Author Topic: Salvage claims  (Read 4543 times)

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Michael Rogers

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Salvage claims
« on: 26 Aug 2016, 14:27 »
Possible salvage claims came up in comments on my tide race adventure (‘Racing a tide race’), and I thought it was worth a thread on its own, so herewith. More informed comments than mine would be very welcome.

My understanding is that the general situation is as follows. To make a successful claim, the claimant has to show that -
a) the ‘victim’ (I don’t know what the proper term is) and/or his/her vessel was in danger;
b) control of the vessel had been relinquished to the claimant. In practice this would probably mean boarding the vessel and taking the helm. (Is simply coming aboard, eg to attach a towing line, sufficient?)

On the RNLI and salvage I can supply definitive information, because I wrote to them about it a few years ago, and got quite a detailed reply. I explained to them that my father (who was taught to sail in the 1920s, as a student, by Frank Carr, the owner of the famous ‘Cariad’ and chronicler of, among other traditional craft, Thames barges) had an ambivalent attitude to the RNLI, apparently because of a salvage episode involving himself or someone else (Frank Carr?). I have no idea what happened.

The reply did not give a ‘never’ but implied that, had something of the sort ever occurred, it was a very long time ago. However the present situation is clear, and is as follows -
a) The RNLI would never, under any circumstances whatsoever, support or condone any attempt to make a salvage claim by anyone acting on their behalf or using their equipment. It is regarded as completely incompatible with the Institution’s ethos, and, they believe, of that of all their crews members.
b) However should a crew ever decide to pursue such a claim, they as individuals would first have retrospectively to hire the lifeboat concerned, and all its equipment, from the RNLI for the duration of the relevant ‘shout’, thus making clear the RNLI’s distancing itself completely from the attempted claim. (My informant didn’t say this, but obviously they could make the hire fee as steep as they like: and certainly for one of the modern super-lifeboats, for example, it would have to be £*****s!)
c) The ‘renegade’ crew would receive no assistance of any kind (eg legal support) from the RNLI in pursuit of a salvage claim.
d) The persons concerned would thereby terminate any further involvement by themselves in any activities of the RNLI.

That seems pretty clear. (What about independent lifeboats?? That introduces yet another topic! - I believe there are some, but have never understood why there are any, given the overall excellence of the RNLI, and the high costs involved. Presumably local history explains. Does anyone have any experience of, or information about any of these?)

I’m just sorry that my Dad went to heaven before I had a chance to clarify all this with him.
Apart from his hang-up, whatever it was, the RNLI would have appealed to him 100%. Indeed, had he had the chance (living by the sea etc) I think he would have volunteered, and distinguished himself.

Michael Rogers

Andy Dingle

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Re: Salvage claims
« Reply #1 on: 26 Aug 2016, 18:04 »
Michael - for your info..


http://www.humber-rescue.org.uk

http://www.hornsearescue.org.uk


Just two that happen to be in my sailing area, of the many excellent independent lifeboat services dotted around the coast.

These two are within a short distance of the only full time, and very busy RNLI boat and crew in the country so that would suggest there is a great demand for them. And they do an excellent job - working alongside the RNLI under the auspices of the MCA.

I'm sure there are many others.

Information worthy perhaps of a small donation to either, or both!

Regards

Andy

Michael Rogers

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Re: Salvage claims
« Reply #2 on: 27 Aug 2016, 13:11 »
Thanks, Andy. That information had me doing some research, and the results surprised me. There are thought to be 70 - 100 independent lifeboats round the British Isles coastline (that includes the Irish Republic, as, of course, does the RNLI): nobody knows the exact number because there is no umbrella organisation. I had no idea there were so many. Taking the 230 odd RNLI stations, that means that one in four lifeboats is independent. I still find myself asking why, but doubtless there are good, mostly local, reasons.

Never for a moment, Andy, am I suggesting that they do anything other than as brilliant a job as the RNLI, and were I sailing in an area covered by independents they would have my wholehearted support, including financial. As I sail from Studland and around Poole, you will understand that I am rather well covered by the big boys!

Michael

Peter Taylor

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Re: Salvage claims
« Reply #3 on: 27 Aug 2016, 15:50 »
There are certainly more independent lifeboats than people realise.  My understanding is that many of them date back to days when the RNLI's mission was centred more on offshore rescue (ships on the rocks etc.) while the boom in recreational boating had created a need for inshore waters to be better covered. Local Lifeboats were organised as independent charities often with the support (financial or in kind) of the local council.  As an example the independent Hamble Lifeboat (photo attached) was set up to cover  Southampton water and the rivers Hamble, Itchen and Test at a time (1968) when the RNLI had lifeboats at Bembridge and Yarmouth but could not supply a suitable boat for the inshore waters.

