TOWING OR SALVAGE?

[AJ]

WE'VE NEVER HAD TO BE TOWED, BUT HAVE HEARD IT IS CRITICAL , ESPECIALLY IN A HARD GROUNDING, TO CLARIFY WITH THE TOW OPERATOR THAT IT IS A "TOW" AND NOT "SALVAGE", FOR IF IT IS A SALVAGE THE OPERATOR CAN LEGALLY CLAIM RIGHTS TO YOUR BOAT OR CHARGE YOU AN ENORMOUS FEE...ANY EXPERIENCE OUT HERE?

 

[Bryan C.]

Clarify for sure

BoatUS mag recently had an article on this. Best I can remember, the main difference is whether the boat is in immediate danger to itself or other boats and or if its "hard aground." Seemed to me there was a lot of room for interpretation. If you are towed you are charged a fee, if salvaged the salvaging company can claim a significant percentage of the value of your boat, the theory being that the boat would have been lost otherwise. There are a number of factors involved in this determination.The magazine suggested that you clarify that it is a tow before you get the tow. As a lawyer I recommend that you either have paper signed clarifying the situation and the charge, or at least you have as many witnesses as possible.

 

[Gary Wyngarden]

Towing and Salvage

Your concern is definitely well founded. The specifics and legalities of the differences are probably both too technical and too important to be casually treated here. The current issue of Practical Sailor magazine (7/15/2000) has an excellent special report on the subject, and I recommend you read it.