Claiming Salvage

[oledutch]

A neighbor of mine at the marina in Laconner Wa recently had his dingie ripped loose from his 48' Tolly in heavy seas. He filed a claim with his insurance carrier and on the same day after he picked up his new dingie (he paid for it, before receiving anything from his carrier) he receives a call informing him that someone has found his drifting dingie.

The finder is claiming salvage and my neighbor's carrier is fighting the claim.

None of this sounds good for him, but I figured I would ask for some input, ideas, comments and/or suggestions from those of you willing to respond.

Thanks

oledutch

 

[L Hall]

Greg, salvage laws apply to any boat that is in peril. Peril is very loosely defined by the courts. They have held that a boat on a beach on a calm day that is disabled is in peril. Many salvage claims have been paid through a "rescue" of a boat that broke loose from a mooring or dock.

Iman, salvage law is federal admiralty law that applies on all "navigable waters" as defined by the US Code. As a rule of thumb, anywhere where there is a CG presence would be navigable waters.

 

[L Hall]

That's the way it should be, Greg. An unlicensed boater who stumbles across a drifting boat is not going to get much in the way of a salvage payment. The correct course of action, anywhere, is to get the boat to a safe facility and call the police.