Claiming from hire company for damage

[bramley]

no idea on the posts to date but I managed to get some things for the damage a Wyvern shipping boat caused me in 2005.

 

Not money I know but there boat gave me a good wack and he sorted me the materials which was better than nothing i guess

[Ex- Member]

 

I suspect you are wrong on this occasion also.

 

Where I think you are definitely in the wrong is in your rudeness to 'tommytelford'.

 

Rudeness? LOL

From experience, most hire companies will only require such a deposit in the event of 'same sex' bookings such as hen/stag parties etc...something about increased likelihood of alcohol fuelled shenanigans..??

 

INCORRECT

 

From experience LOLOL

 

You should easily be able to produce a list of hire boat company's that doesn't require and insurance deposit or not require any form of waver then?

 

Quite

 

To Julynian:

 

I'm not in the insurance industry so, as I said earlier, I'm no expert. Because I'm no expert, I can't really post with any authority as I don't really know what I'm talking about.

 

You on the other hand appear to be posting with complete authority. From the tone and content of your posts,

I think you might be that dangerous specimen - the person who doesn't know that he doesn't know what he's talking about.

 

 

LOL, as you keep saying.

 

I've quite clearly stated I've taken legal advice on this issue. And clearly all you can come up is more gobbledegook LOL

Edited August 10, 2014 by Julynian

[craftycarper]

Rudeness? LOL

 

 

INCORRECT

 

From experience LOLOL

 

You should easily be able to produce a list of hire boat company's that doesn't require and insurance deposit or not require any form of waver then?

 

 

I've quite clearly stated I've taken legal advice on this issue. And clearly all you can come up is more gobbledegook LOL

. FairPlay to you I've been off for a couple of lovely days only to return to see your still here shouting down anyone that dares to disagree with you well sadly YOUR WRONG but everyone else is just bored of you

[tommytelford]

Hear Hear sorry should it be here here

Edited August 10, 2014 by tommytelford

[Southern Star]

. FairPlay to you I've been off for a couple of lovely days only to return to see your still here shouting down anyone that dares to disagree with you well sadly YOUR WRONG but everyone else is just bored of you

I gave you a green arrow, I've only been a member of this forum for a year but that is more than enough time to learn whose advice is worth listening to and whose isn't.

[Guest]

I gave you a green arrow, I've only been a member of this forum for a year but that is more than enough time to learn whose advice is worth listening to and whose isn't.

 

Bless.......

 

I have been on here a bit longer and have learnt which members who come on as relative newbies and think they know it all......

[craftycarper]

Bless.......

I have been on here a bit longer and have learnt which members who come on as relative newbies and think they know it all......

. And which ones in there own minds do actually know it all

[Guest]

. And which ones in there own minds do actually know it all

I have run that through Google translate a couple of times but it still doesn't make sense....

[Ex- Member]

. FairPlay to you I've been off for a couple of lovely days only to return to see your still here shouting down anyone that dares to disagree with you well sadly YOUR WRONG but everyone else is just bored of you

 

Well then, If I'm wrong why not try to back this up with some tangible evidence rather than just gobbing off.

Edited August 10, 2014 by Julynian

[Sarsons]

Why is everyone obsessed with claiming from a hire company? What do people do who are hit by privately owned or shared ownership boats? It seems to me that people assume that if they are in collision with a hire boat then a) the hire boat is automatically to blame and a claim must be made. What happens when a hire boat is hit by a private boat and the private boat is at fault?

[craftycarper]

Well then, If I'm wrong why not try to back this up with some tangible evidence rather than just gobbing off.

 

. Because I,m not actually in court so don't really need to produce any evidence plus as I enjoy fishing a lot I find your self and the other self righteous brigade just a little to easy to get nibbling and new the words "your wrong "would get you straight back on your high horse, sadly it's worked ,now you could always change tack and just attack my poor grammar like Martin if that makes you feel a little more superior works for some ,anyway I,m here all week

[Ex- Member]

Why is everyone obsessed with claiming from a hire company? What do people do who are hit by privately owned or shared ownership boats? It seems to me that people assume that if they are in collision with a hire boat then a) the hire boat is automatically to blame and a claim must be made. What happens when a hire boat is hit by a private boat and the private boat is at fault?

 

Why is everyone obsessed with claiming from a hire company

 

 

Who's obcessed, surely if you boat is hit and damaged by a hire boat, you would want to claim from them.

 

What do people do who are hit by privately owned or shared ownership boats

 

 

Claim of the owners of the boat who should be insured.

 

It seems to me that people assume that if they are in collision with a hire boat then a) the hire boat is automatically to blame and

 

 

I don't see anywhere where that assumption has been made.

 

What happens when a hire boat is hit by a private boat and the private boat is at fault?

 

 

Then the hire boat can claim from the owner of the private boat who must be insured.

[pearley]

I'm sorry Sarsons but it this case the hire boater was completely at fault.

 

He rounded a left hand bend on completely the wrong side. I've since come back down the river so approached the bend from the other way. If the steerer, of an all male crew, had been looking across the bend he would have seen me coming the other way, as I saw him. Of course, looking across the land all I could see was the roof of a boat and the upper bodies of people but I assumed they were on the right side of the river.

 

I'm not obsessed. I've been struck before but never by a private boat. If it had been a private boat and it caused damage I would be equally pissed off.

 

Tomorrow I see the manager at AW Oxford. I'll report back on here on the outcome and my thoughts on all the posts subsequent to my original.

