Maritime Law

[Adam Z]

Maritime Law

I new the gods were trying to tell me something when they gave me such a beautiful day to enjoy sailing the waters of long island this Sat. To bad I didn’t listen. For if I did my poor defenseless CD Typhoon weekender might not have been in the spot that some puck ass kids decided to take daddy’s Boston whaler out for a high speed joy ride through. That’s right ladies and gentlemen I have just become the latest victim to fall to those noise makein, water pollutin, wake makein, gas guslin, look at me I’m out in daddy’s boat on labor day weekend, speeding 25 yards of shoren, punk ass power boats. Bitter much?. No, not me. In fact I think I took it all in great stride when my neighbor came down with a police report in his hand to tell me some kids hit my boat. “I don’t think there was any damage below the water line but the mast got knocked down” he says as he turns and walks away. This becomes all the more painful because I just got a new mast not more than three month ago. That’s right its me. If any of you out there in cyber land remember a post I put on this page entitled “Lets all learn from my negligence” I just refitted the boat with a new mast and some fiberglass work after I neglected to put the cotter pins in the port side shrouds. Ill let your imaginations do the work on what happened to that mast. That would be two masts ago for those keeping count. This time it seems that from what the quivering mothers voice of the “Punk ass kid” told me, is he and his friend were out in the Boston whaler. Her son, from here to, known as the Kid was at the wheel and the friend was up on the bow. Apparently the Kids vision was obscured, by among other things, his friend on the bow. He couldn’t seem to turn in time and hit my boat on the port side snagging my rigging and bringing my mast down. Quite the feat if you think about it. I know the Typhoon is no monster by any stretch but to have a boat ride up and over the side like it did he must have been going at a pretty good clip, bow out of the water. He must have tried to turn starboard at the last second and caught my back stay snapping my mast cap from its 5 rivets. Not before putting a good 5 degree bend in the mast and bending both shroud deck plates. Its a wonder that no one was hurt. Well I didn’t ask if any one was hurt. Now that’s something to ask next I speak to mom. The only reason that I dont drag the basterd out into the street by his hair is one, knowing my luck he could kick my ass seven different ways from Sunday. And two, Ive done some preety punk ass stunts in my day.

Now I come to the subject of this rant. Dose any one know the maritime law regarding Two punk ass kids joy riding, way to fast I mind you, in sallowes and bringing a boats mast down?

By the way. Thanks to those of you that gave me the help with my deck repair because there wasn’t so much as a scratch to the fiberglass work I did. the mast sheered right out of the step leaving the deck unharmed. PS: Any one want a slightly abused typhoon.



azazz@ix.netcom.com

[Jon Larson]

Ye gods, Adam!!! That's awful.

I suggest first you talk with your insurance company, if you're insured. I secondly suggest you chat with the owner of the Boston Whaler that hit you and get the name of their insurance company and agent and let them know you're filing a claim. Lawyers are so damned expensive it may not be reasonable to see one to recover your loss, but, explore what the limits are in small claims court in your state (it's quite high in some states now I understand) and dangle that potential before the Boston Whaler owner if neither they or their insurance company don't ante up to make your boat whole again.

Buy your neighbor a good bottle of something for being a good citizen and reporting the accident.

It's a crime against nature to damage anything as lovely as a Typhoon, I feel for you..

