# Boating accident



## sparbo84 (Feb 8, 2012)

I was involved in a boating accident Saturday night I was in my 28ft provide and a 38ft searay cabin cruiser came from being me on my left and t-boned me totaled my boat and I got beat up pretty good. could anyone tell me a good lawyer for something like this encased the guy who hit me tries to fight me on this?


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## Coastal Cowboy (Feb 12, 2012)

you have insurance?


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## sparbo84 (Feb 8, 2012)

No I don't


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## TheRoguePirate (Nov 3, 2011)

no insurace= your gonna need johnny cochran


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## tjwareusmc (Jul 10, 2008)

That sucks. Glad you're ok though.


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## Coastal Cowboy (Feb 12, 2012)

dude, that sucks. what is it, dial 411 after 911? call a lawyer, they'll direct you in the right way even if they can't help


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## sparbo84 (Feb 8, 2012)

Thanks me too. so was that sarcasm or serious about Jonny cochran? am I really just screwed even if its his fault?


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## wackydaddy (Jul 24, 2009)

http://www.boaterexam.com/usa/florida/education/?chapter=5&page=11 exact scenario?


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## Coastal Cowboy (Feb 12, 2012)

Dude, call a lawyer, see what can be done. Glad you're ok, better the boat being totalled than you.


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## Coastal Cowboy (Feb 12, 2012)

Did the boat sink? Did you call the Coast Guard? Is it anyway at all salvagable? Did you get the numbers of the boat that hit you? Did you call the police and report it?


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## TheRoguePirate (Nov 3, 2011)

was being serious


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## First Cast (Oct 8, 2007)

John Merting is a good maritime attorney in Pensacola.


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## DTFuqua (Jan 30, 2012)

The problem may be witnesses and weather or not the other boater has insurance that will cover the accident. A lawyer may be able to win a judgment which insurance should pay but if there isn't any insurance, you could have problems collecting on a judgment. Did the other boat look like it was a late model and well kept up, at least till the accident? IOWs, do you think the other guy has the assets that are attachable to cover the loss? Good luck, this can turn into a nightmare.


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## sparbo84 (Feb 8, 2012)

Thanks for the link that shows that he was clearly at fault. And no the boat did not sink all damage is above water but it is almost cut in half on the top very extensive damage. and yes I called fwc they came out the guy admitted to drinking but they said he didn't seem impaired. they have 2 weeks to finish investigation.


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## aroundthehorn (Aug 29, 2010)

Coastal Cowboy said:


> Did the boat sink? Did you call the Coast Guard? Is it anyway at all salvagable? Did you get the numbers of the boat that hit you? Did you call the police and report it?


These are all good questions. I think all maritime accidents are supposed to be reported. Then again, I have seen a couple that weren't reported by either of the two parties.


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## sparbo84 (Feb 8, 2012)

The other boat was close to brand new and he does have insurance and he is a doctor so he should have no problem compensating me. just don't know how hard it will be to get him to.


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## Coastal Cowboy (Feb 12, 2012)

If he was at fault, and it was me, I'd go after him. My boat is my earthly salvation and it means alot to me. Not having my boat in an area like this, even to sit on and have a soda in the bayou would be devastating to me.


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## wackydaddy (Jul 24, 2009)

sparbo84 said:


> Thanks for the link that shows that he was clearly at fault. And no the boat did not sink all damage is above water but it is almost cut in half on the top very extensive damage. and yes I called fwc they came out the guy admitted to drinking but they said he didn't seem impaired. they have 2 weeks to finish investigation.


 I would imagine if he admitted to drinking then FWC should have without doubt tested him, some people react rather well with alcohol in the system while others can get tipsy on just one beer/cooler. Any chance you might have a case against FWC for not doing their job correctly and letting the other guy go on his merry way, I mean he could have done something to hurt somebody else after they let him go that day. After all, he T-boned you not just drifted into you, clearly something was up.
Even if you have no insurance and he does, you can take him to court and sue him for any of the assets he owns, which are probably also insured for that cause, this would be smart of you because insurance may only pay a certain amount that is not commensurate with the damage done to you and your boat. 
I would record every conversation and document everything and make copies of everything.


