Mooring question?

Lakesrider · 06-02-2011, 06:05 AM

So a boat breaks free of a mooring. Does the owner of the mooring, or the owner of the boat have responsibility for any damages caused by the loose boat. The mooring ball did not break free, but the leader/whip from the boat to the mooring did. (Bad shackle.) I can't find it in the insurance policy.

upthesaukee · 06-02-2011, 06:14 AM

Liken it to an emergency brake letting loose on a car, or a car jumping out of park on its own, and the car rolls down the hill and hits another car.

You did not intend for it to happen, and you did not do anything to cause it to intentionally happy. It is an accident, and is why you buy insurance.

Your insurance contract has specific examples of coverage, mainly because that contract is not written for us, the policyholders, to read and understand, but rather to try to eliminate ambiguity between lawyers and the courts.

If you had this situation happen, and damage occurred, submit it to the insurance company and let them handle it. You probably will not hear anymore after they complete their initial investigation, except to want proof you corrected the problem.

Lakesrider · 06-02-2011, 06:23 AM

Not my boat but I saw it happen yesterday with all the wind. Some people caught the boat before it hit anything, and a small barge came out and put the boat back on another mooring ball. I was just wondering who was responsible. the mooring owner or the boat owner. But I guess your correct let the insurance companies deal with it.

EllyPoinster · 06-02-2011, 06:33 AM

Several years ago my then almost brand-new Four Winns broke away and sustained over $4,000 in damage - nothing structural, just awful gouges, scrapes and scratches all over the hull from being washed onto rocks. My insurance company (USAA) covered the claim less deductible based on pictures of the damage and a repair quote from Melvin Village Marina - who did a terrific repair job.

Kamper · 06-02-2011, 07:01 AM

If I were out a lot of money due to something like this and my insurance would not cover it, I'd send a bill jointly to the mooring owner and the boat owner. If they did not respond reasonably I'd sue both. I'm sure each has some degree of liability. If the jury did not aportion responsibility I'd file some kind of attachment over whatever assets I could find easiest from either of them (assuming I prevailed).

Just for the record I'm not a law-suit happy type of person. I'm sure I've had a case several times but life is full of dings, bangs and honest mis-understandings. This kind of stress I do not need.

ITD · 06-02-2011, 07:28 AM

I would think that the boat owner would be responsible for having his own insurance, just as you agree to do when you store your boat at a marina. You'd have to be nuts to rent a mooring at what, maybe $1,000 a season, then take on the liability of a 10, 20, 30, 50 thousand dollar boat. I would think this is covered in the mooring contract, if not, then the mooring owner is foolish.

Dave R · 06-02-2011, 08:59 AM

Quote:

Originally Posted by Lakesrider

Not my boat but I saw it happen yesterday with all the wind. Some people caught the boat before it hit anything, and a small barge came out and put the boat back on another mooring ball. I was just wondering who was responsible. the mooring owner or the boat owner. But I guess your correct let the insurance companies deal with it.

If this happened in Wolfeboro, I work with the son of the guy who rescued the free boat. We were just discussing it a few minutes ago...

NHBUOY · 06-02-2011, 09:21 AM

...the mooring ball and mooring are still in place.?..is the mooring line from boat to ball the boat owners, or was that part of the "mooring".?..the boat would be covered under the boat owners policy INITIALLY, but they (boat owners insurance company) will subrogate against the mooring "owner" depending on the answer to my question above...

NoBozo · 06-02-2011, 10:22 AM

Even if the mooring pendent "belongs to the mooring", (ie moorings owner) the boat owner is still "responsible" for providing adequate "chaffing gear" on the pendant where it goes over/through the deck chock, etc.

