- Joined
- Jul 13, 2001
- RO Number
- 5318
- Messages
- 99
No need to go there CCnut - especially since you have zero ownership in this forum. You are a guest. Act like it.
The report is accurate. The date of the accident the child was 11 years of age and not permitted - by state law - to operate a motorized vessel of > 8hp (unless an adult was on board as well.)
If the report was NOT accurate, I believe beach would have it corrected - or at least it should be corrected. This is also the reason her insurance coverage didn't kick in because the child was not legally operating the vessel. That, is a named exclusion on most boat insurance policies.
If I'm wrong, then I'm wrong. But I don't believe I am in this case.
Beach, here are your options. The letter you received was a subrogation letter. This means that the insurance company has already paid out for the damages to the boat and wants to collect that sum back from you. You could ignore it and risk collections, leins, et al. You could fight it saying that the lad wasn't at fault because the rules of the road are the rules of the road (long shot). Or, you could just pay it. If you choose the first two, get yourself a maritime attorney - which can expensive. You will have to do your own Cost Benefit Analysis with that route.
I cannot tell you which option you should take. If I were in your shoes, I would just pay it because the other two options have risks association and those may put the total sum I pay out of pocket more. I don't have nor make a lot of money so I would have to take the best chance at paying out the least. I'm not you and I can't tell you which you should do. Only you can do that.
Good luck to you and I'm terribly pleased the lad is doing well.
Cheers.
The report is accurate. The date of the accident the child was 11 years of age and not permitted - by state law - to operate a motorized vessel of > 8hp (unless an adult was on board as well.)
If the report was NOT accurate, I believe beach would have it corrected - or at least it should be corrected. This is also the reason her insurance coverage didn't kick in because the child was not legally operating the vessel. That, is a named exclusion on most boat insurance policies.
If I'm wrong, then I'm wrong. But I don't believe I am in this case.
Beach, here are your options. The letter you received was a subrogation letter. This means that the insurance company has already paid out for the damages to the boat and wants to collect that sum back from you. You could ignore it and risk collections, leins, et al. You could fight it saying that the lad wasn't at fault because the rules of the road are the rules of the road (long shot). Or, you could just pay it. If you choose the first two, get yourself a maritime attorney - which can expensive. You will have to do your own Cost Benefit Analysis with that route.
I cannot tell you which option you should take. If I were in your shoes, I would just pay it because the other two options have risks association and those may put the total sum I pay out of pocket more. I don't have nor make a lot of money so I would have to take the best chance at paying out the least. I'm not you and I can't tell you which you should do. Only you can do that.
Good luck to you and I'm terribly pleased the lad is doing well.
Cheers.