HELP - WATER ACCIDENTS

K

Kingfish

Senior Member
Hi Guys, i need help or advice regarding a boating incident in dbn harbour ...

A family member of mine was involved in an accident in dbn harbour bout a year and a half ago and would appreciate your opinions,

A naval vessel had collided into his boat while fishing at night and all precautionary measures and been taken and the boat being fully licensed with all necessary lights and equipment.

This naval vessel had steered straight into his boat while he was fishing and the driver of the naval vessel went straight into the back of the boat, luckily none of the occupants had any serious injuries.

Anyway, it had gone to court and according to the SA Navy, the driver whom was heavily under the influence of liquor did not have authority to be using the boat and subsequently the court case has been dropped as my cousin did not went to get into a legal battle with the driver of the SA Navel vessel !!!!

So he is sitting with a boat which has not been repaired since !!!

Any advice or opinions!!

Many Thanks

Still no Kingfish
 
M

Mornay Ruth

Senior Member
Hi Kingfish,

Generally, the rules and regulations for driving on SA roads are very similar to those of sailing in SA waters. If the Skipper of the naval vessel is at fault then a case should be opened against that skipper. I find it very unusual that the Navy can deny responsibilty for this incident as it is their vessel, regardless of the fact that the skipper had no authority to operate that vessel. The Navy should have measures in place to prevent unauthorised used of their vessels.

Either way, I don't think your family member will have any joy unless a civil case is opened against the skipper/navy. I'm quite sure the responsible person will not volunteer to pay for the damges to the boat. If your family member is not prepared to seek legal assistance in this matter then I'm sure the repair expenses will come out of his/her pocket. It's a sad state of affairs....

Good luck!

Cheers
Mornay
 
K

Kingfish

Senior Member
Thanks Mornay,

Thats how it is working out, i think it will cost him less by fixing the boat than lawyers fees, but how crap is our system !!

Eesh, rather try catching Tigers in the bay than deal with these okes !!!

Regards,

Kingfish
 
M

Mornay Ruth

Senior Member
If he wants to go the legal route then he must claim for damages, trauma to himself and occupants on the boat, as well as legal costs. If he has a good case then he is sure to pull it off. It will be a huge mission, but might be worth it in the end. Something to think about.....

Cheers
Mornay
 
L

little-hobo

Senior Member
can ur family member prove that the navy officer was under the influence?? If so then by all means go to court , ur lawyer will claim the fees from the navy, the navy should take responsiblity for their employees actions cos it was a navy vessel he was steering.

L-H
 
M

Mornay Ruth

Senior Member
Exactly right, LH. Generally speaking, if a company vehicle was involved in an accident and it was the employee's fault, then the company is held accountable and discplinary action is taken against the employee in an internal inquiry. This is standard practise. I don't see how the navy can deny responsibilty if their "employee" was responsible, no matter what the circumstances. I think it may well be worth the effort. Just seek legal advice first so that you can determine a course of action.

Cheers
Mornay
 
J

jace

Senior Member
Hi KingFish
The least cost effective way maybe the small claims court if the damages are less than R7000. You will find that the navy will rather settle than have lawyers in small claims court....if you want e-mail me detail and I can help with the submission to the SCC.
Rdgs
Jace
 
L

little-hobo

Senior Member
@JACE , i doubt its going to be less than 7k cos kingfish said it was the back of the boat , so therw ill def be damage to the motor aswell , so thats going to be the expensive part.

L-H
 
J

junaid

Senior Member
seven grand better than no grand in SCC....case mite be difficult,expensive and lawyers may benefit in the end if goes to normal court.


what i dont understand is if your relative has an expensive vessel/craft why is it not insured...let the insurance co. sort it. It so happens he is the victim,, but what would have happened if he collided into a swimmer/diver or somethimg by mistake

I have a kayak,,, dont think it can do much damage but to use it in public water sports areas in the UK I have to have 3rd party insurance
 
K

Kingfish

Senior Member
Hey Junaid from the UK, the boat was a starter boat which he bought for like 15k and not that expensive considering that the repairs to the boat was quoted at 10k.

He did not have an insurance which is rather daft but hey, it happens.

If he did manage to knock a swimmer or diver in the bay, the culprit should actually be given a clap for being there in the first place.

Are you a lawyer ?
 
J

junaid

Senior Member
hi kingfish

not  a lawyer..

if i paid 15k and the boat got damaged,  id try to get something back,, i personally would go to the SCC with the max amount they allow. im sure the naval insurance company will probably settle before it goes to court if what you said is true/provable

yeah the diver deserves a clap if he is in the bay... but  accidents can happen when u launching etc.  or he damages another vessel and injures someone... they have the right to sue him just like he does in this case (lucky he wasnt injured)


if the boat is worth 15k only get 3rd party,,,can save alot of hassle in future
 
B

Brett

Senior Member
The club that your cousin is a member of should report the matter to NPA(Portnet Capt.Sen)there is recourse and the navy are liable as it was their boat.

Any accident on the water is investigated by Saamsa and the findings will assist in any legal battle if found to be in his favour.

Brett
 
L

LawD

New member
HI Guys,

You should be able to sue both the navy and person steering boat. Where a person is acting within the course and scope of his occupation then his employer is also liable for his actions. It's called vicarious liability.

You should consult with a lawyer and see if its worth the effort to prosecute.

 
 
T

The master assasin

Banned
The other matter off contention is that after u win a small claims case or civil case is to get your money paid...i am pretty sure the navy is insolvent! Lol..the owner off the boat can reposes one off the naval vessels thereafter and take the whole off sealine fishing..
 
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