Who is Responsable for Damage

RobertLangdirect · Jul 14, 2011

mcrow33 said:
. . . why I should be out $500 for damage to my cradle that was being stored by the boat yard. . . . I have no relationship with this yard . . . The storage and cost was covered by the PO. When the boat was launched, I asked about the cover and cradle and was told that they would store it until I decided where I was planning on going for my winter storage . . . .

Hmmm, it seems that you may have answered your own question but to make it clearer, perhaps you should pay because you failed to establish a mutually beneficial BUSINESS relationship with the yard were there was agreed to interactions where you received a benefit from the yard and they recieved a payment of some kind (usually money) from you.

When you boght the boat in the spring, was the storage explicitly part of the contract? Did the boat yards storage agreement with the old owner convey rights to you when you bought the boat. You may be able to ascertain this yourself, if not, getting an attorney may cost as much as the damages, just to know if you have standing.

You asked about the cradle and cover but you did not sign any agreement or pay anything for the storage? It sounds like the yard may have done a favor to you, without any return, or even at their detrimant (lost opportunity to charge another person to store anything in their space). Think how that sounds in court if you push it there, you want someone who did you a favor to pony up money to pay you for what you did not pay for up front?

And when they said they would store it until I decided where I was planning on going for my winter storage, you told them, "oh, I want to stay here, or were you noncomittal? Certainly enough so that you did not sign a new contract, yes?

The other boat owner, he will claim, much like my neighbor's tree that fell over my fence in last years storm, "this was an act of nature, a risk we all share. It was not mine to prevent." In court, a judge will probably correct him and say, "we call this 'an act of God.' But you are correct. The new owner's policy should pay."

But why ask us or ask an attorney? You should ASK YOUR INSURANCE COMPANY and they should tell you all that I write now, is the way it is.

Of course, this reply is only just ramblings of some old fart and not based on any knowledge of tort or claims, nor the Code of Virginia, nor common law. And with that, I note that you should not take any of this rambling as advice, because it is not. Further, if you do act on this rambling, you are warned that you do so at your own risk.

Eric M · Jul 14, 2011

Just be glad that your boat wasn't on the stand when the neighboors fell over into it. Maybe the yard would pick up some of the cost to repair your cradle if you sign up for storage again with them this winter? It never hurts to ask, but unfortunately compared with the guy with the 80' yacht that is having a major refit done your winter storage is peanuts to the yard and they are not likely to give in.
Good Luck

seadaddler · Jul 14, 2011

Storage Yard

My boat is in a storage yard for me to do bottom paint and they asked for my insurance paper work showing I have insurance coverage and they said if any damage of any kind while in their yard happens that my insurance covers it and they do not cover any damages at all and I think the marina has the same deal.
Nick

Bill Roosa · Jul 14, 2011

I believe that "Acts of God" result in everybody's losses get paid by their insurance. Who are you going to say was negligent for preventing the weather???
Sounds like you would be one of those persons that sues the guy next door for letting his house and car land on yours during the tornado. I mean really, you didn't tell him to put his house or car near your house so he must be at fault right?
If you did not want $500 deductable then you should have changed the policy!!!!

Tim R. · Jul 14, 2011

Bill Roosa said:
I believe that "Acts of God" result in everybody's losses get paid by their insurance. Who are you going to say was negligent for preventing the weather???
Sounds like you would be one of those persons that sues the guy next door for letting his house and car land on yours during the tornado. I mean really, you didn't tell him to put his house or car near your house so he must be at fault right?
If you did not want $500 deductable then you should have changed the policy!!!!

Take it easy Bill. While I do agree with the act of god situation(if the winds wind abnormally strong) the OP was simply asking a question. Nowhere does he indicate he may sue someone. I could easily see how the boatyard or boat owner could be held responsible for this if the boat was not properly secured.

It is the responsibility of the OP to find out what policy the yard uses.

