Liable for crashing into dock? Sold boat.

[BuzzStPoint]

Re: Liable for crashing into dock? Sold boat.

To the OP:
Your buddy ought to be thinking about what evidence he has to show he sold the boat. When he owned the boat, where was it stored? A neighbor testifying that the boat was always stored in the driveway until 2 years ago would be pretty good evidence that your friend sold the boat 2 years ago.

The boat used to be parked next to his garage for the longest time, Now replaced with another boat.

But here's the latest.
He's probably going to get a lawyer.
The Sheriffs department told him they aren't issuing any citations "at this time". Which can mean anything around here.
Now the owners of the toon and dock told him they would be willing to split the repairs to the dock and toon in half. When he said he shouldn't have to pay for any of it, the other party told him they'll see him in court.

Here is a bit of luck out there that just needs to be grabbed for him. The gentleman that runs a local bait shop said he seen his boat awhile back, I guess he kinda knows him but doesn't. One of those people that come in the bait shop once in awhile. From there he told him the guy that my buddy sold the boat to, used it for a short period of time then took the engine and trailer. Ended up selling the boat shortly there after. He did say if he comes in, he'll give him his number and/or try to get his info. But not to hold on to that on to that one as he hasn't been in for a while.

 

[wagnerz]

Re: Liable for crashing into dock? Sold boat.

Obviously the person that crashed the boat is the one liable for the damages. Ownership will not matter when it comes to liability. Now, ownership can be used to try and prove that your 'friend' was the one driving the boat, and not the person he 'sold' it to. If he didn't drive the boat, he shouldn't pay a penny for the damages, and should fight it. He should gather some evidence for his defense. Where is the trailer to the boat? If the friend of the friend still has the trailer, go take some pictures of it at his house. Of course, get himself an alibi. In these small civil fights, the plaintiff has to only show a proponderance of the evidence. This means they have to show its more likely then not that the 'friend' was driving the boat. It doesn't look good for your 'friend' since he has no evidence of selling the boat, and who know where or what he was doing the night of the incident. HE SHOULD GET AN ATTORNEY.

 

[Home Cookin']

Re: Liable for crashing into dock? Sold boat.

No one has explained this oft-repeated concept:
How can a boat owner be liable for the acts of another person who is driving the boat merely, or solely, because he owns the boat?

He can't*. Which is why the title question is irrelevant to establish liability for the pontoon and dock. The title question might be evidence of who was drving, but it's mighty weak evidence.

The confusion may come from insurance coverage: the owner's insurance may cover an authorized user of his boat and pay for his accidents. That is a function of contract, and indeed, that owner wasn't liable in the first place, even though his insurance covers it.

If you own a boat, and let your friend drive it, and he crashes into a pontoon and a dock, you are not liable**. So how could you be liable if the boat was sold and not re-titled?

Look at it this way: no one here would think he's liable if someone steals his boat in the middle of the night and crashes into a pontoon and dock. Ownership does not establish liability. So why would you be liable for the act of someone who bought your boat?

The OP's friend should call their bluff.


*absent an unusual strict liability statute--anyone find one?

** exceptions for unseaworthy/unsafe boat contributing to the crash, knowing he's dead drunk, etc.

 

[Aquaman-PSD]

Re: Liable for crashing into dock? Sold boat.

No need to get a lawyer.... sell the boat, use the income to buy a one way ticket to Siberia, hang low for about 20 years and he'll be good!! No problem man!!

 

[rivermouse]

Re: Liable for crashing into dock? Sold boat.

Drunks plead "my car was sold/stolen" quite frequently...it usually doesn't work either.

The "It wasn't me" defense is only as good as the alibi.

I was called by the police and told of a driver who damaged my property (house I owned ) when I got there the car had already been towed away and the cops gave me the name of the registered owner. Seems he did have insurance but the driver had ran away when he crashed. His insurance was all ready to pay me BUT THEN they discovered the SOB had suddenly reported his car stolen and that ment I couldnt get paid, The owner was a convicted crack head with a long record. I couldnt prove he was driving so I got screwed. I was pissed at the cops for taking the car BEFORE I COULD CHAIN IT UP UNTIL THE MATTER WAS SOLVED. If the car had been reported stolen before the wreck the cops would not have given me the owners name.The OP should tell the cops if they say he is the LEGAL owner, he then wants to report it having been stolen and that the thief is the one who should pay not him. Thats the way it works with cars. This should be a case where the property owners insurance should pay if they can not prove who was driving and did the damage..

