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Claiming from hire company for damage


pearley
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This has now been resolved satisfactorily.

When the hirers returned their boat they reported the collision and confirmed that they were at fault. AW will be paying for the damage caused.

I was surprised that a simple question could engender so much heated debate but I would say the AW terms and conditions do state that the hire cost includes insurance cover for, amongst other things, third party liability. As others have said if the hirer damages the boat due to cilling then they, the hirer, bear the cost. AW do not take a damage deposit but they do charge a compulsory £50 collision damage waiver.

Despite the supposition in some posts, I never asked or thought about asking for compensation. I'm not even sure what I could be compensated for.

I admit I was disappointed with the slow response from AW Oxford base, whose telephone number doesn't appear on their website, but if their head office had told me that the Oxford manager was on holiday until last Friday I would have understood. As it was when Martin returned from his break he was very pleasant and helpful and, as I said at the beginning, all has been resolved.

That's a really good outcome (presuming the dosh is actually forthcoming!) and counters the belief that all hire operators are indifferent to any mayhem their hirers may cause. The thread has also been worthwhile in that it has revealed the true nature of a certain forum member.

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It is quite breathtaking that you seem to believe that sprinkling the odd infantile "LOL" gives you carte blanche to fling abuse around.

 

NOBODY has suggested that seeking compensation direct from the hire company won't work. As a matter of administrative convenience, it will usually suit them to deal direct, because doing so allows them to manage the issue.

 

However, the thread has been considering a "claim" in the legal sense. The question is "what happens if the hire company says go away".

 

In that case, the owner of the damaged boat cannot claim in court against the hire company, because they are not liable for the damage. The hirer is.

 

If you win against the hirer in court, then the hirer can take the hire company to court, for breach of contract.

 

It is quite breathtaking that you seem to believe that sprinkling the odd infantile "LOL" gives you carte blanche to fling abuse around.

 

 

It's quite breath taking that someone can't understand simple terms and conditions of a hire company. And completely disregards the fact, that there now 7 instances of boaters claiming, Correctly from the HIRE BOAT COMPANY in the event of a collision.

 

Wood for the trees.

 

NOBODY has suggested that seeking compensation direct from the hire company won't work.

 

 

Really, maybe you should read through the thread again.

 

However, the thread has been considering a "claim" in the legal sense. The question is "what happens if the hire company says go away".

 

 

Already answered, you really should pay attention laugh.png is that better?

 

In that case, the owner of the damaged boat cannot claim in court against the hire company, because they are not liable for the damage. The hirer is.

 

 

Again nonsense, you can claim against you believe is liable which the hire company clearly is. I'm stunned again you cant understand the terms and conditions. THE HIRER WILL INDEMNIFY THE COMPANY

 

If you win against the hirer in court, then the hirer can take the hire company to court, for breach of contract.

 

 

Only an idiot would take the hirer to court. His defense would be that his contract with regard to insurance was with the hire company, and fulfilled his/her liability by paying a deposit or waver, end of.

 

I note the latest claimant is claiming from the boat company and Anglo Welsh are paying for the damage caused. I now make that 7 claims against hire boat companies, and, well do I really need to keep repeating myself. LOL just for you.

 

Delighted to hear it. The term 'compensation' used here includes money paid to puts things back as they were before the incident, ie your repair costs. We weren't on about compo culture (at least, I wasn't!) and no criticism was intended of your actions or motivation.

 

 

Dave, you're a gent for taking your turn to explain the concept to Julynian. However, I suspect your words will fall on the same stony ground as did mine and Jerra's, to mention just two.

 

 

 

Probably as you're talking the same nonsense as others.

 

Well, another claim from a HIRE BOAT COMPANY who have agreed to settle, and you still don't get it wacko.png

Edited by Julynian
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Exactly - it is your liability but you have a contract with the insurance company to cover it. In the hirers position, they have a contract with the hiring company that the hiring company provide insurance cover; but the original liability is still with the steerer.

 

So the liability is passed on, thank you!