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## B-Rod (Feb 16, 2010)

4348778 call Tom


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## aroundthehorn (Aug 29, 2010)

I would find an attorney regardless of what the other guy does. If you had had insurance, the insurance company would handle it for you and go after him.

That's such a scary story.


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## GASeminole (Aug 15, 2011)

The GOOD news is that the accident was not your fault..hopefully the other boater will agree with you. I'm sure this other person has insurance on his vessel, and probably has an umbrella policy on top of that, especially being a Dr.

If everyone agrees that it was his fault and no one was hurt, just boat loss/damage, the question then becomes, what is the total loss ($). Then, what are the coverage limits on his policy. 

If he either suggests that the accident wasn't his fault OR if your loss is greater than the coverage will pay for from his policy, then you have to decide whether or not to sue (which is going to cost you money to hire a lawyer, etc.)


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## Starlifter (Feb 24, 2011)

If you have a possible case then if you are going to build up evidence I'd suggest you start here; also I would have called the USCG instead of FFWCC; but would of, could of, should of is the only draw back with everyone. Because the USCG is procedural to the capital T!

http://www.navcen.uscg.gov/

The (COLREGS) Collision Avoidance Regulations are either going to help you, or hurt you in this debacle. But, I'd sleep with them under your pillow, to soak them up like a sponge.

Also, worst comes worst, you can sue for another hull, and re rig it with your stuff; less costly this way I would think.


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## K-Bill (May 14, 2009)

why don't you wait and see what his insurance company says rather than commit 1/3 of your pay-out to an attorney when you could have kept 100%? not to mention lawyers for property damage claims are few and far between, unlike personal injury claims. from the sound of it he's at fault and if there's an fwc report you should be taken care of. and no, you cannot go after his assets if his insurance company makes an offer to take care of your damage. thank goodness florida still has that part right.


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## basnbud (Jul 20, 2011)

444-4444


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## doradohunter (Aug 8, 2010)

Any pics of the damage?


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## whalerjon (May 7, 2010)

Is it just me or wouldn't it be wise(and responsible) to have insurance on our boats?


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## Realtor (Oct 1, 2007)

sparbo84 said:


> I was involved in a boating accident Saturday night I was in my 28ft provide and a 38ft searay cabin cruiser came from being me on my left and t-boned me totaled my boat and I got beat up pretty good. could anyone tell me a good lawyer for something like this encased the guy who hit me tries to fight me on this?


First thing I would do is stop talking about this on a public internet forum until after everything is settled.......:whistling:


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## K-Bill (May 14, 2009)

whalerjon said:


> Is it just me or wouldn't it be wise(and responsible) to have insurance on our boats?


it would definitely be wise, because a lot of idiots out there are not responsible! (or safe, or cautious, or courteous, or have common sense). of course there are plenty of instances every day to even the most experienced boater that could not be avoided, but events like the OP should never happen if people are paying attention to what they're doing.


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## aroundthehorn (Aug 29, 2010)

whalerjon said:


> Is it just me or wouldn't it be wise(and responsible) to have insurance on our boats?


Yeah, I think it's both wise and responsible. You can't really get around that.


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## Realtor (Oct 1, 2007)

dont you "have to have insurance" like a car with liability insurance?


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## chicon monster (Mar 7, 2012)

did you have all the proper lights on the boat.


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## sealark (Sep 27, 2007)

Jim, Not unless you are financing the boat same as house insurance.


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## sealark (Sep 27, 2007)

I would first call the Dr. and talk with him and see what his intentions are. He may just want to settle with you. In your first post did you say he approached from the stern of your boat and hit your port side (Red light side)? If he approached from behind you that's even worse than just on your red side.


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## CCC (Sep 3, 2008)

Yea, give the guy a chance to make it right before you automatically "Lawyer up".


