Boat accident lessons...

John Robinson

Well-known member
I had a pretty serious duck hunting related, boating accident about six weeks ago. I didn't post about it until now because it didn't seem wise to post on an internet site when there may be possible legal and insurance issues. Those issues are still there and probably won't be fully resolved for many months, so I beg your patience, as I won't post details or the whole story until I am comfortable with that. Basically I hit a solid object with my buddies Snow Goose which I borrowed for a days hunt, at a high enough speed to put my other buddy in the hospital for five days. It was very-very scary at the time, I thought my buddy was dying in my arms. I had a minor face cut, I'll have a scar to remind me of that day.

The reason I'm posting a bit right now is that I wanted to bring up the topic of boating liability insurance. I don't know about you guys, but my buddy never even thought about insuring his boat. He and I, and I assume a lot of you, are so used to launching the boat, and heading out into darkness and bad weather, heading for out of the way hunting spots that you know like the back of your hand. And if you're like us you don't even consider it dangererous. You read about other guys, in other places getting stranded, or swamping their boat in fowl weather, going through thin ice, or whatever, and think what dumb----s, I'm too smart for that. The idea of getting insurance for my boat hadn't occurred to me, even though I have spent the better part of two years building it, with another couple months to go.

Here's the deal, if you have an accident in your uninsured boat, you may or may not be covered by your home owner's policy. Some will cover for a borrowed boat but not a rented boat, some have stipulations on max HP, 25hp for example, there are probably a lot of exclusions related to watercraft. My buddies medical bills, and he is fine now, Thank GOD, are going to be substantial, and this is assuming he won't sue me for pain and suffering. The first thing his lawyer and every interested party asked was "is the boat insured by it's owner"? Neil, who owns the Snow Goose keeps his boat in tip top, USCG legal condition, he knows me to be an expert waterman, and trust me completely. This could all come back to him as the owner of the boat. That is totally unfair, but our legal system isn't based on fairness. Right now I think everything is going to work out ok, but I have been loosing a lot of sleep over it. My hunting season pretty much ended at 5:50am that early November morning.

Like I said I'll post complete details of what happened some time in the future. I just wanted to bring up that insurance issue, and remind everybody that what we do is inherently dangerous. Accidents can happen, make sure you aren't also putting your wife and family at undue financial risk on top of the inherent risk to your life and linb.
John
 
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John - Thanks for this post. It reminds me that, although I carry an umbrella policy and do list the 12 foot Barnegate on my homeowners policy, I need to ask some questions and fully understand what conditions may exist in these policies. I'm glad to hear that your buddy will be OK - in the final review health is one thing we can't buy.

Having had a close call last winter out alone by myself over deep cold water I am also reminded that when things go wrong - there is no time and they happen too fast. I find myself operating at lower RPMS now and realize it is not that important to rush - especially in darkness.

Also sounds as if you have handled everything very responsibly in an emergency and hopefully things can be resolved without anyone being hammered financially.

sarge
 
Sorry about the accident John. Good to hear that everyone is okay. I was told by Geico that my boat is covered under my auto ins. during transport but never really considered damage suffered on the water. Thanks for bringing things into the light. Good luck...............Kevin
 
Sarge,
What I discovered, actually knew this but hadn't thought about it since we first insured our house, is that the only legal document that matters is that little, tissue paper thin, booklet that describes your coverage. Also there may have been some ammendments that would have been sent to you in the mail. Reading the fine print of that book is not very difficult, and it's all spelled out right there. Meeting with your innsurance agent and putting all your cards on the table as in what you do, and if you have or use a buddies boat would probably be a good idea before an accident occurs.

Thanks for your well wishes.
John
 
Sorry about your accident, hope it all works out in the end.

I have had all my boats insured since I bought the first one in 1994, every thing from my 20' offshore boat to the 14 jon boat.
Boat insurance policies are relatively cheap, my policy is about $150/year on my jon boat. Back when I had the 20' offshore boat, it wasnt much more and actually paid for itself when I struck an unmark submerged obstruction in a marked channel.
If you dont have your boats insured, get them insured. It only takes on accident like the one John describes to make it worthwhile.
 
John,

Sorry to hear about that, it can happen to anyone at any time. Thanks for posting about it, if it gets anyone to think it is worth it. In your situation, I'm guessing you didn't say, "lets ram that thing!" It was either unseen or there was a slight error in judgement. I've done both many times, neither to such bad result, anyone who isn't a little nervous about the unforseen things that happen out there worries me a lot. There hasn't been a lot of discussion here on insurance lately - I've had it from day one and can't fathom not having it.

I know you thought I treated you with a badly the other day about your navigation lights, but that sort of thing is what scares me for everyone building a boat. Get in a fatal accident with a boat that is not to USCG specs and your life can be ruined in the courts if you are the one that survives. Like the navigation light example, any accident related to visibility puts you on the hook if you boat is out of USCG specs. I see it all the time here, "I live in Iowa I don't expect that I'll have the USCG looking over my boat" - get in a fatal collision in low light or nighttime conditions and you can bet that your boat will be inspected by someone - the standard they will use is USCG. Get in a court of law after that fatality and you better hope that your vessel is in compliance. The same thing with wiring and safety equiptment and for me I extend that line of thinking to the ethics of choosing building materials. Build a boat out of substandard materials and have an accident - that is a bad time for "geeze, I guess this birch plywood isn't the cats pajamas, like I read about on the 'net".

