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DONTW8

Who should pay for the damage ?

Who should pay for the damage ?  

115 members have voted

  1. 1. Who Pays ?

    • The boat owner.
      55
    • The guest.
      34
    • Half each from the owner and guest.
      19
    • Some other fractional sharing
      7
  2. 2. Should you let a non licensed person drive your boat ?

    • Yes. The license makes no difference.
      50
    • No. That is irresponsible.
      65
  3. 3. Does Oregon mark their danger areas adequately ?

    • Yes. I see them frequently
      8
    • No. They are not marked clearly.
      6
    • I have no idea. What's an Oregon.
      101


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DONTW8

One of my crew took his golf buddies out for a day at Billy Chinook. His guest was driving my friends' old Sunsetter and drove into the marked danger area where the middle (Deschutes River) arm converges with the eastern (Crooked River) arm. The Deschutes arm is minimum 300 yards wide at that point and opens into a half mile wide section of the Crooked River arm.

The white marker buoys (ROCKS) is about 80 feet from the vertical rock wall and the channel there is a minimum 900 feet wide.

The guest does not have an Oregon boater's card but is a 50 year old attorney who has owned an I/O in the past.

My buddy does like to be a passenger in his own boat and prefers to lay out in the bow area to work on his tan.

I was invited but chose to work that day instead. I know both parties but my obvious prejudice is with my ski buddy Sunsetter owner.

The boat has just been repaired and the bill came to $2500.

I've been asked what my opinion is. So has our other crew member.

Who pays ?

Edited by DONTW8

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Sandbagger
One of my crew took his golf buddies out for a day at Billy Chinook. His guest was driving my friends' old Sunsetter and drove into the marked danger area where the middle (Deschutes River) arm converges with the eastern (Crooked River) arm. The Deschutes arm is minimum 300 yards wide at that point and opens into a half mile wide section of the Crooked River arm.

The white marker buoys (ROCKS) is about 80 feet from the vertical rock wall and the channel there is a minimum 900 feet wide.

The guest does not have an Oregon boater's card but is a 50 year old attorney who has owned an I/O in the past.

My buddy does like to be a passenger in his own boat and prefers to lay out in the bow area to work on his tan.

I was invited but chose to work that day instead. I know both parties but my obvious prejudice is with my ski buddy Sunsetter owner.

The boat has just been repaired and the bill came to $2500.

I've been asked what my opinion is. So has our other crew member.

Who pays ?

Maybe if the boat owner was so concerned and not willing to assume responsibility, he/she should have been driving their boat. I am sure the bonehead that crashed the boat feels really bad but ultimately, legally, I do not think it is his/her responsibility. I am pretty sure the insurance will cover no matter who is driving. I would say morally, it is probably 50/50, but legally it is the owners responsibility.

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Malibuman

I would say let them split the deductible

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jetskipro550

Unless it was a really dumb @$$ move I say the owner is stuck paying for it.

Owner should pay if: friend was towing him and hit a submerged log that wasn't visible.

Friend should pay if: He wasn't paying attention and ran into a bridge piling.

Or better yet, split the deductible and let insurance take care of it!

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skyskier

It sounds like there was no insurance. Either way, more info is needed to form an opinion.

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obski

I said the owner should take responsibility, but if the guest offered to help, it shouldn't be turned down.

I answered that the hazards are well marked in Oregon, but really I was answering specifically to the situation in question. I know that area well, and it is very clearly marked. Now other places in Oregon, such as many parts of the Willamette - not so much.

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Sixball

owner should never let his guard down. many boaters do not know buoys and how to reed them. If the operator is familiar with the buoys then he should man up and except responsibility.

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mlange

Insurance pays and if there is no insurance than the owner is just as much a bonehead as the driver in this case.

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Bobby Light
One of my crew took his golf buddies out for a day at Billy Chinook. His guest was driving my friends' old Sunsetter and drove into the marked danger area where the middle (Deschutes River) arm converges with the eastern (Crooked River) arm. The Deschutes arm is minimum 300 yards wide at that point and opens into a half mile wide section of the Crooked River arm.

The white marker buoys (ROCKS) is about 80 feet from the vertical rock wall and the channel there is a minimum 900 feet wide.

