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Rescue Boat Liability?
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Jamie600 View Drop Down
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Posts: 718 		Post Options Post Options   Quote Jamie600 Quote  Post ReplyReply Direct Link To This Post Topic: Rescue Boat Liability?
    Posted: 09 Nov 06 at 5:45pm

Hi All,

Just wondered if anyone had ever been in an incident with a rescue boat, and sucessfully claimed for damage from the sailing club's insurance?

I had a bit of a swim on Sunday (40 knots so fair enough!) and at my club we have a large dam wall. The rescue boat came in to tow me upwind before I went onto the wall, but in the process got too close and hit my upturned boat.

The rescue boat has an eyebolt on the bow, and the boat actually rode up over my boat, came down and punctured the hull with the eyebolt, and then dug a lovely groove down the hull as it rolled back off.

I've filled in the claim form, and under the section "who do you consider was at fault", I have cited the driver of the rescue boat as he had failed to control his craft correctly. I'd do the same in a car accident if someone hit me.

So far the attitude from both the sailing club and the insurance company has been that they don't like blaming rescue boats, they have a job to do and sometimes boats get damaged in the process, and really I should just claim on my own insurance.

This can't be right surely? It means I loose my excess and no-claims bonus, and my policy gets loaded next year, because someone hit me????

Has anyone else come across this situation before?
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foaminatthedeck View Drop Down
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Posts: 318 		Post Options Post Options   Quote foaminatthedeck Quote  Post ReplyReply Direct Link To This Post Posted: 09 Nov 06 at 5:53pm

Personaly I only think you have a case if the boat driver was acting negilaty, if he planned at 20 ktns into you boat maybe its ok to claim, if he knocked it at low speed just suck it up, if you sail in 40 kts you have to expect damage, I'm not sure I would provide safty cover in that much wind.

If we start claim on safety boat divers we'll soon lose our safty cover which will have a much greater affect on our insurance that a few claims.
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Worthy View Drop Down
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Posts: 511 		Post Options Post Options   Quote Worthy Quote  Post ReplyReply Direct Link To This Post Posted: 09 Nov 06 at 5:58pm
Have you ever tried to control a rescue boat in 40 knots and waves at slow speed??

It is nigh on impossible!


Edited by Worthy
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Posts: 129 		Post Options Post Options   Quote Andrewst Quote  Post ReplyReply Direct Link To This Post Posted: 09 Nov 06 at 5:58pm

One of the boats not long ago at our club was hit by the RLNI/Coastguard when they got into trouble. I believe the owners had to claim on their own insurance.

As you say above they had a job to do and things could have been a lot worse had they not bothered
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Posts: 539 		Post Options Post Options   Quote CurlyBen Quote  Post ReplyReply Direct Link To This Post Posted: 09 Nov 06 at 6:02pm
But if the rescue boat hadn't been there and you'd hit the wall you'd have far worse damage. Also you say he failed to control his craft correctly.. what can you reasonably expect from someone who in all probability has done PB2 and drives a RIB a handful of times a year? (No offence intended there, but controlling any boat in 40kts of breeze isn't easy). Also the intention of providing the boat is almost certainly for safety of life, not equipment. If you were being blown onto a dam wall he needed to attend to ensure your safety. I agree that as long as he was not negligent he's not at fault.
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Stefan Lloyd View Drop Down
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Posts: 1599 		Post Options Post Options   Quote Stefan Lloyd Quote  Post ReplyReply Direct Link To This Post Posted: 10 Nov 06 at 6:57am

Originally posted by Jamie600

This can't be right surely? It means I loose my excess and no-claims bonus, and my policy gets loaded next year, because someone hit me????

No, you lose them because you decided to go for a sail in 40 knots and needed a rescue boat to get out of the mess you had put yourself into. Take some responsibility for your own actions. 

If you do make a claim against the rescue boat, your club should expel you.

 
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CT249 View Drop Down
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Posts: 399 		Post Options Post Options   Quote CT249 Quote  Post ReplyReply Direct Link To This Post Posted: 10 Nov 06 at 7:17am
Rescuers (like a rescue boat) have a modified standard of care. Maritime law also allows for the "agony of the moment" which from memory (my maritime law thesis at uni was some time ago) applies even more strongly to rescuers. Furthermore, if you were that getting close to the dam wall then time to rescue you would have been an issue. Finally, standard of care is modified sometimes by a person's experience. (I think, I haven't worked in torts for a while so I'm getting rusty).

So, off the top of my head and without looking up precedents, the reasonable rescue boat driver may have been justified working quickly; is allowed to make a mistake in the agony of the moment; and may be classed as a rescuer.

Off hand you're stuffed.

And you deserve to be. Some poor guy spends his weekends looking after you, other poor guys spend their nights doing committee meetings, fund raising, going over the books, manning the canteen to raise funds etc, and you want them to pay because you went out in 40 knots when you can't handle it, AND you failed to stay upright AND you didn't stay well away from the damn wall?

(The preceding is not legal advice etc).
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les5269 View Drop Down
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Posts: 1530 		Post Options Post Options   Quote les5269 Quote  Post ReplyReply Direct Link To This Post Posted: 10 Nov 06 at 7:22am

I drive a a rib for our club, and I think all our drivers are told we are there to help people, equipment is a secondary thing.

I don't think anyone has ever claimed off the club insurance for damage to their boats etc from a rib. Personally if it was me (seeing it from both sides) if I went out in 40 knots and a rib came and accidently damaged my hull I'd claim off my own insurance and suck it when the premium came through.(and hope they don't ask the wind strength ) I'd be much less likely to go out if I thought the club wouldn't supply cover if it was over a certain breeze (whatever they set say 30 knots!) 
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Chris Noble View Drop Down
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Posts: 710 		Post Options Post Options   Quote Chris Noble Quote  Post ReplyReply Direct Link To This Post Posted: 10 Nov 06 at 7:27am

I refrain from commenting but if you search for a thread i thnik called "cumbrae's regatta" from around August/Sept. time you will find a fairly heated debate on there.

 

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Edited by Chris Noble
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Tornado_ALIVE View Drop Down
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Posts: 611 		Post Options Post Options   Quote Tornado_ALIVE Quote  Post ReplyReply Direct Link To This Post Posted: 10 Nov 06 at 7:52am

Your kidding aren't you Jamie

You are irresponsible enough to go out in 40 knots and don’t give me ‘the weather changed crap’, and then you put others craft and lives at risk when they have to come out and rescue you.  Be a little more appreciative.  Buy your rescuers a beer, say thanks, offer to pay for any damage they did to their boat in the process on rescuing you and finally learn from your experience and don’t foolishly put others in a dangerous situation coming out and rescuing you because you f@#ked up.

I personaly think your own insurance company should throw out your claim also.  In AUS, our insurance company does not cover us in winds exceeding 22.5 sustained.

God help us all if you are ever successful with a jack ass claim like that.  If they are accountable for any damage that may come out of a rescue, do you think they will make themselves available for the next person.

 



Edited by Tornado_ALIVE

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