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## DTFuqua (Jan 30, 2012)

Go slow before signing anything, especially a lawyer contract for services. Keep records of everything down to any conversations at what time with whom (conversations with insurance companies, FWC or any other law enforcement agency involved with taking information or investigation, and the other owner himself. Record date, time,and gist of conversation. Would be good to record all conversations but for that to be legal, you must first warn the other party(s) that a recording is being made. There is nothing saying you can't record on the sly and then make a transcript of the conversations. Personally, I would make recordings without the other partys knowledge as long as things are going in a direction you are happy with but start informing them of recording if things aren't going the direction you feel that they should. If the guy is a practicing doctor, they are always insured to the hilt and can't afford to have law suits for any reason so try to deal for yourself to start. Like someone stated before, signing up with a lawyer too soon is just giving money away a lot of times. Besides that, I have never found a lawyer I could be comfortable with. They either sound like I'm a child and should do whatever they say without question or they sound like used car sales person. I did one time hire a lawyer to do some probate work and he did what he was supposed to do but charged a lot of money for just having an underling file some papers. I did all the legwork and got my brother to quit holding things up.


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## sparbo84 (Feb 8, 2012)

Yes I had all the proper lights on and yes he came from my left red light side tried to upload pics but not letting me from phone


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## GASeminole (Aug 15, 2011)

As others are saying, assuming he is insured, you can bet that his insurance company will do everything to minimize their losses and will be happy to dance in the ring with any lawyer you hire, whereas if you try to deal with him man to man, he may be able to cut you a personal check that will make you happy. 

If you get aggressive without giving him a chance, you will leave him no choice but to turn it over to the suits.


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## chicon monster (Mar 7, 2012)

GASeminole said:


> As others are saying, assuming he is insured, you can bet that his insurance company will do everything to minimize their losses and will be happy to dance in the ring with any lawyer you hire, whereas if you try to deal with him man to man, he may be able to cut you a personal check that will make you happy.
> 
> If you get aggressive without giving him a chance, you will leave him no choice but to turn it over to the suits.


agreed, dont' want to piss him off or he will try to do everything to not pay you


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## MillerTime (Jul 6, 2011)

Shouldn't matter if you don't have insurance if it wasn't your fault. Uninsured coverage is if you get hit and the other person doesn't have insurance which wouldn't apply in this scenario. I think your only problem here will be getting what you deem is fair from his insurance company.


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## K-Bill (May 14, 2009)

here's what should happen: the doctor calls in a claim and gives his statement. his insurance co. calls you for a statement. they tell you they're waiting on fwc report and any witness statements to finalize liability. they'll want to set up an inspection of your boat and make sure you weren't injured in the mean time. hopefully you get a number back from them that you can live with when they say your boat is totaled. go ahead and forget about being happy with it. then hopefully they say yes we're accepting full liability, and your check is in the mail. if the outcome is anything less, then you may have something worth going to see an attorney about.


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## chapel321 (Oct 3, 2007)

Call Attorney at Law, Lisa Courson, VERY GOOD accident and injury Attorney!! 

334-649-0076 Trust me, I came out very well under the same type circumstances!!!


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## Starlifter (Feb 24, 2011)

One thing I'd do is go to the hospital to make a record that you were involved in a night time boating accident, well if you have the health insurance to afford it. So that you can be checked over for any possible injuries.

If he is a doctor, go get a check up from him!! <~~that was a joke! Trying to lighten the tension from a shitty situation.

Here's the facts I'm reading so far; you were the "stand on" vessel, and he was supposed to be the "give way" vessel. He failed to give way and hit you, he admitted to FFWCC that we had been drinking, and still chose to navigate at night afterwards.

(drinking and boating is a challenge in itself, and you throw in limited visibility being nighttime.)Even if the insurance company tries to leave you high and dry; that's when you contact Dr. Moneypants; and either have him replace your hull at the very least and pay for it to be re-rigged (more cost effective approach to get him to agree on)

If things go sour then you lawyer up, and go after him and not his insurance company. Would need a lawyer with tons of maritime law experience. That's my advice; and for the others that say not to talk about it on here, it is not like threats of premeditated action(s) have been said. So, don't see the point why its bad to get advice from other boaters.