The guest does not have an Oregon boater's card but is a 50 year old attorney who has owned an I/O in the past.

My buddy does like to be a passenger in his own boat and prefers to lay out in the bow area to work on his tan.

I was invited but chose to work that day instead. I know both parties but my obvious prejudice is with my ski buddy Sunsetter owner.

The boat has just been repaired and the bill came to $2500.

I've been asked what my opinion is. So has our other crew member.

Who pays ?

The freakin idiot that was driving the boat. Tell "your friend" to be a littlle more thorough about making sure anyone driving his boat knows the waterway they are in. Tell the lawyer to get a clue.

Edited by 06vlx

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Badger

This is exactly why I only have 1 or 2 people I let drive my boat, and I rarely would drive somebody else's, especially if it was an area I didn't know well.

I think the owner needs to take responsibility.

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WakingMeHappy

Being the crash dummy buddy is a lawyer the boat owner would end up paying anyway (plus court cost) so there is not much since in arguing. Still, the driver has had a boat in the past so should know something about boating. I would hope he would at least offer to pay all or some. How hard is it to see a white marker sticking out of the water, assuming you're watching where you're going?

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Sixball

Many boaters think buoys are something to go around and most assuredly you should do it at speed! :Doh:

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Chia

if the owner let someone drive that did not know the waters and/or did not know how to read buoy's....then the guy driving is not responsible.

I don't see this as being any different than if someone let their young son drive the boat in these waters and he did the same thing because the son didn't know any better. Owner error. Owner was in the boat, knows the waters, knows the hazards and apparently did not explain them to the driver.

that the guy once owned an i/o is not relevant.

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68Slalom
I would say let them split the deductible

Plus1.gif

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MalibuTime
if the owner let someone drive that did not know the waters and/or did not know how to read buoy's....then the guy driving is not responsible.

I don't see this as being any different than if someone let their young son drive the boat in these waters and he did the same thing because the son didn't know any better. Owner error. Owner was in the boat, knows the waters, knows the hazards and apparently did not explain them to the driver.

that the guy once owned an i/o is not relevant.

Plus1.gif

He (owner) was boating on his regular lake that he is familiar with. He should have pointed out basic hazards to his guest even if they are marked, especially while he is riding along in the boat. But that said, the guy (guest) should feel like and idiot for his obvious error and be obliged to kick in. I guess your friend will find out who is friends really are now.

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Baddog

My rule is: you break it, you bought it.

If someone else is driving and soemthing breaks through normal wear and tear, owner eats it. Some dumb as drives through the rock field, he eats the whole thing.

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ed obermeier
My rule is: you break it, you bought it.

If someone else is driving and soemthing breaks through normal wear and tear, owner eats it. Some dumb as drives through the rock field, he eats the whole thing.

I absolutely disagree. It's your boat, you're ultimately responsible for whatever happens to it. Period. You should know the skills level of whoever you put in control of your boat AND you should still be paying attention to HOW they're operating it just in case. No one drives my boat unless I'm 100% confident in their abilities to do so safely.

Because you hand off responsibility of operation doesn't mean you hand off complete responsibility for anything that happens to it. Handing off operational control to a kid i.e. doesn't make the kid responsible for anything that happens. I know kids who are better boat drivers than some of the wally acting idiots in I/O's around here. That the driver had previously owned a boat doesn't mean he knew anything about how to safely, properly, and responsibly operate one. We all see plenty of examples of that on the water.

The whole situation sucks for sure. But ultimately IMO it's your your boat and as such it's your responsibility. If he's a friend at all, if he's a responsible person at all, if he has any decency at all he'll offer to pay the deductible. If not he's no friend and as such should be cut loose immediately. If there was no insurance than the owner deserves to eat the whole thing just out of sheer ignorance.

Ed

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UberXY
The guest does not have an Oregon boater's card but is a 50 year old attorney who has owned an I/O in the past.

Who pays ?

Lawyers do not pay.

Ub

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Soon2BV

Owner pays. He is ultimately responsibe for his own boat and whoever is operating it

I dont know Oregon markings, but many lakes it is hard to know if the marker is going to say Idle sped, no tow, or danger until you are close. sometimes, that is too late.