People in general don't realise that these independent lifeboats still form a major part of the UK's search and rescue facilities.  In the Solent/Isle of Wight area the RNLI operates all weather lifeboats (ALB's) at Bembridge and Yarmouth. They have inshore lifeboats (Atlantic 85 ILB) and/or inshore rescue boats (D Class IRB) at Portsmouth (ILB & IRB), Bembridge (ALB & IRB), Calshot (ILB & IRB), Cowes (ILB), and Lymington (ILB). Independent lifeboats operate at Gosport (equivalent to ILB & IRB), Ryde (ILB & IRB), Hamble (2 x ILB), Freshwater (ALB/ILB), Sandown and Shanklin (ILB).

So, unless I have missed any,  6 RNLI stations and 5 independent stations all of which have "Declared Facility Status" within the CG coordinated SAR system. The RNLI gets more publicity because it is national and operates the larger ALB's but independents such as Gosport and Hamble can match the RNLI ILB's in capability. At first sight the Hamble LB may not look as flash as the Calshot ILB but it is powered by twin 350HP Iveco diesel engines and Castoldi TD238 water jets! At Calshot we often see independent and RNLI LB's working together on the same incident.

Peter
Peter Taylor
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Michael Rogers

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Re: Salvage claims
« Reply #4 on: 28 Aug 2016, 17:24 »
That's a very enlightening analysis, Peter. I'm sure that's the historical explanation for the setting up of most of the independents. I understand that there are only three offshore lifeboats (presumably that means ALBs?) which are not RNLI's responsibility. One is at Caister (that seems to have been caused by a straight disagreement about local lifeboat needs and how to meet them), where they will shortly be taking delivery of one of the latest Dutch lifeboats. I don't know where the other two are.

No-one seems interested in salvage issues.......oh well, worth a spin.

Peter Taylor

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Re: Salvage claims
« Reply #5 on: 29 Aug 2016, 07:29 »
With regard to salvage issues, Michael, the RYA has various forms and information on it's web site (members only area) including a simplified Salvage Agreement with the idea that you get that signed or verbally agreed (with witnesses!) before being plucked from the jaws of Charybdis. Ignoring the obvious impracticality, I note that the form includes agreeing a statement on the salvage cost.  I've checked and cover for "reasonable Salvage Costs" is included in my boat insurance... but I would assume that the Insurers would want their own lawyers to negotiate what would be reasonable - not me!  So to my mind setting up such an agreement in the midst of the emergency might be a mistake even if it were possible to do so.

Again, reading the RYA stuff, I get the impression that if you stay in some sort of control of your boat - e.g. use your tow line, stay on the helm, keep a log of times and events - then it might be possible for the afore-mentioned lawyers to argue that it was a towage situation rather than salvage.  Towage costs would presumably be lower but... are they also covered by my insurance?!  ... I think I might get in touch with Bishop Skinner and ask them about this!

Peter
Peter Taylor
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http://www.seatern.uk

IanCollinson

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Re: Salvage claims
« Reply #6 on: 29 Aug 2016, 10:59 »
The important point in distinguishing between towage and salvage is whether the boat being towed is in danger or not. If it is in danger then even a simple tow could give rise to a salvage claim by the rescuer and the amount of the claim will be a percentage of the value of the boat saved ( the percentage depending upon factors such as the extent of the danger and the skill of the rescuer) rather than the commercial value of the tow.

Salvage is not really a concern though if you have a good insurance policy. If your insurers agree that the boat was in danger then they will pay any valid salvage claim, since the salvage will have saved them the cost of a wreck and there should be a clause in the insurance policy making this clear.

The only way to avoid a salvage claim if your boat is in danger is to enter into a contract with your rescuer before the rescue. Obviously the RYA suggestion of a written contract in a standard form is unreal, but a contract does not have to be in writing. If you shout "how much for a tow?" any price agreed will be a binding contract and will prevent a salvage claim. Even saying you will buy your rescuer a pint if he gives you a tow should be enough.

Don't offer to pay too much though, because if you do your insurers will refuse to pay. They will also refuse to pay if they don't think your boat was in danger and will say that the contract was just for a tow ( to avoid sailing home in a flat calm for example if your engine fails)
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