Jon Larson
Cape Dory 30 PERI
San Francisco Bay

Maritime Law

I new the gods were trying to tell me something when they gave me such a beautiful day to enjoy sailing the waters of long island this Sat. To bad I didn’t listen. For if I did my poor defenseless CD Typhoon weekender might not have been in the spot that some puck ass kids decided to take daddy’s Boston whaler out for a high speed joy ride through. That’s right ladies and gentlemen I have just become the latest victim to fall to those noise makein, water pollutin, wake makein, gas guslin, look at me I’m out in daddy’s boat on labor day weekend, speeding 25 yards of shoren, punk ass power boats. Bitter much?. No, not me. In fact I think I took it all in great stride when my neighbor came down with a police report in his hand to tell me some kids hit my boat. “I don’t think there was any damage below the water line but the mast got knocked down” he says as he turns and walks away. This becomes all the more painful because I just got a new mast not more than three month ago. That’s right its me. If any of you out there in cyber land remember a post I put on this page entitled “Lets all learn from my negligence” I just refitted the boat with a new mast and some fiberglass work after I neglected to put the cotter pins in the port side shrouds. Ill let your imaginations do the work on what happened to that mast. That would be two masts ago for those keeping count. This time it seems that from what the quivering mothers voice of the “Punk ass kid” told me, is he and his friend were out in the Boston whaler. Her son, from here to, known as the Kid was at the wheel and the friend was up on the bow. Apparently the Kids vision was obscured, by among other things, his friend on the bow. He couldn’t seem to turn in time and hit my boat on the port side snagging my rigging and bringing my mast down. Quite the feat if you think about it. I know the Typhoon is no monster by any stretch but to have a boat ride up and over the side like it did he must have been going at a pretty good clip, bow out of the water. He must have tried to turn starboard at the last second and caught my back stay snapping my mast cap from its 5 rivets. Not before putting a good 5 degree bend in the mast and bending both shroud deck plates. Its a wonder that no one was hurt. Well I didn’t ask if any one was hurt. Now that’s something to ask next I speak to mom. The only reason that I dont drag the basterd out into the street by his hair is one, knowing my luck he could kick my ass seven different ways from Sunday. And two, Ive done some preety punk ass stunts in my day.

Now I come to the subject of this rant. Dose any one know the maritime law regarding Two punk ass kids joy riding, way to fast I mind you, in sallowes and bringing a boats mast down?

By the way. Thanks to those of you that gave me the help with my deck repair because there wasn’t so much as a scratch to the fiberglass work I did. the mast sheered right out of the step leaving the deck unharmed. PS: Any one want a slightly abused typhoon.

jon9@ix.netcom.com

[Bill Goldsmith]

Adam:

I don't know all the ins and outs of maritime law in this regard but I have to second Jon Larson's advice here: investigate their insurance coverage and go after it aggressively. Sounds like you've got an eyewitness, a police report and a quivering mother. That is a sure recipe for a quick admission of liability by their carrier and full coverage of all your yard fees to get the boat fixed. You should notify your carrier of the loss, but advise them that you're making a "third party claim" against the whaler's insurance policy. that way if the whaler is unable to pay, you'll at least have given your company timely notice. If you can get hold of adequate information re: the whaler's liability coverage, go after that company aggressively. Call them twice a day until they agree to pay to get your boat back the way it was. Don't sign a release until a boatyard you trust signs off that the boat is fixed. (They may find additional problems due to the impact once they examince the boat). If you succeed, you'll get your boat fixed and maybe the whaler's carrier will revoke their coverage and keep those kids on land. Keep us posted as to how you're doing.

Bill Goldsmith
CD27
Second Chance
Croton-on-Hudson, NY

Maritime Law

I new the gods were trying to tell me something when they gave me such a beautiful day to enjoy sailing the waters of long island this Sat. To bad I didn’t listen. For if I did my poor defenseless CD Typhoon weekender might not have been in the spot that some puck ass kids decided to take daddy’s Boston whaler out for a high speed joy ride through. That’s right ladies and gentlemen I have just become the latest victim to fall to those noise makein, water pollutin, wake makein, gas guslin, look at me I’m out in daddy’s boat on labor day weekend, speeding 25 yards of shoren, punk ass power boats. Bitter much?. No, not me. In fact I think I took it all in great stride when my neighbor came down with a police report in his hand to tell me some kids hit my boat. “I don’t think there was any damage below the water line but the mast got knocked down” he says as he turns and walks away. This becomes all the more painful because I just got a new mast not more than three month ago. That’s right its me. If any of you out there in cyber land remember a post I put on this page entitled “Lets all learn from my negligence” I just refitted the boat with a new mast and some fiberglass work after I neglected to put the cotter pins in the port side shrouds. Ill let your imaginations do the work on what happened to that mast. That would be two masts ago for those keeping count. This time it seems that from what the quivering mothers voice of the “Punk ass kid” told me, is he and his friend were out in the Boston whaler. Her son, from here to, known as the Kid was at the wheel and the friend was up on the bow. Apparently the Kids vision was obscured, by among other things, his friend on the bow. He couldn’t seem to turn in time and hit my boat on the port side snagging my rigging and bringing my mast down. Quite the feat if you think about it. I know the Typhoon is no monster by any stretch but to have a boat ride up and over the side like it did he must have been going at a pretty good clip, bow out of the water. He must have tried to turn starboard at the last second and caught my back stay snapping my mast cap from its 5 rivets. Not before putting a good 5 degree bend in the mast and bending both shroud deck plates. Its a wonder that no one was hurt. Well I didn’t ask if any one was hurt. Now that’s something to ask next I speak to mom. The only reason that I dont drag the basterd out into the street by his hair is one, knowing my luck he could kick my ass seven different ways from Sunday. And two, Ive done some preety punk ass stunts in my day.

