Boating Accident

Which is why you need a lawyer now! Anything you say or do can and will be used against you etc...
 
Slowly, but surely, we are getting the full story. You are under no obligation to respond to a request to pay, let alone pay them.

IF you get sued, contact your insurance carrier, they will represent you. Until then, you needn't worry.
 
"The off duty police officer was approaching the marina at the time the accident occured (he was about to pull his boat off of the water). He preformed CPR on him and he started breathing (very shallow) until the paramedics got there. They then did a trach on him. He was air-lifted to children's hospital in Vegas"

The medical info given is inconsistent . For instance, trachs are done only in the OR, not even in the ER, much less in the field. And other medical "facts" don't fit. This is a highly suspect post.
 
Simple question. Do you in fact have insurance for the Jetski?
If so, I'm surprised the letter or a copy of the letter didn't go to your insurance company.

A request for damages is very far from being sued. If you have insurance, send the boater your insurance information.

But seriously, in an accident with this magnitude (personal injury), you should really contact a lawyer for your own protection. Or, at least bounce the idea off your family attorney (you know, your brother in law, cousin or neighbor...the guy that knows you and routinely answers questions over cocktails).

At 30yrs old with two kids, you have a future to protect.
 
One last time for me then I'm personally done:

quote:
I have contacted my insurance, they are not going to handle any of it because, as I said before, I was not operating the PWC at the time of the accident. They consider it a breech of contract.
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Your insurance company is messing with you. CONTACT A LAWYER!! Heck, give me your name and phone number I'll call one for you!!
 
You first stated that you have been sued, now you say you have not been sued. In your lst post you stated this "If you abide by ALL of the guideline in the policy, they will 100% back you, but if you don't, you're on your own." This is true, you have the obligation to notify your insurance company of the accident immediately, and foward any request for payment to them. If they are not handling this for you a call or letter to you state insurance comission is in order. You are correct that they will not provide a lawyer if you had not been sued, but if you have not actually been sued yet, you probably will be. I know you feel that you have been treated unfairly here, but you must admit that you were not forthcoming with all the details. This is really a great group with a lot of knowledge.
"
 
Beachchick, try to understand. This site has been around for a long time and a lot of the members have as well. We have seen BS come and go. We have seen writers use this forum to generate information for articles. We have seen people ask questions and get upset when they don't get the answers they want. We have seen spammers, trolls, and other assorted miscreants come and go.

Now, you have to admit that your story develop in a most odd manner from a damaged boat to a DOA child to a drunk boat driver. It tends to make some quite suspicious and apprehensive about accepting your story at face value.

The fact that you are still here posting says a lot and leads me to believe that you are sincere and are in a pile of trouble. I hope and pray that the child involved will be okay first and foremost. For yourself, I hope you can get through this without it having too detrimental of an effect on your life. It must be darned hard to be in your shoes right now. You need to do everything you can to protect yourself. If your attorney doesn't know the relevant laws, find one who does! Good luck.
 
Man, I haven't said anything yet, but breach of contract? Unless your policy prohibits other operators and specifically states that only you are covered, that's bull.
 
I'd like to know what's been going on legally between the time of the accident and the time they found out they were legally responsible?..( Just before Christmas? )..
What happened in the 4 months between? You never got any phone calls/letters/legal paperwork from anybody? HOW did you come to find that you're responsible?.
I'm not sure what the law is in ALL States but I know that here in New York if yo0u're involved in an accident it's the LAW that it must be reported. WITH or WITHOUT Personal Injuries. ( Holds true for Automobiles AND Boats )
So anyways....After 4 months and now finding out that you're responsible ( I'll wait to hear on how you found that out ) what brought you to this site anyways? I'm SURE that after you found out you were legally resposible that you contacted an attorney already?
 
"insurance companies has thousands of lawyers that work for them. If you have been served with papers, they are obligated to represent you."

Ha ha! They work for themselves first (hey, they are a business after all), then you. Funny, they never offered to countersue goofs that tried to scam lawsuit us. I have won several accident related cases by filing small claims actions and representing myself. Maybe I should have gone to lawschool afterall. <gg>
 
Mam, truth or not, you have not been straight forward with your story or answers.
I hope for your sake this is all made up BS.

If you get in front of a jury, regardless of stories or truth it may not turn out so good for you.

My advice, turn off your PC and call your lawyer.
 
I understand why Beachchick is so worried and asking questions. I really think Beachchick should have her own lawyer, since the insurance companies may well try to split up her friendship with a large $ sign attached to it, as previously indicated.

Beachchick: the lawyer you are "sharing" with your friend may end up...... I think you know what can happen. Hopefully not.

No need to tell your friend what you are doing, you are just getting some independent advice that is specific to YOU and not your injured friend's kid or his Medical plan.

Once again, good luck. Remember, a few extra thousand spent NOW for YOUR OWN lawyer, could save hundreds of thousands later.

Most of us on here are sadly aware of many tragic accidents, and all the advice to spend money on getting your own lawyer is truly the best advise you will get here.

Since this lady is obviously in distress, perhaps Les can peruse his lawyer listings and email the names of a few good sea lawyers to you. The standard auto accident attorney is unlikely to be the right choice in this case, and you don't want to pay the hourly fee to educate him/her in marine law.

My lawyer friends always told me "the best time for a lawyer is BEFORE the oncoming lawsuit hits you, and actions can be taken to mitigate the damage ahead of time."
 
quote:
Originally posted by BeachChick420

I have contacted my insurance, they are not going to handle any of it because, as I said before, I was not operating the PWC at the time of the accident. They consider it a breech of contract.

Click to expand...


It seems clear that if her PWC insurance policy does not allow her to let other people drive it, they are "in the clear" (uninvolved).

If she has some other applicable personal liability insurance, she might involve them. If not, she and her attorney must handle it.


quote:
Originally posted by BeachChick420

he was struck by a boat.

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What can you tell us about the physical evidence? How did the vehicles contact one another? Did the nose of the boat hit the side of the PWC or did the PWC hit the side of the boat?
 
A follow up question if I may. Why would he boat driver throw your husband and the father a life preserver? Were they in the water as well?

Nobody is saying you are horrible. I think we're all just trying to figure out what happened.
 
Interesting that the cops said the boy was liable. If the boat was to the "left" (port) of the ski and they were travelling in the same direction, the jetski had right of way and the boat should have yielded. Of course, I'm sure the cops didn't know this.

You should follow up with your insurance to get a reasonable explanation as to why you are not covered for the damage to the boat. Have them show you the clause in your policy where another boater can not be driving the boat. Don't take no for an answer.

I believe if it goes to a MARITME court, you'd win in a heartbeat.
Why?:

- The boat was the burdened vessel, he should have given way
- Failure to give aid to fellow mariner
- Refused breathalizer (drunk or not, this doesn't look good)
- Excessive speed
- No wake too close to shore

I'm surprised the other insurance company didn't go away quietly with their tail between their legs to avoid a law suit from the boy. Or are the parents suing the boat driver?

In the end, I'm very happy the boy is OK and you are still friends with the family.
 
Nice post Walshie. Great catches, I was thinking a similar thing about right of way, but was getting all turned around.
 
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