NB

AC2717 · 06-02-2011, 11:00 AM

both would be responsible for damages caused,
unless there is an agreement between the owner of the mooring and the boat owner, written contract or agreement that states that it is the boat owners responsibility, but even then it does not mean that the persons who's property was damaged (not the original boat owner) could still go after both the boat owner and the mooring owner.

it is all a case by case basis

Lakesrider · 06-03-2011, 08:53 AM

Thanks for the replies, and Yes it was in Wolfeboro. And when I said I couldn't find it in the insurance policy I mean I looked in my boats policy and there wasn't anything at all about moorings. Just made me wonder because I used to go to Block Island and would use a mooring there. Never thought about it. I think I'll call my insurance agent and ask. Knowledge is your friend.

jrc · 06-03-2011, 11:05 AM

Think about it from the victims point of view. I'm sitting on my million dollar yacht, drinking champagne with super-models, anchored in Wolfeboro Bay. The wind blows your unmanned boat into my boat causing me to spill my drink, upset my guests and scratching my boat.

Who is my lawyer going to call? You the boat owner.

Will he be deterred when you tell him stories about mooring balls, shackels and chaffing gear. No, but he may call the mooring owner, just in case you don't have enough money to pay.

Now maybe you or your insurance company will go after the mooring owner but that's your business. Your boat hits my boat, you pay me.

Dave R · 06-03-2011, 12:38 PM

Quote:

Originally Posted by jrc

Think about it from the victims point of view. I'm sitting on my million dollar yacht, drinking champagne with super-models, anchored in Wolfeboro Bay. The wind blows your unmanned boat into my boat causing me to spill my drink, upset my guests and scratching my boat.

I read this and all I can think of is Rodney Dangerfield admonishing Ted Knight with "you scratched my anchor!"

SIKSUKR · 06-03-2011, 01:49 PM

Quote:

Originally Posted by Dave R

I read this and all I can think of is Rodney Dangerfield admonishing Ted Knight with "you scratched my anchor!"

Wow scary. Before I got to your post I said out loud "hey, you scratched my anchor"

06-02-2011, 06:05 AM	#1
Lakesrider Senior Member Join Date: Jun 2007 Posts: 2,129 Thanks: 380 Thanked 1,016 Times in 345 Posts	Mooring question? So a boat breaks free of a mooring. Does the owner of the mooring, or the owner of the boat have responsibility for any damages caused by the loose boat. The mooring ball did not break free, but the leader/whip from the boat to the mooring did. (Bad shackle.) I can't find it in the insurance policy.

06-02-2011, 06:14 AM	#2
upthesaukee Senior Member Join Date: Jan 2003 Location: Alton Bay Posts: 5,547 Blog Entries: 2 Thanks: 2,398 Thanked 1,918 Times in 1,061 Posts	High likelyhood Yes Liken it to an emergency brake letting loose on a car, or a car jumping out of park on its own, and the car rolls down the hill and hits another car. You did not intend for it to happen, and you did not do anything to cause it to intentionally happy. It is an accident, and is why you buy insurance. Your insurance contract has specific examples of coverage, mainly because that contract is not written for us, the policyholders, to read and understand, but rather to try to eliminate ambiguity between lawyers and the courts. If you had this situation happen, and damage occurred, submit it to the insurance company and let them handle it. You probably will not hear anymore after they complete their initial investigation, except to want proof you corrected the problem. __________________ I Live Here... I am always UPTHESAUKEE !!!!

06-02-2011, 06:33 AM	#4
EllyPoinster Senior Member Join Date: Nov 2005 Posts: 160 Thanks: 13 Thanked 25 Times in 20 Posts	this Happened to Me Several years ago my then almost brand-new Four Winns broke away and sustained over $4,000 in damage - nothing structural, just awful gouges, scrapes and scratches all over the hull from being washed onto rocks. My insurance company (USAA) covered the claim less deductible based on pictures of the damage and a repair quote from Melvin Village Marina - who did a terrific repair job.

