Never Seen One Episode of "Dukes of Hazzard", Due It's Silly Premise...
 

The image I saw may have been greatly enlarged. It displayed a boat amidship with three people. I'll ask to see it again.

Two things we DON'T know:

1) How much damage did the Searay take?

The Searay has a major structural keel of about 8 inches of depth. (Protecting its stern-thruster among other things).

2) What injuries may have been suffered?

The getaway boat apparently showed up promptly and transported some number of people away. That boat should have been impounded. The impounded Searay has yellow crime scene tape wrapped very carefully around the foredeck stanchions. MPs protecting blood evidence for DNA-matching? :confused:

One thing can be deduced from the crime scene:

The Searay hit a piling dock, possibly collecting small wood splinters in its propeller and keel--and fiberglass within the dock's planking. That dock stands "proud" of the water by about 16 inches. The Searay would have been clear of the water by the same measure--or more:

I'd call that "airborne", but some might call it something else. :rolleye2:

Not Airborne
 

I have been to the dock in question…the Searay didn’t go over the dock, it went through it never leaving the water.

Dan

What we have here is a play on words.... "airborne" to some means on thing well to others it means something totally different.

Had the searay been traveling fast enough to get Airborne by my definition, it wouldn't have come to rest where it did, it would also likely not have sustained so little damage... the inertia involved would have made for a complete different accident scene...

At a speed of 10-15 mph, that boat would have had enough inertia, to plow through the dock, shove the hacker craft underneath it, and eventually beach itself like it did...

Could it have come up out of the water as it did so before crushing the dock underneath it... Likely a little.... but that isn't airborne....

There is nothing about this accident that indicates speed or power had anything to do with it. It is likely in my opinion, that the boat was traveling at a reasonable speed, given the conditions.....

What is also obvious to me, is that the captain of the vessel, didn't keep a proper look out, or pay attention to his heading.... What lead to that well, we can speculate... but is it going to be provable... time will tell....

One thing to remember about this accident: It happened at night and boating conditions were likely pitch black..........

Ok folks, two plus months since the accident and I'm getting impatient How much longer do we wait for answers and follow up consequences for this crash in Winter Harbor? And it would appear that this is not the family's first brush with the law.

Do they get off scott free? Will insurance cover the damages given the hit and run circumstances?

The Carroll County grand jury sits on Friday 10/20, then 11/17, 12/20. For nipple rock accident it was 2 months +/- to charges filed?

No, and yes.

A Proper Watch...
 

Timely law enforcement interviews will determine if nobody was SERIOUSLY injured. (Or "merely" knocked unconscious). :rolleye2: Had the perpetrators departed the state that night, they could have been willingly hiding injuries.

View the drone photos here: https://www.winnipesaukee.com/forums...7&postcount=37

While the drone almost misses a direct overhead shot, the drone still shows all of the intact joists (stringers) directly depressed under water. Enough intact planking remains to almost reassemble the dock! Was every splintered plank removed before the drone took to the air? :confused:

The drone's overhead video also shows how close the Searay came to also striking the neighboring dock and boat. :eek2:

I think I'll take my collection of reflectors and secure them to my dock next Spring! :o

Darkness, nor any weather condition, doesn't affect the rules of navigation to "Always Keep a Proper Watch".

Coverage Speculation...
 

If insurance covers this Hackercraft, will the insurance company offer a new Hackercraft?

From the Hackercraft factory in NY, their cheapest model starts at $235,000.

https://robbreport.com/motors/marine.../hacker-craft/

Or a replacement "previously-owned" Hackercraft--at $215,000?

https://hackerboat.com/boat/hull-519...YlN9Q10qzdoTxj

Or tow it to the nearest restoration shop for a local repair? (My guess).

Or tow it to the factory for a factory repair? (What the owner would probably want).

Speculation
 

ApS

As noted in your post, all speculation. You'd have to read the policy.

In the meantime, it really isn't the Hacker owner's policy that matters. The "guilty" party's liability insurance will be the settling payment. The owner's company may pay, but they will subrogate against the other party. No reason they can't be "generous" if that's the coverage i.e. replacement vs Actual Cash Value.

In most of these posts, I continue to be amazed at the hundreds, if not thousands, of dollars people pay for insurance and there is very little understanding of how insurance and liability really plays out.

Do you really know what you bought for insurance on your boat? Or if you damage somebody else's boat? Maybe you didn't do the damage, but you're the accused party? What does your insurance cover then?

The boat was hauled back to the factory for repair. It was taken to the old boat repair shop on 28 first and then Hackercraft came and got it.

Mystery….
 

What ever happened to the guy who caused the wreckage, then disappeared? Was he ever caught and charged?

Squashed
 

That entire thing got squashed pretty good...doubt anyone will ever hear anything...

Dan

Hit and Run
 

Unlikely it was squashed, more likely there was no evidence of the actual captain piloting the boat. Criminal liability depends proving facts established by witnesses and documents, proven "beyond a reasonable doubt." Here: collision at night, no witnesses, passengers and captain phone helpful friend who assist them in leaving the scene shortly thereafter. Captain tells investigators that the boat was stolen, or nothing at all, he is not required to talk to the police or authorities in any way. Friends on the boat are unknown and/or won't talk.