Because like buying fishing tackle, you can't make the best informed decision without looking over all your options; and if others have ideas that weren't coming to mind, it's like a light bulb when someone; whoever it may be that offers that key bit of information that ends up helping you.


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## chicon monster (Mar 7, 2012)

even if he was drunk how the hell do you hit another boat.


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## kanaka (Oct 3, 2007)

Be prepared for him to weasel out of paying!!! Just because he's a Dr. doesn't mean he'll be a stand up dude making things right. 
Just CYA, good luck.


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## DTFuqua (Jan 30, 2012)

Starlifter hit on one thing that should have been the first thing you did. Go to the emergency room and complain about every little thing that may hay been jerked around during the accident. Even if you never need to go back will give you some leverage if they try to cheap out on you. Also, a lot of problems could surface a little while down the road and without any kind of checkup prior, they may be able to cast doubt on the problems being either caused or aggravated by the accident. I got rear ended back in 96 and didn't want to bother with the ER but had to go within a couple of weeks for my back. Just lucky everything was good except for only having $10,000 insurance on both his part and mine. $10,000 don't go very far with doctors doing all kinds of Xrays, MRIs and a lot of crackpot ideas like novacain in my back and TEMs units to shock you into thinking the shock hurt more than your back.


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## dockmaster (Sep 27, 2007)

What did you do YOU do to AVOID the collision...... for beginners...I'd read rules 4 (proper lookout), 7 (risk of collision) and 8 (action to avoid collision) of the Steering and Sailing Rules. 
A good lawyer on his side can turn the whole thing around enough to make your life miserable....... a lot will depend on the target angle from which you saw his lights and which light or lights and the colors you saw. His size boat you should have seen at a minimum 1 white mast light and either a red or green or both running lights. I'm thinking green from your description. The amount and colors will make it a crossing or overtaking situation.
Be interesting to hear the other guys side of the story!!
Glad everyone is ok. Guess the FWC will come up with something. Oh BTW...they read these forums from past experience if I remember correctly...............

good Luck

Billd


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## sparbo84 (Feb 8, 2012)

I don't know why people keep saying not to talk on here or they might read this all I'm doing is asking advice about how to handle this situation because its never happened to me before or anyone I know


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## dustyflair (Nov 11, 2011)

Go get a quote to get it fixed or get a quote for a new boat and give it to him certified mail. Yea and you should go see your doctor or the emergency room to document any injuries and record any lost wages or affection to wife.


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## K-Bill (May 14, 2009)

any word from the doc's insurance co. yet? been a few days now which should be enough time for them to get their ducks in a row and at least call you - IF he had reported a claim. do you know who he was insured with?

do you recall what he told the fwc? i know their report is probably is not done yet but just wondering if he told them the same story you did and owned up to his carelessness.


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## Emerald Ghost (Mar 11, 2008)

*check your pm's*

pm sent


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## TheRoguePirate (Nov 3, 2011)

Is this the Doctor who hit you?


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## Coastal Cowboy (Feb 12, 2012)

Rogue, that's wrong, hilarious, but wrong.


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## Hook (Oct 2, 2007)

This is basic rules of the road.:hammer:
This is why there is a safe boating course in Fla.


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## FishGolfDrink (Apr 19, 2011)

TheRoguePirate said:


> Is this the Doctor who hit you?


lol.. excellent


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## Island24 (May 12, 2008)

Dr. Mayhem


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## Gamefish27 (Nov 13, 2009)

show some pics of the boat


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## Starlifter (Feb 24, 2011)

http://m.thedestinlog.com/articles/island-10870-boat-killed.html

http://m.nwfdailynews.com/articles/accident-31181-officer-bui.html

Regardless of how crappy of a situation this is, your still alive. Does anyone else remember when that drunk hit that Alabama family near the Brooks Bridge in 2009, and killed the operator's father, mother, and aunt when he collided with them head on at a high rate of speed?


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