I observed this weekend a go-fast Fountaine boat listing badly and obviously taking on water while making his way slowly toward the mudbar near our little club dock before he were to sink completely. He managed to run it mostly to shore and out of any possible boat traffic before it settled in and walked to shore in waist deep water. What a show it was with the appearance of several local fire rescue trucks, Marine Patrol boat, Naval Security boats, Local Police boats...etc... While ashore and away from his boat and dealing with the first officials to the scene the first of two Sea Tow boats appeared and dropped a line onto his cleat. Does that simple act constitute a claim????? As he was not on board it would seem to me that he had not 'consented' at that point to their assistance. It seems reasonable to exchange drivers license info and such when in an auto wreck on the highway, but what is the best protocol in a boating incident like this?
Salvage Claim ?
- Thread starter Dale4407
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How do you know they weren't called?
Either by the owner or the authorities? When a boat has sunk--which that one had, just in shallow water, the first concern is containing any fuel or oil spill...which can require getting it out of the water as quickly as possible. It's also likely that it seemed a good idea to get lines on it before the tide could rise and float it off the sandbar. Just as the police have the legal authority to move a vehicle left sitting on the side of a road, so do the water cops. That doesn't constitute claiming the vehicle OR the boat as salvage. So it's highly unlikely that SeaTow came charging in and put lines on it without any authorization to do so from either the owner or the authorities. Nor that ANYone could claim it as salvage just 'cuz the owner wasn't aboard. If that were possible, any boat on a mooring or at anchor with no one aboard could be claimed.
Either by the owner or the authorities? When a boat has sunk--which that one had, just in shallow water, the first concern is containing any fuel or oil spill...which can require getting it out of the water as quickly as possible. It's also likely that it seemed a good idea to get lines on it before the tide could rise and float it off the sandbar. Just as the police have the legal authority to move a vehicle left sitting on the side of a road, so do the water cops. That doesn't constitute claiming the vehicle OR the boat as salvage. So it's highly unlikely that SeaTow came charging in and put lines on it without any authorization to do so from either the owner or the authorities. Nor that ANYone could claim it as salvage just 'cuz the owner wasn't aboard. If that were possible, any boat on a mooring or at anchor with no one aboard could be claimed.
Bad things sometimes happen to good people
(Beyond just getting crew, etc. to safety) I'd be interested in hearing about the aftermath from anyone that has had the misfortune of having something like this happen and understand what they did/didn't do and any legal wrangling that were involved...beyond calling the insurance agent and praying that the latest premium check made it in on time.
(Beyond just getting crew, etc. to safety) I'd be interested in hearing about the aftermath from anyone that has had the misfortune of having something like this happen and understand what they did/didn't do and any legal wrangling that were involved...beyond calling the insurance agent and praying that the latest premium check made it in on time.
But Peggie.
I used to enforce the traffic laws. Sure, when a car is a hazard we did something about it. Then, when a state representative had his car impounded he wrote a law requiring the police to leave cars on the side of the road for at least three days and send a certified-registered letter to the owner telling him/her that it was on the side of the road. It passed. In our state, the result is abandoned, or broken down cars with police markings and added reflectors, parked on the side of freeways. The reflectors are needed because of the absolute truth that a car parked on the shoulder of a freeway WILL be hit by another vehicle. It's just a matter of time. Where was I going with this? *o Oh yeah, isn't maritime law different? Salvage laws and all that?
I used to enforce the traffic laws. Sure, when a car is a hazard we did something about it. Then, when a state representative had his car impounded he wrote a law requiring the police to leave cars on the side of the road for at least three days and send a certified-registered letter to the owner telling him/her that it was on the side of the road. It passed. In our state, the result is abandoned, or broken down cars with police markings and added reflectors, parked on the side of freeways. The reflectors are needed because of the absolute truth that a car parked on the shoulder of a freeway WILL be hit by another vehicle. It's just a matter of time. Where was I going with this? *o Oh yeah, isn't maritime law different? Salvage laws and all that?