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Day four in the big brother house and still Ian is making a right arse of himself ,even with over six and a half thousand posts under his belt there are relative newbies with less than five hundred posts that are starting to look good ,is this the shape of things to come , have the forum hierarchy come to the end of there reign ,don't miss tomorrow,s instalment ,will the knob on Ian's head get so big he trips over? Will a relative newcomer be allowed an opinion ? And did the hire company just give over some wedge , don't miss tomorrow's final episode for all the answers

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Day four in the big brother house and still Ian is making a right arse of himself ,even with over six and a half thousand posts under his belt there are relative newbies with less than five hundred posts that are starting to look good ,is this the shape of things to come , have the forum hierarchy come to the end of there reign ,don't miss tomorrow,s instalment ,will the knob on Ian's head get so big he trips over? Will a relative newcomer be allowed an opinion ? And did the hire company just give over some wedge , don't miss tomorrow's final episode for all the answers

Who's Ian

 

More twaddle LOL

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Day four in the big brother house and still Ian is making a right arse of himself ,even with over six and a half thousand posts under his belt there are relative newbies with less than five hundred posts that are starting to look good ,is this the shape of things to come , have the forum hierarchy come to the end of there reign ,don't miss tomorrow,s instalment ,will the knob on Ian's head get so big he trips over? Will a relative newcomer be allowed an opinion ? And did the hire company just give over some wedge , don't miss tomorrow's final episode for all the answers

 

I must admit I do have a tendency to be put off by mis-spellings, punctuation errors and so on, but in your case I'll very gladly make an exception.

Thank you for a very witty, observant, imaginative and articulate post!

 

Think outside the box, probably an impossibility though laugh.png

Merny-mer, bet you can't guess...

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Think outside the box, probably an impossibility in your case though :lol:

 

Julyian you once gave me a right rollicking on here for persisting with something when a number of other members felt I was in the wrong.

 

In the end I decided that actually you all might have a point and gave up, I also got a warning from a mod. for persisting as they read it as I was deliberately winding folk up.

 

I honestly think you are doing exactly the same and should just quietly withdraw from this one. We have also met briefly as you will remember and I can't say I recognise the same person who I met in your posts in this thread.

 

Your call though.......

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Julyian you once gave me a right rollicking on here for persisting with something when a number of other members felt I was in the wrong.

 

In the end I decided that actually you all might have a point and gave up, I also got a warning from a mod. for persisting as they read it as I was deliberately winding folk up.

 

I honestly think you are doing exactly the same and should just quietly withdraw from this one. We have also met briefly as you will remember and I can't say I recognise the same person who I met in your posts in this thread.

 

Your call though.......

Perhaps Julynian is away on holiday, and in his absence some madman has hacked his CWDF account!

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Julyian you once gave me a right rollicking on here for persisting with something when a number of other members felt I was in the wrong.

In the end I decided that actually you all might have a point and gave up, I also got a warning from a mod. for persisting as they read it as I was deliberately winding folk up.

I honestly think you are doing exactly the same and should just quietly withdraw from this one. We have also met briefly as you will remember and I can't say I recognise the same person who I met in your posts in this thread.

Your call though.......

. Your also seeing the damage being done to the canal world ruling elite aren't you Martin think anyone with over 5000 posts has to be worried by July or Ian's crazy ramblings the day of the newbie is closer than you think Martin ,when one day someone with just one post will be listened to and not torn to shreds by your evil empire
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I'm a bit surprised if the hire company has paid for all the damage, assuming that the other boat was moving. In my experience with boats its usually easy to take action to minimise or even avoid impacts. The only time I've had a hard knock was when a boat hit the stern when I was moored up.

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. Your also seeing the damage being done to the canal world ruling elite aren't you Martin think anyone with over 5000 posts has to be worried by July or Ian's crazy ramblings the day of the newbie is closer than you think Martin ,when one day someone with just one post will be listened to and not torn to shreds by your evil empire

Well I have no idea what 'the evil Empire' comment is about, I think you are rather over egging things to be honest.