Stu Jackson · Jul 14, 2011

Insurance can be a tricky thing. Some bozo hit me as he was coming out a secondary fairway into the main fairway. He was hidden behind a big motor yacht and actually passed my bow before I even saw him (small boat, mast was still to my right when his bow passed to our left!).

He even took written responsibility for the accident.

Had the same company as mine, they took it out of MY policy!!! Drats!

Find out if the yard will "help you out" or just suck it up.

Good luck.

wetass · Jul 14, 2011

RobertLangdirect said:
Of course, this reply is only just ramblings of some old fart and not based on any knowledge of tort or claims, nor the Code of Virginia, nor common law. And with that, I note that you should not take any of this rambling as advice, because it is not. Further, if you do act on this rambling, you are warned that you do so at your own risk.

Thats the best "legal" disclaimer I have seen in a while ;-)

Clark · Jul 14, 2011

To boil it down and based on first hand knowledge; unless there is clear negligence, this "Act of God" means that each entity files with their own insurance for any damages.

Joe · Jul 14, 2011

I'd get another estimate or two, not relying completely on the yard's opinion. Then I'd ask my insurance company what my options are? I'm thinking the YARD'S insurance should cover this type of accident and they may be trying to pass it on to you.

LuzSD · Jul 14, 2011

Don't give up........

mcrow33 said:
Hey Bill, Take a pill, and get off you freakin high horse. Who in the hell said anything about suing anybody. If fact I have never sued anybody. Forget I posted the question. It will be the last one.

Hang in there, your post was a good one and interesting too, Bill's response was just over the top, I don't think usually they are. I think your question was in good faith, just wondering what others thought..... nothing wrong with that. For the most part the responses have been in the same vain your question was... thoughtful.

So, please don't stop posting, that would be our loss. :cry:

LuzSD · Jul 14, 2011

wetass said:
Thats the best "legal" disclaimer I have seen in a while ;-)

ME TOO! Loved it

Ross · Jul 14, 2011

Spend 500 on some welding equipment and make the repairs yourself and then you have an arc welder and an oxy-acetylene torch and you have repaired your cradle.

Stu Jackson · Jul 14, 2011

...and the return on investment would be spectacular when you start repairing all the other damage in that boatyard...

Take the ! in Bill's post away, and it's not that !!!!!

He meant well.

LuzD is right, please don't disappear, we are here to help (in spite of some of us fun lovin' respondents), and know you'll have more ?s. Why? We were all there, right where you are, when we started out here. Wait'll ya get to anchors and autopilots! Woops, take that ! away...

How else do ya figure we're the way we are?

Cayennita · Jul 14, 2011

I am pretty sure that your cradle was not covered in your insurance policy. It would be a separate item since it is not the boat. Call the insurance company and ask. They will have a good laugh over a cup of coffee. Read the policy carefully. It covers hull and other items associated with that. Trailers, dinghies and outboards are usually separate and the cradle is never mentioned. Fix it your self or let the yard do it.

LloydB · Jul 15, 2011

Take the ! in Bill's post away, and it's not that !!!!! He meant well.

Because he did not even give a direct answer to either of the direct questions you couldn't tell it by me.

DannyS · Jul 15, 2011

mcrow33, if it were me, I would have done the same thing by posting your situation here. Some of us are not experts at EVERYTHING so asking here what others think is a great way to gauge what to do next. It's just like everything on the net...you have to weed through the crap to find the info you need to make an informed decision.

RobertLangdirect · Jul 15, 2011

Cayennita said:
I am pretty sure that your cradle was not covered in your [BOAT?] insurance policy. It would be a separate item since it is not the boat. Call the insurance company and ask. . . . .

BUT DO NOT FORGET to go back to your home owner's (or apartment dweller) policy. My past boat, a 25 ft Hunter was actually covered under my home owner's policy (as 25 is less than 26, and 26 is the HOP cutoff).

Still, you hit the deductable. Grrrrr.