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Accidental damage

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Bob Abell05/08/2009 16:44:32
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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
Paul Freshney05/08/2009 18:53:17
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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 
Bob Abell05/08/2009 19:14:19
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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
Paul T05/08/2009 19:37:19
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I would hang him by his bo..ocks from the nearest tree.
Colin Bishop05/08/2009 20:09:05
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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
Paul T06/08/2009 06:46:43
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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)

ashley needham06/08/2009 07:22:28
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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....)
Barry Foote06/08/2009 09:16:39
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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..
Bob Abell06/08/2009 09:30:45
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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
Bob Abell07/08/2009 08:41:15
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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

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