Solar Anchor Light?

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Ixneigh
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Re: Solar Anchor Light?

Post by Ixneigh »

In car insurance you're covered even if you are at fault. That's the whole reason behind it. Now, who's insurance will pay the other guys damage is the question. If I'm at fault then my insurance has to pay him and if he's at fault his will pay for my damages.

Wonder what a boat us agent would say...

Ix
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yukonbob
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Re: Solar Anchor Light?

Post by yukonbob »

sailboatmike wrote:If the car is parked does it matter if the brake light or the turn indicator isnt working??
More like being parked in the middle of the free-way with no hazard lights on. We're comparing apples to cantaloupe here. The problem is you’re assuming all boats at rest are anchored and doing nothing. Maybe they're performing underwater work, divers in the water, broken down, run aground, loss of engine and unable to maneuver, fishing? Seeing a boat stationary with no indication of what they are doing, following the COLREGS you should be able to determine that the vessel is under power and being piloted with the ability to maneuver. If there’s a cruise ship or tanker bearing down on you and you have no indicators shown and your radio is off they may not be able to contact you, stop in time or be able to avoid you; and they hate to alter course; Yes all vessels have a duty to avoid collisions, but so does the vessel at rest. As captain it is you duty to ensure other boats know where you are and what your intentions are to avoid said collisions. If someone decided to turn the engine off in a busy harbor, say SFO bay, turned the radio off and went to sleep, they'd have the coast guard or Harbor patrol boarding them very quickly trying to determine whats wrong, if they're in distress, mechanical, medical problems or just plain stupid.
Ixneigh wrote:In car insurance you're covered even if you are at fault. That's the whole reason behind it. Now, who's insurance will pay the other guys damage is the question. If I'm at fault then my insurance has to pay him and if he's at fault his will pay for my damages.
Ix
Yes and no. If you have full coverage and are drunk or doing something illegal the insurance company is required to cover third party damages up to your specified amount 1-2 million for a good policy usually (less with cheaper ins) Although you’ve paid for coverage of 3rd party as well as your own vehicle, they have the right to deny the claim for your personal damages. Also if your 3rd party coverage is say 1 million and it is determined you were negligent in your actions (besides being charge criminally) you could be open to a civil suit. Say they sue you for say 2 million, the ins company covers the first 1 million in your policy but you’re on the hook for the other million and all legal expenses, *unless legal expenses are specifically covered in your policy. Also 50/50 fault claims are quite common, where neither ins company is willing to admit fault or both are equally at fault and each company may or may not cover their clients damages depending on coverage.
So if it was determined that the proper indicators were not displayed it is possible that a 50/50 fault be reached and your ins company deny your damages due to lack of coverage (PLPD only covers 3rd party damages) or for failing to display an indicator (more so for commercial vessels where higher standards are prevalent, but point could be made for private pleasure craft as well depending on circumstances).
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kadet
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Re: Solar Anchor Light?

Post by kadet »

More like being parked in the middle of the free-way with no hazard lights on. We're comparing apples to cantaloupe here.
No it is more like being parked in a truck stop on the side of the freeway and some clown tears through the truck stop.

Again in civil litigation there is the contributing negligence factor, i.e. by not showing a ball in the middle of the day in an anchorage with other vessels how did this contribute to the damage to my vessel by a clown that was out of control tearing through an anchorage or conversely if I had a ball how would it have prevented it, there is clear evidence from your statement that a boat that had a ball still made a claim so whether a ball was displayed or not contributed nothing to the incident as a boat will a ball was also damaged. Again I will happily represent any of the claimants in this situation and pocket the legal costs.

Local laws also override the ColRegs in my State for example only commercial vessels have to display a ball. In the US on inland waterways the rule only applies to vessels larger than 20 meters inside anchorages.

And rule 2 is the overarching rule of the ColRegs Rule 2 is sometimes referred to as the "General Prudent Rule" because what is paramount is to avoid or minimise the damaging effects of a collision, as opposed to blindly following the rules to the letter. The overall intent is to minimise actual collisions taking place rather than rule compliance in and of itself, per se
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yukonbob
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Re: Solar Anchor Light?

Post by yukonbob »

You're assuming that they were parked in the truck stop and not on the side of the road. Obviously there is more to the example than I've provided or care to spend time on. In a designated anchorage no light or ball are required therefore they must not have been In a designated anchorage (a group of boats anchored together does not make it a designated anchorage) Therefore it is required to display light or shapes as you are parked in navigable waters.
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