Thread: Pay Back Time?
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Old 11-03-2012, 12:00 PM   #65
ksanders
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City: SEWARD ALASKA
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Quote:
Originally Posted by rwidman View Post
That doesn't mean there has never been one. And it doesn't mean that a boat owner has never settled a claim outside of his insurance.

I remember a story on another forum about a large boat flying through the Chesapeake and Deleware Canal and damaging several boats at a marina. Some of the boaters got into their boats and chased it down, got the information and eventually were able to collect from the owner of the boat (who was not actually operating it at the time).

Waterfront property owners love the "You are responsible for your wake" thing, they paint it on signs on their docks all along the AICW.

The problem is, to receive compensation for wake damage, you must have three things:

1) Actual damage. Dead people or broken bones, or physically damaged boats. Damage that can be measured in dollars. Cuts and bruises won't do it, spilled coffee won't do it, and scratches on the hull won't do it. Wear and tear on your boat or dock doesn't count. And the damage must be substantial. It would be impractical to try to take someone to court for a $100 claim.

2) You have to be able to identify the offending boat. If you can't see the name or state registration number, you're pretty much out of luck.

3) Proof that the offending boat caused the damage. Witnesses other than yourself, video, etc.

In reality, it's pretty hard to collect for damages caused by boat wakes in most cases. It's the "wild west" on the water, it's every man for himself. It's up to you to protect yourself from other boaters and the damage they may cause to you and your property.
After you did all that, you would THEN have to show that the offending boat was Negligent in the operation of his boat.

Just proving that the offending boat caused damage to your boat or dock for example would not be enough. You would have to show that the damage was caused due to the fact that the offending boat was operating different than normal and acceptable practice for that given area, or that its wake was larger than what is normal for that area.

If you or your damaged property was not in a no wake zone then it could easily be argued that waves are a generally accepted risk, and that you need to protect your property against that risk.

This is a wonderful discussion and I really enjoy these theoretical debates. They are great in theory, but in practice as Pete indicated, he as an insurance professional has never seen an actual wake damage claim. Thats probably because they are so difficult to sustain.

As far as people settling out of insurance, I think there's a very low probability of that. Few boaters are going to actually write someone a check for "wake damage" I just don't see that happening.
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