The
Salvage Truth What many BoatUS members don't know is that the line between salvage and towing is subjective and not always clear. Like a Maine coastline shrouded in fog, sometimes definition is hard to see. But there are some clear indicators that can blow the fog away, and learning those signs is what every skipper should know.
The main indicator that determines salvage or towing is the potential for "peril." Take it away - you have towing. Add peril, and you have the potential for salvage. Historically and legally, salvage is any voluntary and successful rescue of a boat, its cargo, and/or passengers from peril at sea. Today, that definition also includes the successful avoidance of damage to a legally protected marine environment.
Whether it's a snowstorm, gale, reef, turbulent waters or running hard aground, salvage was and is today the only way to award a rescuer who risks their life, limb and vessel for others.
Salvage often results in a request for a percentage of the boat's post-casualty value and is covered by a yacht insurance policy, not a towing service plan. It's an award for extraordinary service. The amount of the award also factors in the risk to the salvor and their crew.
On the other hand, towing costs much less, is billed by the hour - today around $125-$150 per hour (daytime rate under normal conditions) - and is often provided for under many prepaid towing service plans, such as TowBoatUS towing services.
When help arrives, it's important to first reach an understanding with the towboat captain about what exactly you're getting before any action is taken. Knowing up front, one way or the other, is a critical first step in the recovery process. If wind and sea conditions don't make this possible, any towing company should tell the boat owner or captain as soon as they can. But don't always assume you will be told - ask first.
TowBoatUS members do have help in making that determination. All TowBoatUS companies have agreed to guidelines that narrow the definition of salvage. If it's a simple towing or soft ungrounding and an operation not involving immediate danger to the boat or to a legally protected marine environment, TowBoatUS will provide towing service to BoatUS members at their lowest towing rate. Generally, if there is no immediate peril and only one towing vessel is needed with just lines attached, that's a towing job. Fuel deliveries and jump-starts also fall into this category.
TowBoatUS companies are also committed to informing the captain of a boat, before beginning any work, if the procedure is salvage, which includes taking on water, a hard grounding or other types of immediate danger. If pumps, air bags or divers are called into play, or if several vessels are required, a tower will have a strong case for salvage. The necessity for special salvage equipment almost always ups the ante - even at the dock. Sinking, collisions, fires or breakaways from moorings, buoys or docks also generally fall into the salvage category.
If the tower declares the job is going to be salvage, peril permitting, first try to call your insurance company so they may try to reach an agreed price with the salvor. If you can't, ask the salvor for a fixed price based on time and materials before beginning. Also try to get any agreement in writing.
If you can't agree on a price with the salvor before doing the job or can't contact your insurance company, have a BoatUS Open Form Yacht Salvage Contract handy, which assures any claim will go to local binding arbitration if negotiations between your insurance company and salvor fails. This form was designed to give the consumer the same protections as the complicated Lloyds of London form but make it applicable to U.S. laws, more understandable, and potentially money-saving for all parties.
Without the signed Yacht Salvage Contract, the salvor is free to arrest your boat and file suit in federal court. And if you were one of the unlucky 2% of calls for assistance classified as salvage, that's not the place you want to be during the boating season.
For more information, visit www.BoatUS.com/salvage.
- By Scott Croft
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