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Old 07-08-2010, 05:58 AM   #14
ApS
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Question "Accident"? "Operator"?...'Dunno...

Quote:
Originally Posted by Skip View Post
"...That is incorrect..."
1) Though my eyes glaze over when I read the written law—and I'm no lawyer—my take is that the law makes an important distinction between the two "operators" here:

Operator 1) The Perpetrator
Operator 2) The Victim

Operator 1 has the responsibility—and another 11 days—to report the accident. (Anyone holding out any hope here?)

Operator 2 has the responsibility to report the accident to the State (within 15 days) wherein the damage has exceeded $2000.

2) Here is the applicable RSA portion regarding Operator 2:

Quote:
"...Any person operating a vessel that is in any manner involved in the accident shall, within 15 days after such accident, report in writing to the division of safety services the facts required hereunder together with a statement of the circumstances...if damage to property is in excess of $2,000..."
3) 1Bigtoon (Operator 2) has now suggested that damage isn't all that bad (and, it appears, may not exceed $2000). Depending on his insurance deductible, I'd proceed with caution in the reporting of this "accident"—as I wrote earlier.

4) The U.S. Coast Guard has stated that up to 40% of accidents go unreported. This "accident" could turn out to be one of those 40%. (Although small/local police departments could also "drop the ball" in the collection and reporting of those boating accidents that should've found their way to USCG statistics).

5) IS 1Bigtoon really "the operator"—according to the law?

(When he was apparently absent at the time—his boat being unattended and stationary?)

Last edited by ApS; 07-14-2010 at 04:39 AM. Reason: So I'm sayin' my interpretation is the correct one... :)
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