Boat accident at dusk

[jimmbo]

In Canada, Lakes and Rivers are Federal Jurisdiction, so the rules apply nationwide, the Provinces, and Municipalities really can't do much, or make different rules.

 

[RayRay70]

I always carry an extremely loud air horn.

 

[driz]

a nice bright handheld spot light helps as does an air horn But they aren’t infallible if bozo isn’t watching and has a loud engine . I typically avoid the busy area if I’m going to sit. If I do I make sure to stay near the rock pile or buoy . The blind and stupid seem to find a way to avoid those For some reason.
If one starts bearing down on me I make it a point to have the engine on anchor up and ready to go when he is within 250 yards. If he hasn’t altered course by then and usually before then I’m outa there. Some of them are too oblivious to take any chances.

 

[harringtondav]

Colregs… marine rules for the road.
37 States have now adapted the regulations as law

https://nauticalcharts.noaa.gov/publications/coast-pilot/docs/NavigationRulesStandardSize.pdf

Thanks, downloaded.
Do you know which states have adopted these? I'm in Iowa, but boat on the Mississippi river, which may default to these regulations.
Scanning the document I see numerous violations from our river house deck.

PS. I swore off boating after dusk years ago. Even with a handheld spotlight the channel markers still come out of nowhere.

 

[dwco5051]

Thanks, downloaded.
Do you know which states have adopted these? I'm in Iowa, but boat on the Mississippi river, which may default to these regulations.

In Canada, Lakes and Rivers are Federal Jurisdiction, so the rules apply nationwide, the Provinces, and Municipalities really can't do much, or make different rules.

A little different in the US. A state can have what is knows as primacy which means that they have a law that basically adapts 33CFR in its wording. Minor changes can be made usually if they are more strict than the federal law. This is done by exemption from preemption.

Here is an example;
§ 175.5 Exemption from preemption.
The States are exempted from preemption by Federal regulations when establishing, continuing in effect, or enforcing State laws and regulations on the wearing or the carriage of personal flotation devices directly related to the following subject areas within the jurisdictional boundaries of the State:
(a) Children on board any vessel;
(b) Operating a canoe or kayak;
(c) Operating a sailboard; and
(d) Operating a personal watercraft.
[CGD 92-045, 58 FR 41608, Aug. 4, 1993]

 

[airshot]

Get an in depth inspection on your boat....impacts on fiberglass has a tendency to shatter the fiberglass where you may not see it..would hate to see you have structural damage that gets missed

 

[JonBoat55]

Update to this situation.... the owner of the other boat has now recanted, telling insurance that he saw no lights on my vessel before striking me. The liability for the claim is still open (this is over 2 months now), as the insurance company has still not received any communication back from the passengers on the other guy’s boat to get a statement after multiple attempts.

Here’s what the agent total me which I’m kind of at a lost for.... because there were no witnesses during the exact moment of the collision besides the people in both boats, they cannot assign blame, which will limit the liability of the insurance company to 50% at most. This is after a police written warning against the other boat, the other boat fleeing the scene after the collision and the rest of his crew dodging calls to take a statement. Really unsure what else I can do about this, I vented to the agent for a while and while he was respectful, he plainly said this is how all marine insurance works with collisions of this nature. So all it takes for skipping out on liability is to be a dirtbag and just stick to a lie and in doing so you tie the hands of the insurance company?

I was ready to contact the owner of the other boat directly, but my better half calmed me down enough to realize that might not be a smart idea at this point.

Just looking for anyone’s knowledgeable option on this.

 

[briangcc]

I'd contact an attorney to see what other options you may have outside of insurance. Might be nothing, might be substantial. Don't know till you sit down and ask.

I'd steer clear of contacting the owner of the other boat.

 

[tpenfield]

Did the other boat operator (or passengers) go on record with law enforcement at any point regarding lights, visibility, etc.? Did law enforcement find fault, issue citations, etc?

Not sure you covered that previously. Sorry to here that it is such a hassle. Your insurance might cover what the other insurance company won't. then they can go after the other insurance company.

Insurance is like warranties, it seems . . . look for an out

 

[dingbat]

Here’s what the agent total me which I’m kind of at a lost for.... because there were no witnesses during the exact moment of the collision besides the people in both boats, they cannot assign blame, which will limit the liability of the insurance company to 50% at most.

Better hope you have an "Agreed Value" verse "Cash Value" insurance policy or you're really going to be upset

 

[racerone]

No surprise at all.