Accidental damage

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5 August 2009 at 16:44 #22437
Bob Abell 2
Participant
@bobabell2
Yesterday evening, on the club water, a nice quality boat was rammed and sunk!……………….By careless driving!……..the chap is famous for it!

The boat was retrieved eventually, with a boat hook, from the bottom of the murk!

Today, the victim appeared at the landing stage, the model now inoperative and was asking about what the club rules were concerning compensation?

As far as I know, we don`t have any rules!

If I had been the guilty party, I would have offered a generous figure to replace the ESC, Rc and the two servo, without hesitation..

The careless driver, I believe made no apology and offered nothing in way of compensation!

The question is………What would YOU do?

Bob
Advert

5 August 2009 at 16:44 #3389
Bob Abell 2
Participant
@bobabell2
5 August 2009 at 18:53 #22438
Paul Freshney
Participant
@paulfreshney24971
Tricky one, Bob.

Were their reputable witnesses to this unfortunate event?

If he is a member of the same club as the unfortunate whose model was severely damaged and if wasn’t an accident in the sense that the chap who rammed and sank the boat had done it before because of selfishness/stupidity, I would have thought somewhere within the club rules there would be something about being a ‘good club member/considerate etc. but not perhaps in those exact words.

If then the members as a whole feel that they don’t want the careless non-apologising member in their club then I should imagine there would be a mechanism for cancelling his membership – unless he made reasonable amends.

So in my club if that happened, it would be down to the committee to recommend a course of action and the members as a whole to back the committee if that occurred,

Accidents do happen, but if caused by selfishness (Fast Electric operating in the same vicinity as r/c scale for example) and the perpetuator has done it before and is not contrite, then he is really not a good, proper and desirable club member.

Clubs exist for the benefit of all members and rely on everyone getting along and ‘looking out’ for one another.

This is my personal view anyway.

Paul Freshney
5 August 2009 at 19:14 #22439
Bob Abell 2
Participant
@bobabell2
Thank you, Paul, for your views and comments

The guilty party was driving a crazy speedboat and he is also a committee member!

Something will get done by the committee, shortly no doubt.

Every club member has some sort of umbrella cover for third party claims, but to cover accidental damage could lead to bugus claims?

I remember, about 12 months ago, there was a picture in a boat magazine, of a model being retrieved from the depths and the caption mentioned that the victim was seeking recompence………………can you recall the result of this little fracas?

It is indeed a tricky one, the main problem being, that the boat sank! Suppose the model was not retrieved?………………..The victim says model cost him…… £800.00!

I suppose there should be a notice up, saying that members sail at their own risk?

Bob
5 August 2009 at 19:37 #22440
Paul T
Participant
@pault84577
I would hang him by his bo..ocks from the nearest tree.
5 August 2009 at 20:09 #22442
Colin Bishop
Moderator
@colinbishop34627
I have to agree with Paul. Normal insurance is third party only so the victim either needs to bring a case against the perpetrator or the Club should take action against the person responsible although that may not compensate the victim.

The decent thing to do would have been for the person responsible to accept responsibility and pay reasonable damages.

Maybe a bit pf “peer pressure” from club members might resolve the issue. But the person responsible should also be made aware that he needs to change his ways.

Colin
6 August 2009 at 06:46 #22444
Paul T
Participant
@pault84577
According to Bob the chap is a serial perpetrator of such “events” and is a member of the club committee, it sounds to me as though he regards the club and lake as his personal property and as such I doubt that peer pressure or appealing to his decency will work.

So I will stick with my solution, it might not get my boat back but it would prevent the same thing happening to other lake users………and give me a lot of satisfaction.

Paul (a supporter of “an eye for an eye” type of justice)
6 August 2009 at 07:22 #22445
ashley needham
Participant
@ashleyneedham69188
To offer no apology and no financial recompense (even though any sum would hardly make up for the effort and time spent on the creation of a model) is crassness beyond belief. Can the chap be banned from sailing on the water or is it available for anyone? I feel guilty if I splash another boat out on the pond let alone bump one. Ramming hard enough enough to sink a chaps P&J is a bit beyond carelessness.I take it the person involved is not on the young side either. The insurance thing is rightly tricky, and would probably start to raise premiums if any claims were made. Club rules as to what should happen may also be unenforceable , after all there may be genuine accidents, accidents caused by AVOIDING dangerous driving, weather…sufficient witnesses of the same opinion. A right minefield.

Ashley (string `em high > and I dont mean his neck….)
6 August 2009 at 09:16 #22446
Barry Foote
Participant
@barryfoote68385
If reason fails, the victim can report the matter tp the police,as a case of criminal damage. If as seems likely the perpetrator was reckless and as a result the damage occured then he is guilty of criminal damage. It does not have to be deliberate. The criminal courts can then deal with it.

Drastic, maybe, but this idiot needs to know just how serious his actions are and a little word in his ear explaining the consequences of a criminal conviction should do the job nicely..
6 August 2009 at 09:30 #22447
Bob Abell 2
Participant
@bobabell2
From one extreme to the other!……………….But you all make some sort of sense, however extreme!…………………….. but we`ll see what actually happens shortly!

Bob
7 August 2009 at 08:41 #22469
Bob Abell 2
Participant
@bobabell2
Hello Sailors!

Just been informed on the Grape Vine, that the Sinker has agreed to pay the Sinkee an undisclosed three figure sum!

Well, to me that clears up the matter!, so he won`t be going to Coventry afterall!

This will no doubt have a “knock-on effect”……………..It`s set a precedent for the next time!

Motto…………….Sail responsibly

Bob
7 August 2009 at 08:54 #22471
ashley needham
Participant
@ashleyneedham69188
A sensible outcome. Ashley
7 August 2009 at 12:42 #22473
Barry Foote
Participant
@barryfoote68385
Glad that common sense prevailed…
7 August 2009 at 17:24 #22477
Paul T
Participant
@pault84577
A three figure sum…..£1.99?

No doubt the club fees will go up next year.
18 August 2009 at 01:33 #22707
Andy Hustler
Participant
@andyhustler32076
ok fair enough but what if some PLONKER in a row boat,as we have at roath park in cardiff both plonkers and row boats !!!!,goes over your pride and joy what then.???Besides assisting the responsible person by the throat,or part there by sticking out,to encourage them to go back in the water and look for your pride and joy.Now in this scenario you are not a member of any club what cn you do ??Sue the individual,the council or both???
18 August 2009 at 07:19 #22710
Paul T
Participant
@pault84577
Andy

The owner of the rowboat should carry 3rd party insurance…..so I would chase them.

Paul
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