Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it
BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing heard the distress call over the radio. They had the captain of the boat pull down his sails on the mast and the jib sheets and secure. The captain didn't want to leave his boat but the lifeguards and coast guard said BoatUS towing is here "do you have towing insurance" he said yes we have the Gold membership. They advised the Captain it would be safest to have him and his dog go with them with their lifejackets and assured him that since BoatUS towing was there they could bring the boat to the lifeguard docks which is normal protocol, and he could pick it up there the next day. BoatUS wanted $6000 to tow & $4500 up front or no work. Next day $50,000 up front to salvage. I was destroyed & sank
Under California law, if BoatUS did not fulfill its obligations as per the Gold membership agreement and this resulted in further damage or loss, you may have grounds for a legal claim. It's crucial to review the specifics of your Gold membership agreement to understand the extent of coverage and any exclusions.
If the terms of the agreement indicate that the tow should have been performed under the circumstances described, and it was not, this might indicate a breach of contract. You may also explore potential negligence claims if their actions or lack thereof contributed to the loss of the boat.
To pursue any legal remedies, gather all relevant documentation, including your membership agreement and any communications with BoatUS. Consider consulting with an attorney to discuss your situation and potential legal strategies. Keep in mind there may be time limitations on filing a claim, so acting promptly is important.
There is a lot going on in this question, but frankly, much of the question is incoherent.
If you have insurance, then turn it over to your insurance.
A: There is considerable information to sort out in your post, and it's very involved to meaningfully address in the brief format of a public forum. Your situation may be a matter of how the operation was characterized - in other words, was it treated as a tow or was it treated as a salvage action. Maritime law does not treat them in the same manner. A starting point could be to contact your carrier and check the scope of your coverage - some policies include salvage, some do not. Good luck
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