Boating Accident

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.
 
"get off our forum"????? She has just as much right to post a question as you or any of us "anchored members", CCnut. You don't have to read her post or the responses if you feel like you're wasting your time here.
 
CCnut - that was uncalled for, out of line & you have no right to make that statement. A apology is in order.
 
Has anyone applied for copywright ownership to this thread? It would make a great serial in some magazine. I had not read any of it until this morning and even now have just skimmed.

G
 
Noone has to G, by the nature of registering here, BoaterEd technically owns the content, I think.
 
quote:
Originally posted by SteveG

Noone has to G, by the nature of registering here, BoaterEd technically owns the content, I think.

Click to expand...


Steve.

Under the Forum Guidelines, http://www.boatered.com/forum/guide.htm, states "All information, data, text or other materials ("Content") posted in Boatered's chat rooms, forums or bulletin boards (collectively, "Interactive Areas"), are the sole responsibility of the person from which such Content originated." and goes on to say "Boatered may use or reproduce such Content as it sees fit." which seems to say that BoaterEd is not accepting a release or transfer of the authors copyright of material submitted to the forums but reserves the right to reproduce it if they see fit. Normally this is fine and the originator is afforded credit for the contribution. You'll often see this in bulletin boards that publish newsletters or magazines.
 
Interesting. I always thought boards claimed ownership.
 
Might be worthy of a new thread on Intellectual Property Rights (copyright) on Internet Bulletin Boards. Probably a good example of how antiquated Copyright laws written for conventional print media haven't kept pace with the digital world. I do know of, but can't quote right now, instances where forum participants have been held accountable for their comments posted in public forums in copyright as well as slander and libel suits.
 
quote:
Originally posted by Maxwell Smart

Would somebody please explain to me where she was shoved in the mud? The story developed over a number of posts and only came fully to light as questions were asked. Okay, granted there are some skeptics who didn't believe a word of it, but I didn't see anybody being insulting.

Click to expand...


Come on now, how bad does it have to be…..besides all the skepticism, popcorn jokes etc, here are a few of the obnoxious quotes:

I think I'd like to sue you as well for letting an inexperienced kid out on the water...I'm thankful he/she didn't hit my boat or run over my swimming kids.

Hope I don't offend any RO's. This whole story smells like BS!

Beachchic"420"... nice .. put that fluffy green stuff down. Your first post made it seem like a young child just bumped into a neighbors boat. 10 post's later he was DOA?

Beach .. This is not rocket science.

Your apparent attitude about this is appalling

I think "story" is the correct word for BeachChick420's posts.

Let me do some math here. Accident happened 4 months ago + victim is DOA but revived, and you are just now searching for answers. Answers to a question involving an accident, human life, alchol. SUM= BS

This thing reads like a Dime Store novel.

Beachchick, Any chance you are a blond :}
 
I feel a case of bystander trauma coming on after reading this thread. Where's my lawyer's phone number (yes, I am kidding)
 
Jeff, she also got valid responses from various people in the know. Looking back over the thread I see where she got responses from RO's who I know to be attorneys, Coast Guardsmen, and insurance experts. Do you think any forum can have four pages of posts without a little sarcasm and skepticism?
 
This thing reads like a Dime Store novel.

This was my post and it still stands.
 
Maxwell, And you might note that the insurance experts and attorneys and CG men kept their comments fairly general. I'm sure that's, in part, because very little substantive info was forecoming. JS
 
Coming from someone with a bit of experience with boating accidents, some things just don't add up. I'm NOT saying that BeachChick is jerking us around nor making anything up, but some things just simply don't make sense to me. Maybe it's because I haven't heard a complete account of the incident, which I don't really think would be in her best interest to post here, based on what a (didn't know this about him) former personal injury attorney (nobody's perfect, I suppose the first step is admitting it) said here.
 
I think what she is saying is true, but remember, we're only getting her side of the story.
 
This sounds like a bar fight over a quarter. It makes no sense.
 
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