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South Carolina boating accident, DNR involved

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Old 03-12-2018, 03:41 PM
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Originally Posted by mystery View Post
I have the footage, they were my cams, there is no bullshit because its on video.

I know several people that were hit while vehicle was stopped, parked, etc, they were not at fault, yet insurance companies see the incident when quoting insurance and some charge a higher premium specifically because of it. Absolutely ridiculous.
I never meant to say you were lying or anything, I believe you. You should be able to simply hand them the footage and let them go after other boater. The registration numbers will be on the other boat and the insurance company will be able to find them. Your other option is to press charges with USCG or the county sheriff, since you have the footage they shouldn't give you any trouble.
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Old 03-12-2018, 04:55 PM
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Was it your 330DA in your sig? If it is a documented vessel, I would file a report with CG.
Doesn't matter if the claim goes through your insurance company, or hers, you are going to end up in the insurance data base. Don't let fear of a premium hike prevent you from making the right decisions.
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Old 03-12-2018, 05:11 PM
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any liability on marina end?
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Old 03-12-2018, 06:36 PM
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Originally Posted by glacierbaze View Post
Was it your 330DA in your sig? If it is a documented vessel, I would file a report with CG.
Doesn't matter if the claim goes through your insurance company, or hers, you are going to end up in the insurance data base. Don't let fear of a premium hike prevent you from making the right decisions.
no, new boat
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Old 03-12-2018, 06:36 PM
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Originally Posted by ddd252 View Post
any liability on marina end?
don't think so but digging deeper
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Old 03-12-2018, 06:45 PM
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Default Recreational vessel accident

If it was a vessel not in commercial service regardless of cg documented or state documented, alliding with a moored recreational vessel, is going to be state lead investigation, unless the vessel was moored outside of 3nm and state waters. Each state has a dollar threshold in which if it exceeds then they have to do a full report/investigation, which I assure you will be completed much more expeditiously than a cg investigation
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Old 03-12-2018, 06:57 PM
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Originally Posted by Bdub1220 View Post
If it was a vessel not in commercial service regardless of cg documented or state documented, alliding with a moored recreational vessel, is going to be state lead investigation, unless the vessel was moored outside of 3nm and state waters. Each state has a dollar threshold in which if it exceeds then they have to do a full report/investigation, which I assure you will be completed much more expeditiously than a cg investigation
yes

DNR says it exceeded the threshold and they have to report to CG but they will take lead on report
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Old 03-13-2018, 02:07 PM
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Edit: Got the insurance info after some back and forth!

Kid left a note on boat...thought it would have his contact info so I had someone retrieve...he left his mom's first name and number.

I called her and she said he is just a kid he is only 21, its not his fault that my boat is too big to get around, and she knew that something like this was going to happen. I told her I have been boating since I was much younger, bought my own powerboat while I was in college, and while I never have had an accident or hit someones boat, that if I did, I would man up and take responsibility.

She is refusing to give her insurance saying her son worked at a yacht yard last summer and he estimated that is only a few hundred dollars and will buff right out (the DNR officer said no way, damage is through the gelcoat, in multiple spots, 1-2 feet long in one case). She clearly does not want to go through insurance. There is no way this is just going to be a few hundred bucks. Plus given the value of their boat and them already playing games, I can't trust this to be resolved outside of insurance. I told her it does not matter, your son hit my boat, it was an accident, its on video, lets just get her fixed. She still refused to provide her insurance so I told her if my boat is out of commission during my boating season which starts in three weeks that I am going to be making a claim for loss of use because we have time to be reasonable and fix it now.

So what should I have checked out? Obviously the apparent damage, my teak cap, railing, windows, etc. I am very worried that a fiberglass repair shop is going to have issue matching the gelcoat color (local dealer said even with ordering factory gelcoat its not going to look good and I would have to agree to hold them not accountable for finished product). Is there such a thing as a diminished value claim for a boat collision?

Is it reasonable to get the hull detailed to make sure everything is even and looks good after? It was detailed a few months ago and I was not planning to have it detailed again for a few months and think they should pay.

Is getting loss of use possible with boats? We start our season the first week of April every year and are planning to be on the boat then through much of the summer. Some marinas we stay at actually charge a surcharge if you don't use their contractors. As much as 20%!

Reasonable to request that my airfare be reimbursed since now I feel like I have to fly down there to see what is going on and coordinate quotes? I haven't heard back from DNR whether the 21 year old male adult is still refusing to cooperate and provide his info.

