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Boat flooded by twonk

denboy

By denboy
in General Boating

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denboy Experienced

denboy

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Ok folks what would you do if some twonk off the boat thats in the lock with. you after you`ve told them not to open the gate paddles in a deep double lock resulting in your boat getting flooded out ruining the new laminate floor you`ve just laid and to add insult to injury your insurance company informs you that the the boat that twonk was aboard is not insured,but they will pay for the damage and you wil have to pay the excess and lose your bonus for next years renewal

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alan_fincher Veteran II

alan_fincher

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Find twonk's boat and pump out the toilet tank onto his fore and aft decks... :lol:

Which if it's a modern boat will be self draining, and simply put it harmlessly into the canal....

 

Next suggestion!

 

Also, don't they have to be insured?

I don't understand the "not insured" bit.

 

You have not been damaged by another boat.

 

You have been flooded because someone opened paddles on your boat. I may be wrong, but I can't imagine if I flooded somebody's boat in this way whilst locking through with them, that my boat insurance would cover the loss - my boat would not have been involved.

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CanalWalker Rising Star

CanalWalker

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If I was helping someone park their car and as a result of my help they crashed, my car insurance wouldn't cover it. I would think a small claims court would be the best bet. It wasn't deliberate damage just stupidity. Maybe you could sue BW.

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Smelly Veteran

Smelly

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Don't BW disclose addresses in situations like this so's you CAN take them to court.

 

I think certainly a boat named and shamed might be in order as we'd like to avoid them too.

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denboy Experienced

denboy

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Which if it's a modern boat will be self draining, and simply put it harmlessly into the canal....

 

Next suggestion!

 

 

I don't understand the "not insured" bit.

 

You have not been damaged by another boat.

 

You have been flooded because someone opened paddles on your boat. I may be wrong, but I can't imagine if I flooded somebody's boat in this way whilst locking through with them, that my boat insurance would cover the loss - my boat would not have been involved.

firstly may i point out it was not my boat but my nieces ,

Twonk was crew on other boat and was told not to open gate paddles untill water level had risen to safe level when she went over the lock to open the other ground paddle twonk had opened the gate paddles full on which in weston lock is not the thing to do.after contacting ins comp to make a claim against twonks parents on the other boat she was informed by her ins comp that twonks parents boat was not insured which it should be to obtain a license

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Gibbo Veteran II

Gibbo

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If I was helping someone park their car and as a result of my help they crashed, my car insurance wouldn't cover it. I would think a small claims court would be the best bet. It wasn't deliberate damage just stupidity. Maybe you could sue BW.

 

That's an incrediby poor analogy.

 

If two cars were navigating through a twin width barrier and one car driver let the barrier down on the other car the insurance would cover it. It's a driving incident not a car and some completely independant pedestrian incident. Just as this is a boating incident.

 

Gibbo

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denboy Experienced

denboy

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That's an incrediby poor analogy.

 

If two cars were navigating through a twin width barrier and one car driver let the barrier down on the other car the insurance would cover it. It's a driving incident not a car and some completely independant pedestrian incident. Just as this is a boating incident.

 

Gibbo

 

or to put it another way if you parked next to me and your passenger opened the car door and dented mine it would be a claim against your ins

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alan_fincher Veteran II

alan_fincher

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firstly may i point out it was not my boat but my nieces ,

Twonk was crew on other boat and was told not to open gate paddles untill water level had risen to safe level when she went over the lock to open the other ground paddle twonk had opened the gate paddles full on which in weston lock is not the thing to do.after contacting ins comp to make a claim against twonks parents on the other boat she was informed by her ins comp that twonks parents boat was not insured which it should be to obtain a license

Denis,

 

I'm not disagreeing with any of that.

 

I'd be miffed if it were me, too.

 

However, I still struggle to believe that most of us have insurance policies on our boats that would cover losses like this.

 

Where do you draw the line ? If I were lock-wheeling ahead of my boat, and went to the next lock and flooded an approaching boat in a lock that my boat wasn't even near, would my insurers pay for me being a prat. I somehow doubt it.

 

Small claims might be worth trying, I agree.

 

But I do sympathise 100% - sorry if I sounded insensitive.

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denboy Experienced

denboy

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Denis,

 

I'm not disagreeing with any of that.

 

I'd be miffed if it were me, too.

 

However, I still struggle to believe that most of us have insurance policies on our boats that would cover losses like this.

 

Where do you draw the line ? If I were lock-wheeling ahead of my boat, and went to the next lock and flooded an approaching boat in a lock that my boat wasn't even near, would my insurers pay for me being a prat. I somehow doubt it.

 

Small claims might be worth trying, I agree.

 

But I do sympathise 100% - sorry if I sounded insensitive.

236.gif

Trust me if it were my boat they would not have got out the lock

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CanalWalker Rising Star

CanalWalker

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You would have to prove that the person who did the damage was linked to the boat and not just a passer by. The drink sailing laws cover the crew of the boat so it would be easier to show that people associated with the boat are responsible for it than saying a passenger of a car was linked to the insurance of the car driver. After all if a passenger gets out of a car and damages another car she isnt a passenger any more and is nothing to do with the car insurance. Someone getting off a boat and operating a lock for that boat would be seen as crew. Does the insurance cover the actions of the crew while away from the boat?

 

You would have to prove that the person did not operate the lock correctly. Given passengers/crew do not need any training or instruction and most locks do not have any instructions on them, it would be hard to prove it was the persons fault not the boaters fault or the locks/BWs fault.

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Guest User Rising Star

Guest User

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Have you managed to get some photos of the water damage ? Could be useful if you wish to pursue the matter as a small claim. Plus, if you could catch up with the other boat you might care to show them the photos and see if they have any remorse and offer to pay ... what is infuriating is that the person that suffers the damage is the one with all the hassle of sorting the repairs and seeking redress .. maddening !

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carlt Veteran II

carlt

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Take it on the chin and get on with your life.

 

I'm not sure what a "twonk" is (cuddly toy?) but I assume it is a child who would struggle to meet any sort of CCJ repayments.

 

Stupid people do stupid things.

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churchward Veteran II

churchward

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Take it on the chin and get on with your life.

 

I'm not sure what a "twonk" is (cuddly toy?) but I assume it is a child who would struggle to meet any sort of CCJ repayments.

 

Stupid people do stupid things.

Cuddly toy? Thats's a Gonk isn't it? Remember them?

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Night Hawk Proficient

Night Hawk

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Posted (edited)

Hmmmm...three options:

 

1) - Involve police and press for criminal damage, putting your life and those of your onboard crew in danger perhaps - that'll get your pound of flesh!

 

2) - As a previous poster suggested, make a county court claim - inexpensive and straightforward - collect paperwork from your nearest county court - the court will have to contact BW to obtain twonk's details to post summons - you may have some joy there!

 

3) - Intimidation - threaten said twonk's family that this will all happen unless damage is paid for - most parents opt for this one...I know I did when first board polished a neighbours car with sandpaper!

 

Good Luck!

Edited by Night Hawk
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