 

[BuzzStPoint]

Re: Liable for crashing into dock? Sold boat.

Seen my friend this weekend, Got to talking and asked him whats happened so far?

The bait shop owner hasn't see the gentleman that the boat was sold to. So no luck there. As far as the damaged dock and boat.
Said the guy called him on the phone once again to discuss the situation and he held firm as to not paying a nickle. Ended up with the same thing of I'll see you in court bit...

Since then. No word from either the Sharif or the toon owner.

 

[WIMUSKY]

Re: Liable for crashing into dock? Sold boat.

I agree that whomever is behind the wheel of a boat/car, etc, is the responsible party if they are the cause of an accident. Not the owner of the vehicle whether the vehicle was borrowed out/stolen/sold and not reg.. However, in this case, the party fled the scene and apparently there was no positive id of said party. And the owner of the dock/'toon isn't going to say they didn't look like the OP's bud, even if he did get a good look. Until proven otherwise, all that's known for sure at this point is, the Op's bud is the legal owner. This could turn into a legal battle.... JMOpinion.......

I wouldn't pay a nickel either. Nor would I get a lawyer until I knew I was going to court........

Hindsight is 20/20. A copy of a BOS would have removed all doubt who is the owner. Even if not required. It's called, cover your butt.

 

[bajaunderground]

Re: Liable for crashing into dock? Sold boat.

Read the whole post and replies...knowing what I know (not much?!) I would 99.9% agree with what Home Cookin' has stated as he obviously knows how the legal system functions...

I see 2 issues here #1 Criminal: The act of crashing and leaving the seen (regardless of who?) #2 Civil: Who's gonna pay for it?**

If what was stated was true the home/toon owner should make a claim to his insurance company (hopefully the boat and the real property are one in the same?). Should they choose to pursue it then by all means the OP's friend will probably be sued...he can plead his case in front of the judge (this will be a civil action, not a criminal proceeding). Depending on law/precedence/jurisprudence he stands a chance. I doubt the insurance company will pursue legal action as it sounds relatively minor...if they do however, I'd have all my family/friends/neighbor (and bait shop owner) sign an affidavit stating the boat in question has been gone/sold for xx days/months/years, or whatever facts are pertinent!

In the event the seller pursues legal action w/o insurance company same process but typically without the backing of a "good" attorney. If it goes to court it sounds more than likely it's going to be small claims, which typically do not require attorneys and are limited to actual damages or a small amount ($7,500 in Colorado). Mediation is typically part of the small claims process prior to seeing a judge (which in this case there doesn't sound to be much room for that, if what was stated is fact?)

In all accounts, a quick consult with an attorney is ALWAYS recommended for any legal court case (small claims or otherwise?)


Good Luck, keep us posted!

* Insurance companies have deep pockets and are usually lawyer'd up very well!
**Not considering restitution?

 

[Home Cookin']

Re: Liable for crashing into dock? Sold boat.

agreed ^^^

 

[hostage]

Re: Liable for crashing into dock? Sold boat.

This thread seems to be blown out of proportion. I think when the dust settles, justice will be served in the proper manner. It normally does, though it might inconvenience and frustrate your friend for a little bit. Tell him to be patient.

 

[BonairII]

Re: Liable for crashing into dock? Sold boat.

I never understood why people do not let the DNR or state govt know when they have sold a boat.

Probably because a lot of people(including me) are not going to risk facing some additional tax, fees, or some other money the govt may say I owe them.

Right or wrong......I have/will give a second receipt far below what the buyer paid to save them sales tax at the DMV. I've been on the receiving end of these receipts also.

NYS taxes us to death for everything, I'm not about to report any local CL etc sales I've made so that the state or federal govt can tell me that they deem this money as income and they'd like tax me on it.