 

I just don't agree with his stance in this particular thread, nothing more, don't read anything more into my post other than that.

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It's quite breath taking that someone can't understand simple terms and conditions of a hire company. And completely disregards the fact, that there now 7 instances of boaters claiming, Correctly from the HIRE BOAT COMPANY in the event of a collision.

 

Wood for the trees.

 

 

Really, maybe you should read through the thread again.

 

 

Already answered, you really should pay attention laugh.png is that better?

 

 

Again nonsense, you can claim against you believe is liable which the hire company clearly is. I'm stunned again you cant understand the terms and conditions. THE HIRER WILL INDEMNIFY THE COMPANY

 

 

Only an idiot would take the hirer to court. His defense would be that his contract with regard to insurance was with the hire company, and fulfilled his/her liability by paying a deposit or waver, end of.

 

I note the latest claimant is claiming from the boat company and Anglo Welsh are paying for the damage caused. I now make that 7 claims against hire boat companies, and, well do I really need to keep repeating myself. LOL just for you.

 

Probably as you're talking the same nonsense as others.

 

Well, another claim from a HIRE BOAT COMPANY who have agreed to settle, and you still don't get it wacko.png

To put it simply you are confusing who pays the money with who is liable. I really don't understand why you can't see that. As I already pointed out if the insurance company found a get out in the small print the hirer would have to pay because they are liable.

 

Please try to separate who pays the bill from who is liable in law. It really isn't a difficult concept.

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Julyian you once gave me a right rollicking on here for persisting with something when a number of other members felt I was in the wrong.

 

In the end I decided that actually you all might have a point and gave up, I also got a warning from a mod. for persisting as they read it as I was deliberately winding folk up.

 

I honestly think you are doing exactly the same and should just quietly withdraw from this one. We have also met briefly as you will remember and I can't say I recognise the same person who I met in your posts in this thread.

 

Your call though.......

 

Hi Martain

 

I think I recall the thread, My annoyance was with regard to your antics with regard to misquoting another's post and what I considered demeaning to a specific female poster. My annoyance was not so much with the point you were trying to making which was an opinion you were perfectly entitled to view. I might not be correct with regard to the actual thread, but it's what I recall. I certainly didn't complain to any mod either.

 

With regard to this thread, I have maintained consistently that if your hit by a hire boat, your claim is against the hire company. People seem to believe different. However as I's already pointed out, not only have I taken legal advice on this issue having been hit by a hire boat ourselves which is documented on here somewhere. But clearly there are 6 other instances of other boaters claiming from the hire boat company.

 

In addition I have posted terms and conditions from hire boat companies that clearly state that the hirer indemnifies the Hire Boat Company in the event of any claim made against the company. We also have including the thread which I recall Starcoaster posted in 2013 7 instances of boats being hit by a hire boat the 3rd parties claiming against the hire boat company, that including today.

 

When the hirers returned their boat they reported the collision and confirmed that they were at fault.
AW will be paying for the damage caused.

 

 

 

Now being in business as I have been for 30 years + I can assure you that if I wasn't liable for something I certainly wouldn't be paying up as no responsible company would. Yet we see 7 instances of hire boat companies accepting liability and paying up according to members postings.

 

Now you and others can question what I have stated as much as you please, however no one has offered up anything credible to counteract my position other than nonsense and opinion. And there's 7 instances of claims from Hire boat companies, and terms & conditions of a hire company that clearly contradict any belief any claim is against the hirer.

 

Like as has happened to yourself previously Martin I suspect that people are jumping on band wagons as they do, and I freely admit that I did the same regarding some of your previous postings going back a year or so, and have mostly chosen to ignore you over the past year. Recently though IMO your what I considered your awful tone and manner back then have been much softened over the past several months, and even felt the need to back you up with regard to some of the really idiot posters on here, some new some older.

 

People can disagree with me as much as they wish, If they choose to not believe what I'm saying, then fine, but I will continue to defend the position I know to be correct. Been there done that!