Last edited by mystery; 03-13-2018 at 07:11 PM.
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Old 03-13-2018, 02:46 PM
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that's good, great to hear! The fact he's a kid should make no difference. And being 21 is that really a kid? Whomever gave him care and control of the boat to dock on his own, on their end is at fault? Doesn't matter who really, as long as someone takes responsibility, that sounds like huge step in right direction. I'm sure insurance will want you get a few quotes. What part of SC you in? Might have someone to recommend if your in northern SC, best guy around those parts
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Old 03-13-2018, 02:50 PM
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Originally Posted by ddd252 View Post
that's good, great to hear! The fact he's a kid should make no difference. And being 21 is that really a kid? Whomever gave him care and control of the boat to dock on his own, on their end is at fault? Doesn't matter who really, as long as someone takes responsibility, that sounds like huge step in right direction. I'm sure insurance will want you get a few quotes. What part of SC you in? Might have someone to recommend if your in northern SC, best guy around those parts
Charleston. Open to recommendations! Thank you!
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Old 03-13-2018, 02:55 PM
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Originally Posted by Bdub1220 View Post
Each state has a dollar threshold in which if it exceeds then they have to do a full report/investigation, which I assure you will be completed much more expeditiously than a cg investigation
Don't know about your state, but here there is also a REQUIREMENT to report to authorities if there is damage over $xx (I think $2k) and the law says "violating the provisions of this Act is guilty of a misdemeanor and may be subject to a fine and/or imprisonment". (that also applies if it's YOUR OWN BOAT and it's the only one that has the damage!)

I would check the local laws, may give you some more leverage if the offending party is resistant in any way.
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Old 03-13-2018, 05:17 PM
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The 21 YO is not the only one who is refusing to take a responsible approach to an accident. You want the internet crowd to solve your legal, insurance, and now repair, questions, so that you don't have to have an adult conversation with your own insurance carrier, because your rate MAY go up. You just sold a boat listed for $180K, and bought a new one, presumably even larger and more expensive, since your family plans to spend a good portion of the summer on it. Please tell us what you bought, since you are asking advice on repairing it, or is that a mystery, too?
A reasonable approach for a yacht owner in Connecticut, with his boat in SC, would be to contact his insurance company, hire an ABYS surveyor to first access the damage, second to recommend repairs and contractors, and to represent you through the completion of the process as your agent.

Last edited by glacierbaze; 03-13-2018 at 05:23 PM.
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Old 03-13-2018, 06:08 PM
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Obviously the apparent damage, my teak cap, railing, windows, etc.
A good boat adjuster would look for any collision related damage and might even want a surveyor look for damage that might be hidden.

I am very worried that a fiberglass repair shop is going to have issue matching the gelcoat color (local dealer said even with ordering factory gelcoat its not going to look good and I would have to agree to hold them not accountable for finished product).
I think that's unfounded.....boats are repaired all the time from stuff that happens to them. A good and qualified glass and gelcoat man can match even metal flake.

Then again.....it's a boat that sits in the water and get used. I understand you want it repaired properly, and you should....but to expect the boat to be a piece of crystal sitting in a cabinet - not happening....it's why there's an exclusion against marring and scratching.

Is there such a thing as a diminished value claim for a boat collision?
Never heard of it on small damage. If the boat sunk or caught on fire or was run over and had it's side cave in....you could argue that with iffy results.

Is it reasonable to get the hull detailed to make sure everything is even and looks good after?
You can ask....but look for only the damaged side to be detailed and buffed to match.

Is getting loss of use possible with boats?

I don't recall ever reading that in a policy. Especially on a not-for hire boat.


Some marinas we stay at actually charge a surcharge if you don't use their contractors. As much as 20%!
Never ran across such a thing in Charleston. Again....which marina?

Reasonable to request that my airfare be reimbursed since now I feel like I have to fly down there to see what is going on and coordinate quotes?
Not reasonable, at least I would not approve your airfare.

Can you request haul-out and shipyard storage fees? Yes, if the boat can't be repaired in the water.

Again....your insurance company has people. I'd suggest to look up and find a marine surveyor from the area and give one a call and talk on the phone for some suggestions. I've not done a boat claim in several years, so I don't have any surveyor suggestions. I still know a good glass man, but he's in Goose Creek.
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Old 03-13-2018, 06:18 PM
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Originally Posted by glacierbaze View Post
The 21 YO is not the only one who is refusing to take a responsible approach to an accident. You want the internet crowd to solve your legal, insurance, and now repair, questions, so that you don't have to have an adult conversation with your own insurance carrier, because your rate MAY go up.
I dont think I have ever called my auto insurance when someone hit my car. I filed a claim with the insurance of the person that hit me. Luckily nothing was ever tagged to my record.

Last edited by mystery; 03-13-2018 at 06:26 PM.
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Old 03-13-2018, 06:19 PM
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Originally Posted by Claim View Post
Obviously the apparent damage, my teak cap, railing, windows, etc.
A good boat adjuster would look for any collision related damage and might even want a surveyor look for damage that might be hidden.

