
Ask A Question - Help - Register - Login

I had a situation recently where my boat a 34 ft ...

Sent to Boat Experts April 20 10:58 a.m.

I had a situation recently where my boat a 34 ft searay sundancer, was taking on water in the engine compartment. I called for assistance as I was pulling up anchor and heading to shore to beach the boat and help stabilize it. I came in at a 15 to 20 degree angle onto the shore and when the props hit I shut down the engines. A towing company responded and assisted with pumps and then reattached the packing around a prop shaft with a new hose clamp I provided. I asked to be towed to a location for repairs, it was during the towing I was told it is a salvage operation and in the claim that was filed they are claiming the boat would have sunk and that my stern was in 12 - 16 ft of water. I have witnesses and a couple of pictures to support my case that the boat would not have sunk. They are asking for a 1/3 of the value of the boat. Should I seek legal representation? The towing comapny had an attorney file their claim.

Customer (name blocked for privacy)

Status: Closed Value: $15

Answer
April 20 12:27 p.m. (1 hour and 28 minutes later)

REPLIED

Hello. The short answer to your question is yes, you should retain an attorney. Make sure you find an attorney with experience in maritime law - it is quite a specialized area and will be "foreign" to most lawyers. From your description, it sounds like the towing company is trying to take advantage. I hope you have one or more witnesses who can verify the props hitting bottom. Once you got to that position it was nothing but a grounding - you would have fixed the packing (even temporarily) and the boat certainly would not have sunk. This is a case where the $$$ spent on a lawyer will probably save you a lot more in the long run. Hopefully a letter will be enough to convince them that you are serious about fighting it and not to pursue this. Good luck!

__________________
Dave

Good answers are not free. If my answer is helpful, please click the "Accept" button (even if you paid a deposit)- this is the only way I get paid for my work. Positive feedback is also greatly appreciated.

Captain Dave -- USCG Licensed Charter Captain -- 97% Positive Feedback on 192 Boat Accepts
USCG Licensed Captain, 20+ Years Boating, Fishing, Maintenance and Repair Experience

Reply to Captain Dave
Sent April 20 12:49 p.m. (21 minutes and 48 seconds later)

Dave, Thanks for the advice. I had 3 friends on the boat that can verify the props hitting. The water then slowed significantly but was till rising. The Towing company pumps did help as no one knows how high the water would have come up in the engine compartment precisely but certainly not close to the towing companies account. It could have reached the vents on the transmissions but I seriously doubt any damage to the engines would have occured. I is my opinion they are owed payment for services but not a salvage award of 1/3 the value of the boat. This is my first time using this service. Is the $15.00 deposit your payment?

Customer (name blocked for privacy)

Answer
April 20 7:29 p.m. (6 hours and 40 minutes later)

ACCEPTED

Hello. For what it's worth, I had a boat sink in the slip once. The towing company pumped it out for me and didn't charge me anything! In that case the water got up to the carbs on the engines, so they were filled with salt water and ruined. But nobody even mentioned salvage.

The way this site works is, if you are satisfied with the answer provided, you click on the green "Accept" button - then I get paid. I would appreciate it if you would take a moment to leave positive feedback as well. Good luck!

__________________
Dave

Good answers are not free. If my answer is helpful, please click the "Accept" button (even if you paid a deposit)- this is the only way I get paid for my work. Positive feedback is also greatly appreciated.

Captain Dave -- USCG Licensed Charter Captain -- 97% Positive Feedback on 192 Boat Accepts
USCG Licensed Captain, 20+ Years Boating, Fishing, Maintenance and Repair Experience

Think you can answer this question?
Login or Become an Expert

Related Answers:

	DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the Just Answer service comes from those individuals, not from Just Answer!, and that Just Answer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

Just Answer! > Boat