Need legal advice?

[Boaty_McBoatFace]

Hi friends,

A few weeks ago me and a few friends were out on the lake. I guess there was some event going on at the nearby uni because the beaches had a lot of rowdy 20 somethings- whatever, didn't bother us.

Until one group drunkingly collided with us on the water. There is some damage (nothing major, but will result in repairs and, well $$$). I've found two of the group from the other boat on Facebook after some sleuthing, but not sure where to go from here.

Thoughts would be greatly appreciated.

 

[H20Rat]

Unless you have video evidence, you aren't going to prove who was in the wrong. How do we know you didn't collide with them? Or did you not give way when you were legally required to? (Yes, someone can run into you, and you may be at fault.) Not to mention, if there wasn't a police report at the time, you stand absolutely ZERO chance of going after anyone after the fact.

Legal advice? Be more careful and boat defensively. If something happens, make a police report immediately. If you try harassing them to get them to pay up now, you could end up on the bad end of the law.

 

[wrvond]

Whenever an incident occurs make note of the registration number of the boat, as well as a description of the boat and people aboard. Immediately report to the Coast Guard or nearest authority with an accurate description of events and any corroborating evidence (witnesses).
Taking a few weeks to play detective most likely cost you any recourse to legal action.

 

[Starcraft5834]

yep what smoke said.... you could ask them to pay for the damage no harm in that... if they tell you to pound sand or ignore you, fix it your self and steer clear of like situations again.. asking the police for a report? unless someone was hurt, or you have video evidence, they wont do much, a boating under the influence charge cant be prosecuted outside certain time restraints, (generally BAC taken within 2 hours of the event) police don't have a crystal ball to solve anything... we rely on stupid people who are really bad at crime or a good snitch!! take your case to civil court and let a local magistrate sort it out.. that's what they get paid for

 

[tpenfield]

I assume it was a hit and run :noidea: Otherwise, you would know the boat & individuals involved. I take it you did not contact the local authorities either. . .

 

[bruceb58]

You should have filed a police report on the spot.

 

[rallyart]

Same as a car accident. Those legally responsible are both the oprtayor and the owner of the vehicle that damaged yours. Start with a police report and a call to your insurance company. Next find the registered owner from the boats ID number that was displayed on the hull.
Of course, your best legal advice will never come from the internet.

 

[Comogene]

You need to identify the operator of the boat, not the passengers or the owner. If fault lies, the action would be against that individual. That is why law enforcement officers are called to the scene of an accident - to identify the individuals who may be responsible and to obtain statements from bystanders and individuals involved before they have an opportunity to concoct another.

 

[oldjeep]

Legal advice? Sounds like you already failed to report, which in itself is against the law in a lot of places. Plan on plenty of questions from police or insurance on why you are bringing this up a couple weeks later.

 

[dwco5051]

You have received good legal advice from the other posters. I am sure there is some Latin legal term for your problem but it would be translated as ?you?re pretty much screwed.?

An accident report is required when damages exceed $2000, injury requiring medical care, death, or disappearance. This confidental info is used for statistical purposes only and can not be introduced into court except in a very few limited circumstances.

An incident report would be prepared by the investigating officer for later use. Even if you had a registration number you would not be given the owners name in most states due to privacy laws. The officer would have to contact the owner to complete the report.

After thirty-five years of enforcing boat laws I have made a list as follows.

Rule 1 ? Be skeptical of everyone.

Rule 2 ? Always separate the suspects when questioning to see if stories match.

Rule 3 ? Be suspect of every thing you hear and half of what you actually see.

The occupants of the other boat have now had a couple of weeks to get their stories to agree.

 

[gm280]

Without video proof it turns into he said you said scenario. And you didn't even get their registration number as well. So I say forget about it and repair your hull and lesson learned. "Should haves" is now water under the bridge, or over the dam. Either way, you will spend tons more money then you could ever hope to retrieve. JMHO

 

[Ned L]

Agree with the above. Also, do you know the "rules of the road"? You don't indicate what direction the boats were moving in, and how and where the boats contacted each other. Just because maybe his pointy end hit your boat in the side doesn't mean you aren't at fault.
If you aren't familiar with "Colregs" and the rules of the road, you might want to check them out before looking to hard for him.

 

[R055]

You screwed your self over by not resolving/reporting the issue as soon as possible

 

[GA_Boater]

Boaty got all the legal advice available on the Internet.

Closed!