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Sandy - Marina liability questions

Old 11-10-2012, 03:35 PM
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Originally Posted by bigjimmie View Post
if they lien your boat file a repleven. you will have to post bond for the amount but you'll get your day in court and i'd bet the marina is not up for that
I am not a NJ lawyer, but this sounds right to me.
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Old 11-10-2012, 03:54 PM
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$100/ft???? That's ludicrous! I'd see what other local marinas are charging for salvage, attempt a cash settlement and get my boat out of that marina.
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Old 11-10-2012, 04:10 PM
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Originally Posted by one4uf View Post
$100/ft???? That's ludicrous! I'd see what other local marinas are charging for salvage, attempt a cash settlement and get my boat out of that marina.
I don't think it falls under salvage. it simply floated off blocks. the danger already passed the boat was secure and did not need rescue it just needs picked up. your deal with the marina calls for a re launch you already paid for.
see if their willing to make a deal other than that states attorney

btw 100 ft for a real salvage is cheap. i've done them in ivan, isabel, charley and some others....some companies negotiate rates before hand usually 125 to 150 a foot depending on equipment needed but i've done ones that were based on value saved and gone as high as a 5 or 6 hundred a foot
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Old 11-10-2012, 04:23 PM
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I am surprsed they even let you leave the boat there with no insurance, many places require proof of insurance before they accept the boat on marina property.
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Old 11-10-2012, 07:32 PM
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Originally Posted by bigjimmie View Post
I don't think it falls under salvage. it simply floated off blocks. the danger already passed the boat was secure and did not need rescue it just needs picked up. your deal with the marina calls for a re launch you already paid for.
see if their willing to make a deal other than that states attorney

btw 100 ft for a real salvage is cheap. i've done them in ivan, isabel, charley and some others....some companies negotiate rates before hand usually 125 to 150 a foot depending on equipment needed but i've done ones that were based on value saved and gone as high as a 5 or 6 hundred a foot
Agreed. I just meant to pick it up off the ground that rate sounds ridiculous.
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Old 11-10-2012, 07:45 PM
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Find as many other boat owners at that marina as you can and pool your resources and hire an attorney together. They are price gouging you.
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Old 11-10-2012, 07:52 PM
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If it takes the marina alot of man hours to get your boat back up, moved and blocked surely should cost something??? $3100 sounds steep.... I think offer a cash deal get your boat and lesson learned. any legal work will be time and alot more... and may tie up your boat. Good Luck
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Old 11-10-2012, 09:41 PM
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Don't pay. Tell them they can store it for free until they change their minds.
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Old 11-11-2012, 04:37 AM
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Originally Posted by miike View Post
Don't pay. Tell them they can store it for free until they change their minds.
it would be leined and sold in a month
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Old 11-11-2012, 04:40 AM
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Originally Posted by bigjimmie View Post
it would be leined and sold in a month
That what I think as well, furthermore, the marina should not even touch it until proof of insurance is provided.

I still cant even believe the OP asked if it was the marina's fault.
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Old 11-11-2012, 04:55 AM
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These days no one is responsible for anything, even their own actions. LOL.

Take lots of pics and go talk to them, showing there is no damage, obviously not salvage, just sling it back on blocks done deal. Or better yet, in the water or on the road with a hauler and get out of there.

They may just have assumed all the boats that floated off the blocks were damaged and cannot float and go on their own. If they still insist on blackmailing you with the 'salvage' word, then I would hire an attorney. Have lots of pics before something does happen to it. And be quick about it. Sometimes all it takes is a letter from an attorney's office to all of a sudden clear up a misunderstanding.
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Old 11-11-2012, 05:09 AM
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My bet is they think you have insurance and your going to pass the bill off to them. Have you told them you don't have ins and this is a cah deal?
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Old 11-11-2012, 05:23 AM
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The only negligence I see in the OPs situation is the failure to get proper coverage for the boat. The damage from Sandy cannot be attributed to anything the marina did. Bringing suit against the marina would, IMO, be an expensive lesson and nothing more.