Edited August 10, 2014 by pearley

[Ex- Member]

. Because I,m not actually in court so don't really need to produce any evidence plus as I enjoy fishing a lot I find your self and the other self righteous brigade just a little to easy to get nibbling and new the words "your wrong "would get you straight back on your high horse, sadly it's worked ,now you could always change tack and just attack my poor grammar like Martin if that makes you feel a little more superior works for some ,anyway I,m here all week

 

More twaddle, if you wish to accuse people of being wrong, then why not back it up with some evidence. Of course you can't, so gobbing off is about all you seem to manage.

 

Clearly says more about you me thinks

[Southern Star]

Why is everyone obsessed with claiming from a hire company?

Claiming compensation just seems to be the way of the world now, one forum member was even boasting recently about how he managed to claim £50 compensation from the Nationwide Building Society because their online banking system was closed for maintenance on a Sunday.

[Guest]

Claiming compensation just seems to be the way of the world now, one forum member was even boasting recently about how he managed to claim £50 compensation from the Nationwide Building Society because their online banking system was closed for maintenance on a Sunday.

Dear me....... What a example. .of how utterly stupid of some of our newer members are......and BTW you are also factually incorrect, I didn't make the complaint because they were simply closed for maintenance on a Sunday.

 

 

For the record though it bought a car seat and safety gate for the new granddaughter....

Edited August 11, 2014 by The Dog House

[Rich]

Claiming compensation just seems to be the way of the world now, one forum member was even boasting recently about how he managed to claim £50 compensation from the Nationwide Building Society because their online banking system was closed for maintenance on a Sunday.

Ooops.

Dear me....... What a example. .of how utterly stupid of some of our newer members are......

You do have an outstanding command of the English language and an eloquent way of expressing your thoughts.

[RichardH]

Why is everyone obsessed with claiming from a hire company?

In reality hire companies are relatively easy to mount a challenge against - they know that some guests make mistakes and with their company name on the side of the boat it is difficult to deny that the boat was there.

[Guest]

You do have an outstanding command of the English language and an eloquent way of expressing your thoughts.

I know....but thanks anyway.......

[Graham Davis]

I'm sorry Sarsons but it this case the hire boater was completely at fault.

 

He rounded a left hand bend on completely the wrong side. I've since come back down the river so approached the bend from the other way. If the steerer, of an all male crew, had been looking across the bend he would have seen me coming the other way, as I saw him. Of course, looking across the land all I could see was the roof of a boat and the upper bodies of people but I assumed they were on the right side of the river.

 

I'm not obsessed. I've been struck before but never by a private boat. If it had been a private boat and it caused damage I would be equally pissed off.

 

Tomorrow I see the manager at AW Oxford. I'll report back on here on the outcome and my thoughts on all the posts subsequent to my original.

 

Can you clarify what you mean by "completely the wrong side"?

River or canal?

I presume it was right hand bend for him, so was he on the outside?

Edited August 10, 2014 by Graham Davis

[Southern Star]

 

 

For the record though it bought a car seat and safety gate for the new granddaughter....

Well, good for her. Hopefully she'll grow up learning to stand on her own two feet rather than sponging from others.

[Guest]

Well, good for her. Hopefully she'll grow up learning to stand on her own two feet rather than sponging from others.

I am sure she will do fine......

 

I have no idea what the rest of your post was about?....

[Ex- Member]

I have no idea what the rest of your post was about?....

 

 

Further strengthening the assertion in post 141 of how utterly stupid of some of our newer members are......

 

IMO of course

Edited August 10, 2014 by Julynian

[mango]

I'm sorry Sarsons but it this case the hire boater was completely at fault.

 

He rounded a left hand bend on completely the wrong side. I've since come back down the river so approached the bend from the other way. If the steerer, of an all male crew, had been looking across the bend he would have seen me coming the other way, as I saw him. Of course, looking across the land all I could see was the roof of a boat and the upper bodies of people but I assumed they were on the right side of the river.

 

I'm not obsessed. I've been struck before but never by a private boat. If it had been a private boat and it caused damage I would be equally pissed off.

 

Tomorrow I see the manager at AW Oxford. I'll report back on here on the outcome and my thoughts on all the posts subsequent to my original.

It is inevitable that the bow of a boat will be on the outside of a sharp bend, especially with longer boats on a narrow sections.

 

As with motoring, it is important to anticipate problems of this sort and be ready to take avoiding action, bearing in mind that novices may not be aware that they cannot slow down and steer at the same time. What has the sex of the group to do with the matter and why did you not anticipate a possible problem if you had seen the boat approaching?

 

Before complaining to AW, can you be sure that you were not partly to blame?

[mayalld]

 

More twaddle, if you wish to accuse people of being wrong, then why not back it up with some evidence. Of course you can't, so gobbing off is about all you seem to manage.

 

Clearly says more about you me thinks

 

What says volumes about you is that you seem not to be content to disagree on this issue.

 

Anybody who disagree with you needs to be virtually screamed at and called names for daring to dispute your rightness.

 

I will say it again.

 

In law, liability for a wrong lies with the person who did that wrong. End of Story.

 

So, if a hire boater negligently damages your boat, HE IS LIABLE.

 

It may well be (indeed it is near certain) that the hire boater has contracted with others to indemnify him should he be liable. However that is a matter between him and the person who indemnifies him. The third party is (as the expression says) not a party to that arrangement.

 

So, in the case where a hire boater causes damage, but where the Hire Company won't play ball, the injured party has no rights in law agaist the Hire Company.

 

He cannot take the hire company to court to force it to fulfil a contract that he wasn't a party to. His recourse must be to the person who did him wrong. The person who damaged his boat.

 

It is, of course then possible that the Hirer can sue the hire company for not fulfilling its obligation to indemnify him.

 

You say that you have taken legal advice. If so, may I suggest that you have taken it from somebody who is ill qualified to dispense such advice, becasue it is advice that I would expect a 1st year law student to get right, let alone a qualified solicitor or barrister.