Proof: a boat wreck, with no evidence of who was at the helm. We can all speculate, and I speculate that that speculation is correct. Absent a witness positively identifying the captain at the moment of impact, all you have is an insurance matter, nothing close to a case "beyond a reasonable doubt." In the insurance case, the Searay's owner tells his insurance carrier that the boat was stolen, and he knew nothing of it until the next morning. No proof to the contrary. Of course he left the keys in the boat, doesn't everyone in this safe place?

What about leaving the scene of an accident?

If the owner were to tell the insurance company that it was stolen would they not require a police report?

If the boat "theft" were reported, would that potentially lead to a charge of filing a false report?

How are people convinced by circumstantial evidence? A murder case, for example, with no witnesses, no self incrimination, no direct evidence, but damning circumstantial evidence? It happens all the time.

No witnesses??....I saw pics online of everyone up close in the getaway boat taken that night at the accident scene! People witnessed the crash!

Look deeper into this guys background...you will see why nothing will come of it...

Dan

Dad207, I agree with your summation. Unfortunately, people watch crime/court dramas on TV and in the movies and think that is actually how things happen. It is fantasy vs. reality as you explained it.


Sent from my iPhone using Winnipesaukee Forum mobile app

Lying on an insurance claim would be criminal. By there's no requirement to file a claim

Boat Crash
 

Yup, the witnesses were the people on the boat (family and friends) who are not going to turn the guy in, unless they can be pressured to do so. Since some may not be known, and there is no crime that the passengers committed, no way for prosecutors to pressure them.

False police report/ false insurance claim? Only false if there is evidence (again, witnesses and documents) showing that the owner (or someone else) was in fact piloting the boat that night at the time of the crash. So long as the people who were on the boat that night do not step up and do the right thing, there is no case.

Speculation game?
 

There's a lot of speculation here, and it's a great game with no apparent rules, so here goes:

Hackercraft is insured by company A. Sea Ray is insured by Company B. Company A pays for repairs to the Hacker and subrogates against B. There is a bailment situation, so Hacker owner will get his deductible back. The Sea Ray, company B, is insured and there is nothing in the policy that requires a specific person to be driving, so the Sea Ray damage is covered by company B.
Now, follow this. The Sea Ray was purchased with a loan, say for $1,000,000, with 20% down. The boat is totaled, and the bank gets paid their $800,000 as the mortgagee/additional insured. They're happyy--they m,ade money on the loan. The owner bought his lakefront McMansion just before the pandemic for $750,000 and used a HELOC for the down payment on the boat. He can now sell the house (after all, he's done boating) for $2,000,000, pays off all the debt and has funds available to buy elsewhere. Nobody was hurt, nobody loses money, nobody gets a ticket. Ain't this a great country?

Boat Crash
 

Absent an honest person or two coming forward, this is just about right. And we complain about insurance rates, and this is how it happens.

The beautiful world of non accountability we live in…..

Pretty sure the Sea Ray insurance would cover the damage regardless of a crime conviction or charge.

Agree. Especially if an attorney involved.

In summary…..
 

“No consequences for bad behavior”. It’s a sad commentary, starting from childhood and continuing through adulthood.

Does the boat owner lose any devaluation?
If he bought the house for $750,000 and sells for $2,000,000 but has to repay the HELOC, and the boat has devalued with the insurer paying the lower valuation... doesn't the boat owner come out short of full profit?
Or am I missing something?

Depends. Without knowing the facts... we do not know what laws may have been broken.

Was the operator going too fast? Too fast relative to the shoreline/etc? Was the operator under the influence? Or was the operator just not paying attention -''failing to keep watch''?

A BWI, depending on other factors, would be the most devastating... but even then it might only be a first offense and the operator would live with it.

In the past, accidents that had the loss of life didn't significantly affect the operators, so this accident with no known injuries would mostly fall to the insurance claim; that should have been expected.

Not sure if this is related, but just saw a 2004 SeaRay 500 pop up on Facebook marketplace. Location was "laconia"

The name is "WheelSea"

Looks just like it

Its not the same boat. That one is down in Portsmouth. The one up here doesn't have a name on it in the picture I have, and doesn't have the sat dome on the roof.

Arrest made

https://www.wmur.com/article/man-arr...sh-nh/60620407

While this is interesting, it isn't really the operator that caused the incident, it is the "Rescue Boat" driver.... that got the culprit away from the scene. However hopefully it is a sign, that there are more arrests to be made....

I was surprised too. I expected the article would be about the operator being arrested, although maybe they can't prove anything because he did leave the scene. Maybe this is the only thing they can prove?

Agreed this may be the only thing they can prove. Maybe they expect to pressure this guy to testify against the Sea Ray captain?

Classic law enforcement technique: charge the lowest-level perpetrator on the criminal ladder, and in exchange for a deal-- say probation or dropped charges, they agree to testify against the higher-up perps, in this case, the captain of the boat who this witness (now defendant) can now identify. This works so long as the lower-level defendant is not bought off, by, and/or is wiling to take a the hit for, the target defendant.

…..always trade up.

It was my understanding (possibly wrong) that the second boat was called to the scene after the accident. Unfortunately, If this is the case he would have no direct knowledge of who was operating the boat at the time of the accident.


Sent from my iPhone using Winnipesaukee Forum mobile app

Good point.

Could be the defense taken, but everyone knows who's boat it is and chances are there were not multiple people "capable" of operating a 50' boat at night on board. Possibly none based on the outcome?

But it's speculation, no proof. The law is funny, you can't assume anything.