I got rear ended 4th of july. What should I do now.

[red85k100rs]

I was out with some friends on my boat July 4th. We were on a local river heading south; people were shooting fireworks from shore. It was 9:15 PM. I was just putting along (My boat was not making any wake) letting my guests enjoy the show... The next thing I hear is ?HE?S NOT GOING TO STOP? I turn around to see a boat up on plane and about to come in to the back of my boat. I don?t quite know how we got so lucky but he hit me at the rear on the starboard side. Nobody was hurt, my boat suffered damage to the rear about 12 sq inches and about 5 feet starboard side are missing. All damage is above the water line.
My boat is a 1987 Sea Ray Seville 18.5 cuddy. Mercruiser 3.0.
His boat 1988 supra mariha 335hp ski boat open bow. His boat sunk.
He told the police that I didn?t have my lights on. Whitness on shore confermed my lights were on, and that he was not paying attention. He got a ticket for ?careless operation?
He has told his insurance company that I didn?t have my lights on, so they are trying to say I am at fault too. Nothing will get done until court. They haven?t even looked at the boat yet.
His court date is a month from the time of the accident. So I am out of a boat until his insurance or the judge jet things moving. I do have insurance but only liability so my insurance is not going to help me.
Is it un-reasonable to ask for my slip to be paid while my boat is un-usable?
Is it un-reasonable to ask for use of a rental (we have a such a short boating season)?
Is it un-reasonable to purchase a replacement and consider mine totaled?
What would it take for my boat to be totaled?
Is there anything I should know before court?
I live in Illinois.
Thanks for any advice.
I would have been happy if he just fixed my boat, but I think he/they will drag this out and my boating will be over for the season ;-(

 

[metriccrescentwrench]

Re: I got rear ended 4th of july. What should I do now.

Does his insurance company know that there are witnesses who will verify that you were not in any way at fault? Can you send them a copy of the police report? By any chance did the police check the guy for his blood alcohol level?

 

[sbbamafan]

Re: I got rear ended 4th of july. What should I do now.

First - you are lucky that everybody is ok - glad to hear it. I hate to say it, but I would go ahead and get a lawyer - or at least ask one the questions you posted here. I would not go spending money that you may not recoup, unless you just want to spend it and hope for the best. What makes you think he has liability insurance? If it is simply he said, she said this might not turn out so well.

As for your boat, if you are missing 5' of 18', I would sure think it was totalled. I would not want it back repaired. There are just too many things that could turn south without an attorney...

 

[red85k100rs]

Re: I got rear ended 4th of july. What should I do now.

The police report says nothing about my lights, on or off. The police report does have whitness statements stating that I slowed down and he didn't, and that he was not paying attention.
I don't think he was drinking. I don't think he was tested.

 

[ezmobee]

Re: I got rear ended 4th of july. What should I do now.

That boat will be totaled. No question. And if they base their reimbursement on NADA or the like, you're looking at getting like $2500 or something. You should probably get a lawyer.

 

[red85k100rs]

Re: I got rear ended 4th of july. What should I do now.

I know he has insurance, I have already talked with them. I have also already paid for my slip for the summer.

 

[metriccrescentwrench]

Re: I got rear ended 4th of july. What should I do now.

The police report does have whitness statements stating that I slowed down and he didn't, and that he was not paying attention.

I believe I'd go to his insurance company with the fact that the police report states that he was at fault, and indicate that you have witnesses who will testify, if need be, that your lights were on. If there's any hesitation on their part to make you a fair offer I'd be getting an attorney, and let the insurance company know that.

Good luck.

 

[shrew]

Re: I got rear ended 4th of july. What should I do now.

I believe I'd go to his insurance company with the fact that the police report states that he was at fault, and indicate that you have witnesses who will testify, if need be, that your lights were on. If there's any hesitation on their part to make you a fair offer I'd be getting an attorney, and let the insurance company know that.

Good luck.

The witness statement says the OP (Stand-on) vessel slowed, while the 'give-way' vessel did not. Are these the same witnesses who can attest that the running lights were on? Do you have the name of the witnesses who claim they say your running lights on?

Were you cited by the police for operating in limited visibility without proper running lights? It will be up to the give way vessel to prove that you were operating without lights. "I didn't see lights" is much different than "He was running without lights".

IMHO, No it is not reasonable to expect to have them cover slip fees or rental costs. It is up to you to risk buying a new boat before confirming that yours is totalled. As stated, you need a lawyer. Also consider getting comprehensive on your next boat.

 

[akorcovelos]

Re: I got rear ended 4th of july. What should I do now.

If you don't mind me asking where in Illinois did this happen?

This is the first year Illinois requires boats to be insured with at least liability, and lots of people don't know that law passed yet. Sounds like you have already talked with his insurance, so at least you know he has it.

Have to agree though, unless you buy a new boat with an understanding you may not be reimbursed for it anytime soon, if ever, your season is over. Might want to look into renting your slip for the rest of the season to recoup at least some of.what you payed.

 

[BTMCB]

Re: I got rear ended 4th of july. What should I do now.

Sorry for your loss. Glad no one was hurt. Hope it all works our for you in the end. Obviously, I don't know "local" rules on the waterway you were on but I know most places (lakes) here in California it is against the law to run a boat on plane from sunset to dawn. In other words, it is no wake speed at night. IF the other guy is determined to be a fault and he has liability coverage, you are entitled to seek and recover ALL of your PROVEN and documented damages (boat / loss of use / etc.). Best to consult an attorney. Good luck.

 

[red85k100rs]

Re: I got rear ended 4th of july. What should I do now.