If the owner had given an advanced warning that was ignored, then i would have a different answer.

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ed obermeier
The guest does not have an Oregon boater's card but is a 50 year old attorney who has owned an I/O in the past.

Who pays ?

Lawyers do not pay.

Ub

Only if they're shysters. Anyone with an ounce of decency would at least offer, lawyer or not.

Ed

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Faceplant409

I think owner pays unless he specifically warned lawyer about mine field. If there is no insurance (NO EXCUSE for no insurance by the way!) and the lawyer does not offer up, he's an A$$! ...but probably not legally liable.

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DONTW8

We went to Lake Billy Chinook today and checked out the scene of the accident.

The rocky area the guest drove into is not in the line of the channel.

Obski is correct. The marker buoy is the standard diamond shape warning on the white tubular buoy and clearly says rocks.

The distance from the buoy to the channel rock wall edge is about 30 feet or less not 80 like I said before.

The total channel is easy 300 yards wide. It opens onto a half mile wide section of the Crooked River arm.

The guest driver had to be in that danger area by choice.

You would not be in that area unless you chose to do so on purpose.

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Baddog
My rule is: you break it, you bought it.

If someone else is driving and soemthing breaks through normal wear and tear, owner eats it. Some dumb as drives through the rock field, he eats the whole thing.

I absolutely disagree. It's your boat, you're ultimately responsible for whatever happens to it. Period. You should know the skills level of whoever you put in control of your boat AND you should still be paying attention to HOW they're operating it just in case. No one drives my boat unless I'm 100% confident in their abilities to do so safely.

Because you hand off responsibility of operation doesn't mean you hand off complete responsibility for anything that happens to it. Handing off operational control to a kid i.e. doesn't make the kid responsible for anything that happens. I know kids who are better boat drivers than some of the wally acting idiots in I/O's around here. That the driver had previously owned a boat doesn't mean he knew anything about how to safely, properly, and responsibly operate one. We all see plenty of examples of that on the water.

The whole situation sucks for sure. But ultimately IMO it's your your boat and as such it's your responsibility. If he's a friend at all, if he's a responsible person at all, if he has any decency at all he'll offer to pay the deductible. If not he's no friend and as such should be cut loose immediately. If there was no insurance than the owner deserves to eat the whole thing just out of sheer ignorance.

Ed

While I don't agree with the main points in your response, I do respect your absolute right to voice them. I do however, agree 300% with your last statement. There is no worldly excuse for not having insurance on the boat.

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Ndawg12
My rule is: you break it, you bought it.

If someone else is driving and soemthing breaks through normal wear and tear, owner eats it. Some dumb as drives through the rock field, he eats the whole thing.

I absolutely disagree. It's your boat, you're ultimately responsible for whatever happens to it. Period. You should know the skills level of whoever you put in control of your boat AND you should still be paying attention to HOW they're operating it just in case. No one drives my boat unless I'm 100% confident in their abilities to do so safely.

Because you hand off responsibility of operation doesn't mean you hand off complete responsibility for anything that happens to it. Handing off operational control to a kid i.e. doesn't make the kid responsible for anything that happens. I know kids who are better boat drivers than some of the wally acting idiots in I/O's around here. That the driver had previously owned a boat doesn't mean he knew anything about how to safely, properly, and responsibly operate one. We all see plenty of examples of that on the water.

The whole situation sucks for sure. But ultimately IMO it's your your boat and as such it's your responsibility. If he's a friend at all, if he's a responsible person at all, if he has any decency at all he'll offer to pay the deductible. If not he's no friend and as such should be cut loose immediately. If there was no insurance than the owner deserves to eat the whole thing just out of sheer ignorance.

Ed

Plus1.gif

Sorry Baddog, I normally agree with you but not on this. I only let people drive my boat in areas that I know are safe. If something still happens, then I am responsible, period. Now if the driver disregarded the boundaries I gave him, then he's stuck with the bill. Either way, it's a bad situation. I always feel a little uneasy when someone asks me to drive their boat, boundaries or not.

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txwakejunkie

owner pays, it is the owner's choice on who drives their boat. Unless there is an agrement that the (non owner)driver assumes all cost of damage that there may be while under their control.

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