 

I generally post on this forum to offer help and ideas/experiences to other boaters. I don't bull sh1te and I don't lie. If people don't believe my fine. But I would suggest though to take legal advise if hit by a hire boat, they do try to fob claimants off as attested by members postings and I have experienced the same myself, hence legal advice.

 

I have to say recently on this forum there have been some right idiots posting complete and utter crap and trying to rile long term members. Over the past 6 months or so this forum IMO has degraded enormously and many good and interesting members have sadly disappeared. The reason why is clearly obvious from reading postings this thread.

 

I will add though Martin I have more respect for you than most members currently on here, and have to agree you'r a much nicer bloke than sometimes comes over on this forum.

 

I do expect this comment to be thrown back in my face though biggrin.png

 

Anyway I'm off, to many Twonks LOL

To put it simply you are confusing who pays the money with who is liable. I really don't understand why you can't see that. As I already pointed out if the insurance company found a get out in the small print the hirer would have to pay because they are liable.

 

Please try to separate who pays the bill from who is liable in law. It really isn't a difficult concept.

 

The person liable pays. Look up the word liable or liability.

Edited by Julynian
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I'm a bit surprised if the hire company has paid for all the damage, assuming that the other boat was moving. In my experience with boats its usually easy to take action to minimise or even avoid impacts. The only time I've had a hard knock was when a boat hit the stern when I was moored up.

 

That's a good point. If both boats are moving, and there is no independent witness, fault is difficult to prove. If you add the fact that canals don't have comprehensive regulations, unlike roads. So fault is extremely difficult to establish. Boats sometimes hit each other, that's the way it is. Settlements by hire companies may very well be based on goodwill rather than a requirement that could be realistically enforced in law.

 

I talk from a certain amount of experience. My own hire boat was involved in a slight collision today, minor damage to another boat resulted. This was settled with a couple of bottles of wine.

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I'm also vaguely puzzled at how the damage came to exactly £100.

 

I'd have thought a minor collision like this would result in some scuffed blacking (£0) or a physical dent (Many £100s).

 

I'm not asking for an explanation, it's just a point that meandered through my furry brain back near the start of the thread but got lost in amazement at Julynian's subsequent behaviour.

 

MtB

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What an arrogant person you are Julynian, who the hell do you think you are?

 

There have been characters in history who had your attitude and by golly did they get their commupance

 

I am ready to be put right but I don't think you own this forum even though you seem to have set yourself up as the Grand Master, Members have made well meaning comments on this post and the best you can come up with is "where is your proof" , or "back it up"

 

I have been a member for 9 years which I believe is about 4 years longer than you and I have had a great amount of help from members and have joined in on discussions where I have had an opinion or think that I may be able to help, with some 30 years of boating experience behind me both inland and offshore .

 

I have found members both helpful and friendly with a bit of lighthearted banter thrown in here and there, I have met up with several members and have always found them to be generous in their help and hospitallity which I have always tried to reciprocate.

 

Your attitude goes against the general friendliness on this forum, please chill out and remember what boating is all about and accept that not everybody who contradicts your opinion is a fool.

 

Edit sorry I started sailing when I was 15 so it should be 54 years experience

Edited by tommytelford
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What an arrogant person you are Julynian, who the hell do you think you are?

 

There have been characters in history who had your attitude and by golly did they get their commupance

 

I am ready to be put right but I don't think you own this forum even though you seem to have set yourself up as the Grand Master, Members have made well meaning comments on this post and the best you can come up with is "where is your proof" , or "back it up"

 

I have been a member for 9 years which I believe is about 4 years longer than you and I have had a great amount of help from members and have joined in on discussions where I have had an opinion or think that I may be able to help, with some 30 years of boating experience behind me both inland and offshore .

 

I have found members both helpful and friendly with a bit of lighthearted banter thrown in here and there, I have met up with several members and have always found them to be generous in their help and hospitallity which I have always tried to reciprocate.

 

Your attitude goes against the general friendliness on this forum, please chill out and remember what boating is all about and accept that not everybody who contradicts your opinion is a fool.

_

Edited by Grace & Favour
Removed offensive language
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