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Old 04-18-2014, 08:38 PM   #110
psneeld
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City: Avalon, NJ
Country: USA
Vessel Name: Freedom
Vessel Model: Albin 40
Join Date: Oct 2011
Posts: 17,757
Quote:
Originally Posted by kitelog View Post
Once again, thanks for all the advice. As I stated before, I am not planning on pursuing action against the capt. as it is just not worth it for the $ involved and its time to move on and enjoy the boat and learn from the experience.

The main thing that rubs me the wrong way on this whole deal is that I paid the Capt. a significant sum of money to do the delivery since I was a new boat owner without what I thought was enough experience.
If you don't mind me asking...what was the contact amount...per day, extras, etc...why is it "significant compared to what you may pay a lawyer for 1/2 as many hours?????

He put us aground because he did not do any route planning.
What do you consider route planning??? If the trip was along the ICW...how much planning is really required???? First day out if you have to pull in and make a repair...the whole rest of the trip is "off schedule and tides and weather...etc..etc...

You can blame me for hiring him, not doing the route planning myself, not carrying low insurance limits, etc. This was not discussed and my contract with him did not state these as requirements and his contract implied that he was responsible unless mechanical or weather related. However, if that is how professional captains operate, which I doubt it is for most, I am not impressed.

Be careful...the best captains may NOT be the ones full of legaleze and paperwork and contract standards...why?...because they have never really needed all that to protect themselves for minor stuff...but now that everyone wants their head on a plate...it's becoming time...it's one of the main reasons I don't do deliveries that much and rarely move anyone's boat unless they are a very close friend.

The other thing that bothers me is that if he would have agreed to split the cost of the repair with me he would still have netted a nice paycheck for the trip. But he will not respond to calls or emails since I got the total for the repairs.

Again...what did you pay him???? What you consider a good paycheck often for many good captains is not all that good when you look at a years pay doing the job...and if you WANT extraordinarily professional captains...yes it has to be a full time job and commensurate pay.

So you can close the books on this one. He is going to skate by on this one other than any ramifications he may face from not having filed an accident report since I have filed one as the owner to fulfil the requirement.

He's not required to file anything...you are if you consider the "accident" costing more than $2000 in damages.
I cant side with either person because there's a lot of info I just don't have but neither does anyone else here but you.

Deliveries with owners aboard are sometimes the worst jobs to take. When I had owners aboard..I refused to be considered the captain...I was "the navigator advisor"...it spelled out that I was just there to be asked questions related to getting some place safely. I did it that way just for the very reason that life ain't perfect and getting sued for something negligent is one thing...but getting sued when there's a lot more to the story ain't gonna happen to me if I can avoid it.
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