I understand that insurance is generally not a requirement, but as a boat owner, I think it responsible to have proper coverages.
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Old 11-11-2012, 05:54 AM
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Originally Posted by pau-hana View Post
The only negligence I see in the OPs situation is the failure to get proper coverage for the boat. The damage from Sandy cannot be attributed to anything the marina did. Bringing suit against the marina would, IMO, be an expensive lesson and nothing more.

I understand that insurance is generally not a requirement, but as a boat owner, I think it responsible to have proper coverages.
His gripe is the marina trying to rape him for over $3,000 to sling it back on blocks instead of $300. I do not see an insurance issue here if the boat suffered no damage.
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Old 11-11-2012, 06:03 AM
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Ran into Dave from Arnold's--they have hired a crane at 6k per day to lift the boats. He said they were going to charge $100 per ft BUT the insurance company said $ 150 per ft is ok--
so the rate is $150 per ft. He said all they want to do is break even on the deal. I have
always found Arnold to be fair in the past so maybe they are not looking for a profit.

Maybe someone can verify this. I thought a couple hundred bucks would be about it.
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Old 11-11-2012, 06:09 AM
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Almost any attorney will give you a free consultation. It is a no brainer here. Talk to a lawyer and they can at least give you an assessment of what the possible costs will be of getting your boat back and then you can weigh those thoughtfully against what the salvage fee is.

Try this website for the New Jersey State Bar Association: http://www.njsba.com/for-the-public/...l-service.html

I would look for a property or admiralty lawyer. It doesn't hurt to get a professional opinion.

Augie
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Old 11-11-2012, 06:49 AM
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You guys are missing the point. Look at what he first asked, 'is the marina at fault'? Look at the title of his thread, 'Marina liability'. He wants to blame the marina for his non insured boat being displaced from the blocks, thereby requiring them to pay to put it back on the blocks or in the water.

The follow on is the price the marina wants to retrieve his boat from a pile and replace it. Lets see, rent a crane for $6000 a day, have crews out there trying to secure and pick up and move boats and replace them on blocks, and a fair price is a couple hundred bucks? Get real. The next thing that could happen is something goes wrong in one of these moves and then he wants his boat repaired for free.
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Old 11-11-2012, 10:23 AM
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Originally Posted by TripleCrownNC View Post
You guys are missing the point. Look at what he first asked, 'is the marina at fault'? Look at the title of his thread, 'Marina liability'. He wants to blame the marina for his non insured boat being displaced from the blocks, thereby requiring them to pay to put it back on the blocks or in the water.

The follow on is the price the marina wants to retrieve his boat from a pile and replace it. Lets see, rent a crane for $6000 a day, have crews out there trying to secure and pick up and move boats and replace them on blocks, and a fair price is a couple hundred bucks? Get real. The next thing that could happen is something goes wrong in one of these moves and then he wants his boat repaired for free.
I don't think anyone is reading your posts.
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Old 11-11-2012, 11:21 AM
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Originally Posted by TripleCrownNC View Post
You guys are missing the point. Look at what he first asked, 'is the marina at fault'? Look at the title of his thread, 'Marina liability'. He wants to blame the marina for his non insured boat being displaced from the blocks, thereby requiring them to pay to put it back on the blocks or in the water.

The follow on is the price the marina wants to retrieve his boat from a pile and replace it. Lets see, rent a crane for $6000 a day, have crews out there trying to secure and pick up and move boats and replace them on blocks, and a fair price is a couple hundred bucks? Get real. The next thing that could happen is something goes wrong in one of these moves and then he wants his boat repaired for free.

They gotta make their money right? I love how marina's and storage yards are not reponsible for crap.
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Old 11-11-2012, 11:25 AM
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Originally Posted by debugger View Post
They gotta make their money right? I love how marina's and storage yards are not reponsible for crap.
How many marinas and storage yards would there be if there was no money in it?
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