Sorry to hear about your troubles, that is someting I think of every time I get behind the wheel of a car or a tiller of a boat. I'm headed out tomorrow morning to some less than perfect conditions and I'll have your story in the back of my head.

T
 
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I know a lot of boats are covered under the car policy while on the road and supposedly by home owners the rest of the time but from what I surmise is..it's for theft...not sure if it's for liability and not so sure it doesn't also have to be listed as a rider to your home owners..mine is. John, I sure hope all works out for all involved and your bud heals.
 
Thanks for posting that up John. Glad to hear that you're alright and I hope you buddy heals up ok. Good luck in your situation.
 
Thanks Todd,
Actually I didn't think you treated me badly, I just thought at the time that you were being rather anal, and wern't understanding rural Montana's law enforcement lack of interest or understanding of marine law. Your last post coupled with my recent experience puts things in a different light and I'm going to make sure my running lights comply with USCG standards.

I spent almost 20 years as a USCG licensed Captain driving boats from a 33' sail boat to a 950 ton, 205' offshore cruise boat, with many trans pacific passages and two from the east coast to Hawaii through the Panama Canal. I have forgoten a lot but USCG lighting laws are pretty well etched in my brain, especially an offshore, self propelled suction dredge, over 65 meters, underway at night but not making way. I remember that was a tough one.

Anyway, thanks for the input and you are correct, in case of an accident and a liability situation, you better have every duck in a row, so to speak.

John
 
John,
I'm glad everyone is mending well and thanks for the heads up. I want to talk to my agent about what and who is covered with my boat. Since 1980 I've been carrying liability and underwater obstruction riders on my boat ins. Like Carl said the premiums aren't all that high, and I've replaced a couple of lower units with the coverage. It would be good to update the policy.

George
 
A good post John. Hope every thing comes out all right. My insurance agent a few months ago brought me up to date. Before that hadn't thought about it very much, probably like most people.
 
first glad your all still here to tell the tale for shore,and its a good point on insurance even tho folks dont sue ya up here there just accidents ,but there is always a first isnt there,im waiting for the whole story like everyone else,,,

accidents and close calls are the best ways for to learn what not to do and what to do ,so when an seasoned waterfowler is telling ya the story pay attention it could save your life...

glad everyone is on the mend

shermie
 
High John,
Sorry about your accident.
Am truly glad no one was killed.

About insurance, If you have EMC insurance on anything get rid of it right now. I had it on my boat and house and found out the hard way that they will spend more money denying a claim that making good on their promises. Also their reps are arrogant and will talk down to you. I am now with Progressive and much happier.

If you have been boating long enough you have hit something or had a bottom strike at speed and if you and/or the boat weren't hurt you were indeed lucky. My worst accident so far was at a boat ramp when I slipped and fell on my back on the trailer coupler and broke two ribs. that hurt so bad I lay in the water on the ramp for ten minute or so until the pain abated enough to stand up.

Hope things go your way and Merry Christmas,

Harry
 
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even tho folks dont sue ya up here there just accidents

Actually it is the insurance companies that do the suing. For example, I come to visit you and fall on my face as I am getting out of my truck. I end up injured and have a huge medical bill which my medical insurance pays. Now keep in mind that you did nothing to contribute to this accident. You can bet your bottom dollar that my insurance company is going to be looking to recover their money from someone. What you end up with, is a suit in court where I am suing you. Doesn't mean that I personally feel you are at fault and I want to sue you, all it means is that my insurance company is suing you. They just want their money back and they don't really care who has to pay as long as it is not them.
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I have my boats insured through Charter Lakes. My 27ft. Sport Craft with 300k liability coverage and $7900.00 on the boat it's self is only $325.00 per year. I think it's worth the piece of mind. You insure everything else that is worth anything why not your boat. Sincerely, Tom.
 
John,

Thanks for posting the reminder. I hope everything works out well for you and your buddy.

Ten years ago I was in a serious boating accident with a buddy who was recovering from back surgery. It was the first day out in a boat that I had restored. Some guy in a big bass boat going full throttle hit us while we were fishing. My buddy shouted "look out" and pointed back behind me. I looked over my shoulder, saw the boat coming, and had just enough time to dive on the deck as the boat hit us, launched over the top, flew in the air twenty yards or so, and kept going down the river. He hit the aft starboard side, knocked a big hole in the boat and totalled the outboard. Took out the pedestal seat I'd been sitting on. I was fortunate to be alive and to have insurance. Even though it wasn't my fault, the police never found the guy who hit us. My insurance replaced the boat, and covered PT for my buddy.

Sometimes when you are in a boat, just sitting in the water minding your own business can be dangerous.

Rick
 
i was on the receiving end of one of these accidents last january. guy was doing 38mph (his admission) in the texas bay off of rockport . stuck the boat in 6" of water/sand. threw 4 guys out. i was facing forward in front of the console. my uncle and his friend were facing backwards and were thrown head over heels backwards. Scariest @#%^ i've ever been through. I don't know how we all lived. the boat owner's (guide) insurance gave 10k per accident. divided by 4 in this case. I ended up with 4 stiches in my shin from hitting the bow straight-on the sheer pressure of it split my skin across my bone...weird stuff. i grew up waterskiing every summer, canoeing, kayaking etc. I'm now ruined when it comes to boats moving fast at all. make sure you guys are safe... trust me.. it sucks to go through something like that.

jeff
 
For those of you who have wooden boats and can't get them insured at the normal places... I had mine insured with "Heritage Marine Insurance" as they were the only option available.

Here is their link:

http://www.heritagemarineinsurance.com/
 
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