I am very worried that a fiberglass repair shop is going to have issue matching the gelcoat color (local dealer said even with ordering factory gelcoat its not going to look good and I would have to agree to hold them not accountable for finished product).
I think that's unfounded.....boats are repaired all the time from stuff that happens to them. A good and qualified glass and gelcoat man can match even metal flake.

Then again.....it's a boat that sits in the water and get used. I understand you want it repaired properly, and you should....but to expect the boat to be a piece of crystal sitting in a cabinet - not happening....it's why there's an exclusion against marring and scratching.

Is there such a thing as a diminished value claim for a boat collision?
Never heard of it on small damage. If the boat sunk or caught on fire or was run over and had it's side cave in....you could argue that with iffy results.

Is it reasonable to get the hull detailed to make sure everything is even and looks good after?
You can ask....but look for only the damaged side to be detailed and buffed to match.

Is getting loss of use possible with boats?

I don't recall ever reading that in a policy. Especially on a not-for hire boat.


Some marinas we stay at actually charge a surcharge if you don't use their contractors. As much as 20%!
Never ran across such a thing in Charleston. Again....which marina?

Reasonable to request that my airfare be reimbursed since now I feel like I have to fly down there to see what is going on and coordinate quotes?
Not reasonable, at least I would not approve your airfare.

Can you request haul-out and shipyard storage fees? Yes, if the boat can't be repaired in the water.

Again....your insurance company has people. I'd suggest to look up and find a marine surveyor from the area and give one a call and talk on the phone for some suggestions. I've not done a boat claim in several years, so I don't have any surveyor suggestions. I still know a good glass man, but he's in Goose Creek.
Thank you for your insight!

Some marinas do charge a surcharge for outside work. Some times its a flat daily rate other times they get greedy and want a percentage of the work. I think its ridiculous. Unfortunately I do not have a choice in marina for the next couple months.

I got a recommendation for a glass guy that many swear by so probably going to have him take a look once the boat is North. I was taken back that the dealer basically said good luck.

Unfortunately the boat will probably have to be hauled as it tends to stick out a few feet in slip.

Last edited by mystery; 03-13-2018 at 06:27 PM.
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Old 03-13-2018, 06:29 PM
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Unless you charter as a business with recorded income you're almost certainly out of luck on the loss of use. You've obviously got a new sled that you've put your heart and several dollars into.

I understand your pain but you're getting wound up about things beyond your control. Take the advise above and let your insurance handle it. Sort of like why we pay uninsured/underinsured coverage on our cars.

Your admission above just gave me a clue that you were aware of this kid's potential for an allision with your vessel in particular prior to the event. As was mom. An enterprising attorney could spin that against you...or her.

What i mean is only a jury or judge will decide for sure if you want to push it that far. Unfortunately the law does not provide the remedy you appear to seek. Our property damage laws are antiquated unfortunately.

Just my ten cents and I've run that dime up and down the east coast admiralty circuit a time or two.
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Old 03-13-2018, 06:31 PM
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Originally Posted by mystery View Post
Thank you for your insight!

Some marinas do charge a surcharge for outside work. I think its ridiculous. Unfortunately I do not have a choice in marina for the next couple months.

I got a recommendation for a glass guy that many swear by so probably going to have him take a look once the boat is North. I was taken back that the dealer basically said good luck.
It's all going to be fine. One day, you'll have a beer story.

When you do get a chance to look at the boat, be objective and find damage that was caused by the incident....not faults or defects that were already there but you hadn't noticed. Happens all the time in claims.....during the walk arounds, people will point out the tiniest things and say the accident/storm/loss caused this....that.....THIS. What they are doing is looking through a microscope they've never looked through before and see things they never noticed before.

When people start doing that and insist on including stuff that is obvious old stuff.....I get as tight as dick's hat band. But if they say "oh, that was there before, not your problem....." I try to be as helpful as I can.
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Old 03-13-2018, 07:12 PM
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Thank you
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Old 03-13-2018, 10:06 PM
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In the case of car accidents, the officer report is public information, although you sometimes have to go the station to actually get a copy. Why is this not the case in this instance? Is it just something in your particular state?

I would have expected to have been given the officer's badge number and the report number before he left the scene.

Maybe the wife and the kid are family to some local big shot (like the police chief or town mayor) who operates under a different set of rules than the rest of us....

As soon as the kid turned 21 (or even 18) he became responsible for his own actions and is accountable as an adult. What his mommy wants doesn't enter into it (from a legal perspective). Also, Mommy is not liable for what Jr. does with the boat because he is an adult.
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Old 03-14-2018, 04:04 AM
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Was his boat a marina tenant?
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