Now I come to the subject of this rant. Dose any one know the maritime law regarding Two punk ass kids joy riding, way to fast I mind you, in sallowes and bringing a boats mast down?

By the way. Thanks to those of you that gave me the help with my deck repair because there wasn’t so much as a scratch to the fiberglass work I did. the mast sheered right out of the step leaving the deck unharmed. PS: Any one want a slightly abused typhoon.

goldy@bestweb.net

[Paul Grecay]

Since this accident didn't happen on the high seas, it does not come under maritime law. State law would be applied just as if it occurred on land in the parking lot. I don't know what the $$$ limit is for small claim in your area, but I would guess that the damage you're talking about exceeds most small claims. Let the insurance companies work it out.



rfurman@dmv.com

[Paul Saltzman]

Adam sorry to hear about your troubles this past season. But don't give up. There's no more of a beauitful way to enjoy your day, than sailing!!!

Paul

Maritime Law

I new the gods were trying to tell me something when they gave me such a beautiful day to enjoy sailing the waters of long island this Sat. To bad I didn’t listen. For if I did my poor defenseless CD Typhoon weekender might not have been in the spot that some puck ass kids decided to take daddy’s Boston whaler out for a high speed joy ride through. That’s right ladies and gentlemen I have just become the latest victim to fall to those noise makein, water pollutin, wake makein, gas guslin, look at me I’m out in daddy’s boat on labor day weekend, speeding 25 yards of shoren, punk ass power boats. Bitter much?. No, not me. In fact I think I took it all in great stride when my neighbor came down with a police report in his hand to tell me some kids hit my boat. “I don’t think there was any damage below the water line but the mast got knocked down” he says as he turns and walks away. This becomes all the more painful because I just got a new mast not more than three month ago. That’s right its me. If any of you out there in cyber land remember a post I put on this page entitled “Lets all learn from my negligence” I just refitted the boat with a new mast and some fiberglass work after I neglected to put the cotter pins in the port side shrouds. Ill let your imaginations do the work on what happened to that mast. That would be two masts ago for those keeping count. This time it seems that from what the quivering mothers voice of the “Punk ass kid” told me, is he and his friend were out in the Boston whaler. Her son, from here to, known as the Kid was at the wheel and the friend was up on the bow. Apparently the Kids vision was obscured, by among other things, his friend on the bow. He couldn’t seem to turn in time and hit my boat on the port side snagging my rigging and bringing my mast down. Quite the feat if you think about it. I know the Typhoon is no monster by any stretch but to have a boat ride up and over the side like it did he must have been going at a pretty good clip, bow out of the water. He must have tried to turn starboard at the last second and caught my back stay snapping my mast cap from its 5 rivets. Not before putting a good 5 degree bend in the mast and bending both shroud deck plates. Its a wonder that no one was hurt. Well I didn’t ask if any one was hurt. Now that’s something to ask next I speak to mom. The only reason that I dont drag the basterd out into the street by his hair is one, knowing my luck he could kick my ass seven different ways from Sunday. And two, Ive done some preety punk ass stunts in my day.

Now I come to the subject of this rant. Dose any one know the maritime law regarding Two punk ass kids joy riding, way to fast I mind you, in sallowes and bringing a boats mast down?

By the way. Thanks to those of you that gave me the help with my deck repair because there wasn’t so much as a scratch to the fiberglass work I did. the mast sheered right out of the step leaving the deck unharmed. PS: Any one want a slightly abused typhoon.

saltzma@ibm.net,saltzman@aecom.yy.edu

[Ryan Puckett]

I might be interested in a slightly abused typhoon.
Ryanpuc@aol.com
Chicago,IL



Ryanpuc@aol.com