Sorry for your loss. Glad no one was hurt. Hope it all works our for you in the end. Obviously, I don't know "local" rules on the waterway you were on but I know most places (lakes) here in California it is against the law to run a boat on plane from sunset to dawn. In other words, it is no wake speed at night. IF the other guy is determined to be a fault and he has liability coverage, you are entitled to seek and recover ALL of your PROVEN and documented damages (boat / loss of use / etc.). Best to consult an attorney. Good luck.

Boating laws here are 25mph at night. I talked to his insurance co again today, They returned my call ...... from last tuesday ( a week ago)when I called to tell them I had the police report. They still don't have the police report, and say its not available yet.

 

[catfishcarl99]

Re: I got rear ended 4th of july. What should I do now.

If you don't mind me asking where in Illinois did this happen?

This is the first year Illinois requires boats to be insured with at least liability, and lots of people don't know that law passed yet. Sounds like you have already talked with his insurance, so at least you know he has it.

Have to agree though, unless you buy a new boat with an understanding you may not be reimbursed for it anytime soon, if ever, your season is over. Might want to look into renting your slip for the rest of the season to recoup at least some of.what you payed.

can you show me anything that states that il boat ins is required. i searched many state sites and key word searches like il boat insurance required, ill boat ins law ect and found nothing that stated it is required. i live in il and have currently no ins on my boat. all i got was ins co quote sites on my results.

this is all i could find


Liability insurance is required for all motor vehicles that must display license plates and are being driven, including cars, vans, motorcycles, recreational vehicles, trucks and buses. Trailers are not required to have liability insurance.

boats dont have plates.

 

[fat fanny]

Re: I got rear ended 4th of july. What should I do now.

Blow his insurance companies phone up and make sure they have all the info on the accident you have (reports witnesses names ect,) be persistant and try to talk to the same person each time and some cases use thier 1800 # instead of the agent you will most likely get further ahead by doing so. Good luck and as said lawyer up!

 

[red85k100rs]

Re: I got rear ended 4th of july. What should I do now.

can you show me anything that states that il boat ins is required. i searched many state sites and key word searches like il boat insurance required, ill boat ins law ect and found nothing that stated it is required. i live in il and have currently no ins on my boat. all i got was ins co quote sites on my results.

this is all i could find


Liability insurance is required for all motor vehicles that must display license plates and are being driven, including cars, vans, motorcycles, recreational vehicles, trucks and buses. Trailers are not required to have liability insurance.

boats dont have plates.

I am of the understanding trailers are insured by the tow vehicle. Boats, and snowmobiles
are not required to carry insurance.
I was told by the marine sheriff police that responded to the accident "Insurance is not mandatory for boats in Illinois"

 

[gpfishingdude]

Re: I got rear ended 4th of july. What should I do now.

Just because insurance is not required doesn't mean that the person at fault is any less responsible for any damages to other peoples property. The only problem with the uninsured is even if the court rules in your favor it can be hard to get any reimbursement. My wife won a case in court and they as much as said "good luck getting anything out of them". On the other hand I reported an accident to my insurance company where the other party was uninsured and my agent told me that they would get the other party to settle because the accident was the other parties fault. You might get advice from your insurance agent.

 

[akorcovelos]

Re: I got rear ended 4th of july. What should I do now.

can you show me anything that states that il boat ins is required. i searched many state sites and key word searches like il boat insurance required, ill boat ins law ect and found nothing that stated it is required. i live in il and have currently no ins on my boat. all i got was ins co quote sites on my results.

this is all i could find


Liability insurance is required for all motor vehicles that must display license plates and are being driven, including cars, vans, motorcycles, recreational vehicles, trucks and buses. Trailers are not required to have liability insurance.

boats dont have plates.

This is interesting. I was told by a fellow boater that this was the first year this law went into effect, but like you I can't find any documentation to back it up. I just sent an email to tue Fox Waterway Agency asking for a clear answer to this question. I'll post back as soon as I get an answer.

 

[metriccrescentwrench]

Re: I got rear ended 4th of july. What should I do now.

They still don't have the police report, and say its not available yet.

Insurance companies don't make money by paying claims, they'll drag their feet as long as possible. Don't take their word that the police report isn't available yet, go to the police and get a copy yourself and either hand deliver it to a representative of the insurance company (and have him/her sign for it) or else mail it with a tracking number. I realize that there are differences from one police department to another, but when my truck got totaled by a teenager I was able to get a copy of the police report that afternoon.

If you don't have the time or aren't comfortable being pushy and persistent then definitely get a lawyer ASAP.

 

[TilliamWe]

Re: I got rear ended 4th of july. What should I do now.

PM sent. Feel free to copy and paste it in here, or I will type in my conclusions if you think it will be helpful to others.

 

[BRICH1260]

Re: I got rear ended 4th of july. What should I do now.

I would hold off on getting an Attorney at first and try to work a settlement out with his insurance company. If you can prove your case, and it sounds like you have a good one, they should offer a property damage settlement. An attorney will only cost you more money and with no injuries involved, will only subtract what you get for the boat. The insurance company is not specifically required to pay your Attorney fees. Obtain the police report and fax it to them if necessary. Obtain names and number of all witnesses, even those in you boat and give to them. Get a couple estimates of damages or total loss statements and be prepared to begin total loss negotiations with them. Have an idea of what the boat is worth. If the insurance company continues to drag their feet after having time to investigate, file a complaint with the state Dept of Insurance. You can do this without a Lawyer.

 

[TilliamWe]

Re: I got rear ended 4th of july. What should I do now.

great response brich. We don't have a "Department of Insurance" anymore, though in IL. We have a combined services dept, and they stink.

The at fault carrier does NOT have to cover his attorney cost, and will not. No attorney will take this case, since it doesn't have injuries involved. Injuries are the only way attorneys make money.