance and the deductible.

As for taking responsibility. I take it very seriously. The safety of all aboard and by extension the vessel are my 1st priority. I take great professional pride in bringing the delivery in without undue expense and the boat in great shape.

 

[Nautica]

When was the last year that people took responsibility for their actions, anyone remember?

It's not HIS action - the stern thruster failed. Is the delivery captain responsible for everything on the boat?
No way it's his responsibility (unless he's the holder of a maintenance contract too - and I've never seen a maintenance contract that accepted responsibility)

 

[SteveK]

It's not HIS action - the stern thruster failed. Is the delivery captain responsible for everything on the boat?
No way it's his responsibility (unless he's the holder of a maintenance contract too - and I've never seen a maintenance contract that accepted responsibility)

Lame reply. IMO of course. And you are entitled to yours. As said before if the contract states the owner insurance covers it and captain not responsible so be it.
The thruster failed, OMG, like no one approached a landing and the engine stalled. Deal with it or crash.
Never will I need a captain to move my boat. However, if I did then I would expect a liability clause in the contract. If as said before that costs more then either pay it or accept the risk.
This discussion is pointless if we keep making excuses like the thruster failed. What if the thruster worked well and the boat crashed anyway? The connection was loose? Did it work in test, but failed when needed, no answers.
I may be alone but a thruster is a convenience to landing the boat, it is not the must do way to dock it. No one else notice that the crash occurred because it needed to work and did not. Is that how you all operate a boat?

 

[SteveK]

Hey Portage I'm often asked to do deliveries for $400 / day..
No need to apologize, $400 a day does not pay for liability insurance, you are hired with fingers crossed. It is not the cost that is the topic however. It is whether there should be an expectation of safe delivery by a boat owner.
That word responsibility is striking a cord with some people, seems there is a memory of it.

 

[BruceK]

Lame reply. IMO of course. And you are entitled to yours. As said before if the contract states the owner insurance covers it and captain not responsible so be it.
The thruster failed, OMG, like no one approached a landing and the engine stalled. Deal with it or crash.
Never will I need a captain to move my boat. However, if I did then I would expect a liability clause in the contract. If as said before that costs more then either pay it or accept the risk.
This discussion is pointless if we keep making excuses like the thruster failed. What if the thruster worked well and the boat crashed anyway? The connection was loose? Did it work in test, but failed when needed, no answers.
I may be alone but a thruster is a convenience to landing the boat, it is not the must do way to dock it. No one else notice that the crash occurred because it needed to work and did not. Is that how you all operate a boat?

A poor attempt at trolling. And expression. And thinking. Nautica`s boating expertise exceeds anything Soo Valley might aspire to.

 

[rolomart3]

Correction: he did not crash your boat. The wind combined with mechanical failure of the thruster did.
These are unavoidable and unpredictable perils that justify having insurance.

By the way it is my understanding and if things have not changed that, if instead of damaging another boat, he damaged say 17 square meters of protected coral reef by running on shallow depths or draging the anchor, YOU (the boat owner) will be in for a $17,000 penalty plus the cost of repairing the reef. I believe the only exception is if you file a stolen boat report.

So when your boat travels (with or without you), make sure you get a policy rider against all perils from your insurance company to cover any area the boat will be visiting.

 

[Var Korall]

I may have missed it, and IMO it is not necessarily important, except for potential insurance issues, but was the captain/operator licensed? I do not believe a captain's papers/license is required of a paid delivery skipper.

 

[Portage_Bay]

It was a rant. Not an apology.

Hey Portage I'm often asked to do deliveries for $400 / day..
No need to apologize, $400 a day does not pay for liability insurance, you are hired with fingers crossed. It is not the cost that is the topic however. It is whether there should be an expectation of safe delivery by a boat owner.
That word responsibility is striking a cord with some people, seems there is a memory of it.

 

[Woodland Hills]

When was the last year that people took responsibility for their actions, anyone remember?

I hear that! The boat owner is trying to weasel out of his responsibility to provide a fully functioning vessel to the delivery captain. If the thruster was known to be faulty, the captain should have been told. If the maintenance of the boat was so poor that it caused the thruster to fail that too is the owners responsibility.

 

[BandB]

I guess I am repeating myself but perhaps can be more clear. Two aspects of this.

1-Normal practice within the industry. All damage is the responsibility of the boat owner. Captains insist the owner have insurance. Those with written agreements spell it out. Still not Captain's financial responsibility.

2-Law is clear that the Captain is not responsible except in a situation of gross negligence and no way does this rise to that level. Operating while under the influence of alcohol or drugs would be the most obvious examples.

People get into the argument of dependence on thruster, but it's really irrelevant. Still while most can operate fine without them, when you are using one and it fails, damage may happen before you can recover. However, none of this is germane to who is liable.