Damage from Ship Wake
 

Has anyone here ever had to file a claim for damage caused by a ships wake? Looking for info on how to go about it.

believe you have to file a report with the coast guard

Contact an attorney, your gonna need one to collect from a foreign flagged vessel. Those baskrids pizz me off when they don't slow down. How bad is your boat damaged??

talk to the cameron pilot house, they're supposed to be driving.

good luck filing a claim with USCG, only saving grace may be that it happened inland.

I just about lost my motor and transom due to a 12ft+ drop from ground swell behind a ship after dark today. How my friend and I stayed in the boat is beyond me. I will post pics tomorrow.

This is gonna be interesting.
File a claim with the insurance company and let them get their money back from the pilots and the shipping company.
Did you get the name of the ship?

Actually the pilot just gives direction to the ships captain and doesn't touch the controls.


Warren

But he dictates the speeds.

Marsh Boy's father in law is a captain on the Pilot boats.
He can get you more info.

True.

I did not get the name of the ship. It was dark and everything was fine when we passed, it was the ground swell behind him that got us. He was fully loaded and moving on. Lucky for me I was going slow with the nose up or I would have tanked it. I can not count how many ships I have passed but never have I seen swells so big behind one.

I was with dink and mauntak17 running by the jettys. This crew boat hammered down on the throttle. Well let's just say we all needed s change of underpants.

There are not that many ships that go in and out.
You can find out the name if you remember the time and date.

The Captain of the Port, LC -USCG, has a log of all arrivals and departures. I can tell you they will take a report and offer assistance in providing information, but I doubt you have any success collecting from a ship owner. The ship is in transit, in a commercial shipping lane, and your vessel was not moored. Their argument would be you have to give right of way to the larger, less manuerving (sp?) vessel. Think of it this way - no contact was made, the ship captain did not go out of an approved travel lane of a vessel of his size, and their is no speed limits on a ship in the channel. Sucks, but that's the nuts & bolts of it. Turn your damage over to your insurance agent and let them deal with it, don't waste your time or mental health worrying about it. You and your crew are safe, count your blessings and chalk it up to a learning experieince.

This......It is a Ship Channel, designed for Shipping Lanes straight from Gulf to Port. Ships have Right of Way and it doesn't sound like he was breaking any rules of the road.

I'm already a bubble off and I have plenty of time and money so I think I will see this through.

:cheers:Well, good luck.......and let me know how that turns out for you!

Go get em.

How bad did it mess up ur boat?

A boat is responsible for any damages it causes.
That is one of the rules of the road.
It is in US waters, those are inland rules in the US.

The MAN is on my side and my boat damage is being paid. Thank you, come again.

Verifed!!!
 

true(er) words never spoken!

Do tell...
 

tell us more my man...

PICS?

Do me a favor, post the details of how you got paid and let us know the details!

Hey Evis, i give estimates to replace stolen and damaged fishing gear all the time. If your ins. company needs a written estimate with total damage replacement costs, I'd be happy to help. just shoot me a pm and we'll get it goin for ya.

Chris is going to hook me up. I plan to take it to his place in Texas for full inspection and repair. I will post pics soon. After talking to Chris about how they build there boat I do not think it is as bad as I thought. I think that the boats ability to flex under pressure made a big difference in damage done vs a boat with no flex (composite).

Good luck but working in the ship industry the ship has the right of way being where he was. Also, did you have a vhf? Did you try and hail him?

So if your in a canoe and run by you, flip your canoe and you die. It's your fault? LDWF agrees with me, the investigation is under way. The ship will be citied and will be responsible for my damage. The ship did have the right of way but did not have the right to be reckless in it's operation. That is the law.

Like I said in an early post he was in a commercial shipping lane, so how was he "reckless". Look man, I wish you the best of luck and hope you get paid for any damages. But please don't take this the wrong way, just trying to elminate any undo stress to you. When you get your check from the ship company post on here for us to see how it's done. I have dealt with these things before, and short of getting the US Federal Marshal's to board w/ a court order and seize the vessel, you can't make them pay crap.

You can. If he is in US waters, he has to obey US law.
If not, that ship cannot come back into US waters. They may not be able to seize a
boat if it is not in US waters, but if it comes back, they can.
No shipping company, nor the Pilot Association wants to fight a court battle for a few
thousand dollars of damage.
He has the right of way, but he is still responsible for any damage he causes.
He cannot run at speeds that will cause damage, unless he is in danger.
Every boat is responsible for any damage they cause. No matter if it is not US flagged.

Yes Ray, that is what i meant, I have been on several seizures of foreign vessels - WHEN THEY RETURNED TO THE U.S.!!! One had a judgement from 15 years prior to returning, and it was in and out of the US multiple times before it was finally boarded and seized pending payment for the court order.

And he is responsible for his damages, to a "moored vessel" or "permanent structure". In this case, the larger vessel has the right of way to proceed down the ship channel in the course of commerce.

Look, I'm not here to cause any grief. I just wanted the guy to know that in his particular case, it may not be what it seems - to him. He has responsibilty to control his vessel as well, which from his report was not moored, which means he needs to steer a course/heading to avoid the larger vessel - and it's wake!

But like I said, let me know how that works out for you!!!!!

The damage to a fishing boat is pennies to those shipping companies.
If a lawyer would get involved, they will pay quick, fast and in a hurry.

Vessels approaching or passing another vessel shall be operated in such manner and at such a rate of speed as will not create a hazardous wash or wake.

Operator shall maintain a proper lookout. The lookout should have seen and reported the fishing boat, and the pilot recommend the ship to a slower speed to prevent a big wake.

What "vessels" are required to comply with the Navigation Rules? In Rule 3 the word vessel includes every description of watercraft, including non-displacement craft, WIG craft, and seaplanes, used or capable of being used as a means of transportation on water.

Courts have interpreted transportation to not just include passengers, but also goods or services. The Navigation Rules address vessels, not whom/what is controlling them.

Regarding one's wake, vessels over 1600 Gross Tons are specifically required by Title 33 CFR 164.11 to set the vessel's speed with consideration for...the damage that might be caused by the vessel's wake. Further, there may be State or local laws which specifically address "wake" for the waters in question.

While vessels under 1600 GT are not specifically required to manage their speed in regards to wake, they are still required to operate in a prudent matter which does not endanger life, limb, or property. Nor do the Navigation Rules exonerate any vessel from the consequences of neglect (Rule 2), which, among other things, could be unsafe speeds (Rule 6), improper lookout (Rule 5), or completely ignoring your responsibilities as prescribed by the Navigation Rules.

As to whether or not a particular vessel is responsible for the damage it creates is a question of law and fact that is best left to the Courts. For more information, contact your local Marine Patrol or State Boating Law Administrator.

Title 33 CFR part 173 provides guidance in regards to accident reporting. For most States the issuing and reporting authority is the State itself - if in doubt contact your local Coast Guard Marine Safety Office.

There is a long standing notion of Tort Law--that one is responsible for one's damages--the issue however is culpability and to what degree. These are matters of fact and law.