Com-Pac Yacht Owners Association

General Com-Pac and Sailing Related Discussions => Com-Pac Sailors Lounge => Topic started by: Bob P WHTMTS on December 01, 2007, 12:04:16 AM

Title: Dismasted !!
Post by: Bob P WHTMTS on December 01, 2007, 12:04:16 AM
I'm moving this to a new thread.  It started on the "I don't like how this is going...."  So there are photos and discussion there also.  But I felt it was lost in another discussion so here it is out front.  Its been 4 months since I was dismasted.  My ComPac 23 is now repaired after spending $7K.  All attempts to talk with the sailing company whose 70' ship collided with me have been unsuccessful.  I have now involved my congressional Representative to gather information from the other party using the Freedom of Information Act.  I'm brewing some ideas that if by sailing season nothing has been settled I will put into motion.  I'm looking for ideas, help, discussion. THIS COULD HAPPEN TO YOU!!
Bob P WHTMTS, NH
Title: Re: Dismasted !!
Post by: Lost Lake on December 01, 2007, 08:41:44 PM
Find their insurance company and send them a bill. Once you get the insurer on notice, things happen pretty quickly.
Title: Re: Dismasted !!
Post by: Rick Klages on December 01, 2007, 11:47:20 PM
Get a lawyer yet?
Title: Re: Dismasted !!
Post by: Rick Klages on December 02, 2007, 11:20:24 AM
Good!  Stick with it.

ick
Title: Re: Dismasted !!
Post by: Bob23 on December 05, 2007, 07:18:08 PM
Bob:
   Did the Coast Guard ever issue an official report or are they dragging thier feet too? Sorry to hear about your 23; I also am a 23 owner and we love 'em. Advice? Don't give up. If you feel you were in the right, getting a cg report may make all the difference in the world.
   I have no experience  with marine accidents such as yours, but unfortunately the justice system is not very just...or fast. It seems that in court the only ones to win are the lawyers.
   Bob23
Title: Re: Dismasted !!
Post by: fafnir on December 10, 2007, 10:36:17 AM
You could always settle out of court,  late at night with snorkling gear and a cordless drill or sawzall. :-)
Title: Re: Dismasted !!
Post by: curtisv on December 10, 2007, 10:42:19 PM
Bob,

If you have a lawyer helping you then ask about filing a Freedom of Information Act request.  If you don't have a lawyer than consider writing a short simple letter stating that you are requestion all paperwork filed by the coast guardsmen on duty related to  the accident that was filed within 48 hours of the accident and expect that those documents will be delivered in conformance with the Freedom of Information Act.  They then have 10 days to honor your request.  The act has teeth so expect to get what you asked for.  The 48 hours is a limit for filing an accident report.

If you'd like I'll ask my lawyer (sister) about a boilerplate FOI request.

Curtis
Title: Re: Dismasted !!
Post by: Bob23 on December 26, 2007, 03:31:52 AM
Bob-
   Check out the recent issue of Good Old Boat. There is an interesting article on collisions, avoidance and "the Big Boat Rule". Although it may not help with your present situation (which hopefully has improved), the info is great and should be filed away.
   Perhaps a call to the editor of that magazine might be helpful?
   Best, Bob23
Title: Re: Dismasted !!
Post by: Bob23 on December 27, 2007, 04:33:28 PM
Bob:
   Sorry to hear the CG decided against your favor. I haven't read the entire account of the accident, although I should. What I'd like to propose is this:
  If any of the other Com-pac-tors reading this would like to contribute financially to help you recoup some of the 7K, I'd like to be the first. Let me know via this thread. Meanwhile, keep the sticks pointing up, my friend! Summer's coming!!
   Bob23 on the hard and in the middle of winter upgrades.