Peggy....( Pardon my ignorance here)
So what if Sea Tow had been called? Does their clock start when they leave their dock? The lack terms and conditions on their website does little to diminish my thinking of them as predators rather than benefactors.... Given that this boat had 'taken on water' and the operator had intentionally 'beached' the boat, What happens now? Is the guys insurance company gonna cover the $200./hr cost to suck the water, float and tow the boat to a ramp? or what is the likely scenario here? I really feel for the poor smuck here. The following is exerpted from the Sea Tow website and doesn't leave me with a warm fuzzy feeling... "Sea Tow Membership does not cover boats sinking, taking on water, wrecked, burning, boats run hard aground, beached, on reefs/rocks or salvage of boats, or otherwise ouside the Sea Tow contract privileges stated in the Sea Tow Member Guide. https://secure.seatow.com/JoinNow/JoinNow.asp
So what if Sea Tow had been called? Does their clock start when they leave their dock? The lack terms and conditions on their website does little to diminish my thinking of them as predators rather than benefactors.... Given that this boat had 'taken on water' and the operator had intentionally 'beached' the boat, What happens now? Is the guys insurance company gonna cover the $200./hr cost to suck the water, float and tow the boat to a ramp? or what is the likely scenario here? I really feel for the poor smuck here. The following is exerpted from the Sea Tow website and doesn't leave me with a warm fuzzy feeling... "Sea Tow Membership does not cover boats sinking, taking on water, wrecked, burning, boats run hard aground, beached, on reefs/rocks or salvage of boats, or otherwise ouside the Sea Tow contract privileges stated in the Sea Tow Member Guide. https://secure.seatow.com/JoinNow/JoinNow.asp
Why don't you ask them?
All I know is that any time a boat is taking on water, the authorities move quickly to prevent--or at least minimize an oil/fuel spill. Y'all are asking for the kind of answers that only someone directly involved would know. So ask someone who was!
All I know is that any time a boat is taking on water, the authorities move quickly to prevent--or at least minimize an oil/fuel spill. Y'all are asking for the kind of answers that only someone directly involved would know. So ask someone who was!
whats the problem
Ive been working on getting all the go fast boats to sink anyway, maybe we could just pay the company not to salvage it!! Oh for the old quite days sailing!
Ive been working on getting all the go fast boats to sink anyway, maybe we could just pay the company not to salvage it!! Oh for the old quite days sailing!
Local Sea-Tow says:
...it depends on the situation." It is difficult to get a hard answer to a problem that has so many variables in every case. If a boat is taking on water it becomes a salvage issue...its not covered under the membership, (just as their website states). Sea-Tow doesn't have any 'say' in what they'll charge as it is turned over to their maritime lawyers to arbitrate with your insurance lawyers....and is based on the dollar value of the boat that is saved. Hull insurance policies varies by carrier and mention was made of Progressive Insurance being a major source in this area. Groundings on the other hand are a different matter. Typically a 20-minute pull, (i.e. very soft grounding), is 'usually' included in the membership fees. Whether to engage the services of Sea-Tow is at the discression of the grounded skipper.... If it will take longer, say an hour of grinding around in the mud, that would NOT covered and you will be charged an hourly rate...(typically $175/hr & $10/lf locally and could be more depending on the size of the boat). The Fountaine boat that was taking water last weekend evidently was new and came with a defective shaft packing. I was told is going back on Fountaine for a replacement new-boat.
...it depends on the situation." It is difficult to get a hard answer to a problem that has so many variables in every case. If a boat is taking on water it becomes a salvage issue...its not covered under the membership, (just as their website states). Sea-Tow doesn't have any 'say' in what they'll charge as it is turned over to their maritime lawyers to arbitrate with your insurance lawyers....and is based on the dollar value of the boat that is saved. Hull insurance policies varies by carrier and mention was made of Progressive Insurance being a major source in this area. Groundings on the other hand are a different matter. Typically a 20-minute pull, (i.e. very soft grounding), is 'usually' included in the membership fees. Whether to engage the services of Sea-Tow is at the discression of the grounded skipper.... If it will take longer, say an hour of grinding around in the mud, that would NOT covered and you will be charged an hourly rate...(typically $175/hr & $10/lf locally and could be more depending on the size of the boat). The Fountaine boat that was taking water last weekend evidently was new and came with a defective shaft packing. I was told is going back on Fountaine for a replacement new-boat.
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