06-02-2011, 11:00 AM	#10
AC2717 Senior Member Join Date: Apr 2007 Location: Maynard, MA & Paugus Bay Posts: 2,522 Thanks: 747 Thanked 344 Times in 257 Posts	both would be responsible for damages caused, unless there is an agreement between the owner of the mooring and the boat owner, written contract or agreement that states that it is the boat owners responsibility, but even then it does not mean that the persons who's property was damaged (not the original boat owner) could still go after both the boat owner and the mooring owner. it is all a case by case basis __________________ Capt. of the "No Worries"

06-02-2011, 06:23 AM	#3
Lakesrider Senior Member Join Date: Jun 2007 Posts: 2,129 Thanks: 380 Thanked 1,016 Times in 345 Posts	Not my boat but I saw it happen yesterday with all the wind. Some people caught the boat before it hit anything, and a small barge came out and put the boat back on another mooring ball. I was just wondering who was responsible. the mooring owner or the boat owner. But I guess your correct let the insurance companies deal with it.

06-02-2011, 07:01 AM	#5
Kamper Senior Member Join Date: Jul 2005 Location: Thornton's Ferry Posts: 1,296 Thanks: 67 Thanked 166 Times in 126 Posts	If I were out a lot of money due to something like this and my insurance would not cover it, I'd send a bill jointly to the mooring owner and the boat owner. If they did not respond reasonably I'd sue both. I'm sure each has some degree of liability. If the jury did not aportion responsibility I'd file some kind of attachment over whatever assets I could find easiest from either of them (assuming I prevailed). Just for the record I'm not a law-suit happy type of person. I'm sure I've had a case several times but life is full of dings, bangs and honest mis-understandings. This kind of stress I do not need.

06-02-2011, 07:28 AM	#6
ITD Senior Member Join Date: Apr 2004 Location: Moultonboro, NH Posts: 2,860 Thanks: 461 Thanked 666 Times in 366 Posts	I would think that the boat owner would be responsible for having his own insurance, just as you agree to do when you store your boat at a marina. You'd have to be nuts to rent a mooring at what, maybe $1,000 a season, then take on the liability of a 10, 20, 30, 50 thousand dollar boat. I would think this is covered in the mooring contract, if not, then the mooring owner is foolish.

06-02-2011, 09:21 AM	#8
NHBUOY Senior Member Join Date: May 2005 Location: Loon Mtn. winters...Meredith Neck summers Posts: 398 Thanks: 288 Thanked 94 Times in 60 Posts	...the mooring ball and mooring are still in place.?..is the mooring line from boat to ball the boat owners, or was that part of the "mooring".?..the boat would be covered under the boat owners policy INITIALLY, but they (boat owners insurance company) will subrogate against the mooring "owner" depending on the answer to my question above...

06-02-2011, 10:22 AM	#9
NoBozo Senior Member Join Date: Jun 2008 Location: Portsmouth. RI Posts: 2,231 Thanks: 400 Thanked 460 Times in 308 Posts	Even if the mooring pendent "belongs to the mooring", (ie moorings owner) the boat owner is still "responsible" for providing adequate "chaffing gear" on the pendant where it goes over/through the deck chock, etc. NB

06-03-2011, 08:53 AM	#11
Lakesrider Senior Member Join Date: Jun 2007 Posts: 2,129 Thanks: 380 Thanked 1,016 Times in 345 Posts	Thanks for the replies, and Yes it was in Wolfeboro. And when I said I couldn't find it in the insurance policy I mean I looked in my boats policy and there wasn't anything at all about moorings. Just made me wonder because I used to go to Block Island and would use a mooring there. Never thought about it. I think I'll call my insurance agent and ask. Knowledge is your friend.

06-03-2011, 11:05 AM	#12
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	Think about it from the victims point of view. I'm sitting on my million dollar yacht, drinking champagne with super-models, anchored in Wolfeboro Bay. The wind blows your unmanned boat into my boat causing me to spill my drink, upset my guests and scratching my boat. Who is my lawyer going to call? You the boat owner. Will he be deterred when you tell him stories about mooring balls, shackels and chaffing gear. No, but he may call the mooring owner, just in case you don't have enough money to pay. Now maybe you or your insurance company will go after the mooring owner but that's your business. Your boat hits my boat, you pay me.

The Following User Says Thank You to Dave R For This Useful Post:
jrc (06-03-2011)