Contender crash

[Cracker Larry]

So, if I were able to come alongside and take control of this boat, would it be mine?

It would not actually be "yours" at that point, but you would have the controlling interest and a salvage lien. It would be up to a judge in a maritime court to award a settlement, based on how much danger the boat was in, how much risk it was causing others, how much risk and expense you committed to salvaging it, and other circumstances. In that particular situation, you would probably end up owning the boat and more, unless the insurance company negotiated a deal you could live with.

I would hope there would be a law against it.

Actually the opposite under maritime law. Any boat drifting freely and unmanned is subject to salvage. It is a danger to itself and creating a danger to navigation. Anyone who puts a line on her has a salvage claim. You can negotiate fees with the owner, the insurance company, or go to court. Or you could be a nice guy

Never leave a boat without it being tied or anchored. Not even on a beach. Even if you think it is sinking and you abandon it, throw out an anchor. If you leave it adrift, Sea Tow may soon own it

people could go out grab a boat after it mysteriously broke from its mooring and say they want a half a million dollars for salvage on a boat worth 50k

Again, it's not what you demand, it's what a court thinks is reasonable. Salvage fees won't usually exceed the value of the vessel and it's cargo, unless other circumstances are involved, such as you prevented an oil spill which would have cost millions in cleanup. Any case that size will go to a judge and the salvor will get a reasonable settlement.

I'm not a maritime lawyer, not by any stretch, but I've done some commercial towing and have some personal experience with salvage laws. They are far different than land based laws.

[Cracker Larry]

Funny this should come up, I found a boat floating free down the Savannah River last week. It had a fresh cup of worms on the bow and a cooler full of iced beer inside, and 2 baited rods I was very concerned that the owner was also adrift. I anchored the boat on a bar, photographed the registration and headed upstream looking for him. Found him about 3 miles up, waving frantically, barefooted, short pants, no shirt in the Savannah River swamp. The mosquitoes were killing him and the gators and snakes had him shook up. He'd just gone ashore to answer a nature call and didn't secure his boat. Dumbass.

I was a nice guy, gave him a ride down to his boat, reminded him what bow lines are for. Probably didn't need to tell him that.

[one4water]

It would not actually be "yours" at that point, but you would have the controlling interest and a salvage lien. It would be up to a judge in a maritime court to award a settlement, based on how much danger the boat was in, how much risk it was causing others, how much risk and expense you committed to salvaging it, and other circumstances. In that particular situation, you would probably end up owning the boat and more, unless the insurance company negotiated a deal you could live with.

Actually the opposite under maritime law. Any boat drifting freely and unmanned is subject to salvage. It is a danger to itself and creating a danger to navigation. Anyone who puts a line on her has a salvage claim. You can negotiate fees with the owner, the insurance company, or go to court. Or you could be a nice guy

Never leave a boat without it being tied or anchored. Not even on a beach. Even if you think it is sinking and you abandon it, throw out an anchor. If you leave it adrift, Sea Tow may soon own it

Again, it's not what you demand, it's what a court thinks is reasonable. Salvage fees won't usually exceed the value of the vessel and it's cargo, unless other circumstances are involved, such as you prevented an oil spill which would have cost millions in cleanup. Any case that size will go to a judge and the salvor will get a reasonable settlement.

I'm not a maritime lawyer, not by any stretch, but I've done some commercial towing and have some personal experience with salvage laws. They are far different than land based laws.

OK, so let's say I head out after a storm and find a 25' CC drifting around unmanned. Obviously I would want to check things out so what do I do? Call the CG and tell them I found it and claim salvage on it? Then decide if I want to be a nice guy and tow it in for the owner and just hand it off or work out a recovery fee? Again, just trying to figure out how it works in laymans terms.

[Cracker Larry]

The CG doesn't really have anything to do with it. I would call them if the boat appeared to be recently occupied, as in fresh worms and cold beer, so they could start a search for the missing boaters. Give them a description of the boat and the registration and they'll make phone calls trying to locate the owner or next of kin and get a search underway. Minutes count.

If it doesn't give the impression of having been occupied, don't call the CG. Tie a line to her and tow it home. You can take it to your dock, take it to your house, or where ever you want. You want to get it on your property. Then make all reasonable efforts to contact the owner and start negotiations. You have legal claim against the boat until your fee is settled. If the value is high, consult a maritime attorney before doing any negotiations with anyone.

Edited October 2, 2009 by Cracker Larry