Dear Seaworthy,

I have heard of recent experiences by fellow sailors who have accepted a contracted tow when aground and been told by the towing service, that even though they were a subscriber, they were subject to and liable for a salvage claim. Please advise on your thoughts and what political, insurance or legal protection may be required for a very expensive experience.

Merrill Feldman
Swampscott, Massachusetts

A bill for "salvaging" a boat, typically, is much, much greater, often by thousands of dollars, than a bill for towing/ungounding. And the various towing services, including TowBoatUS, do not include salvage service in their pre-paid towing programs.

Contrary to popular belief, large, heart-stopping salvage bills from towers isn't something that suddenly began happening when the Coast Guard got out of the towing business in the early eighties. In his book "Lore of the Wreckers", marine historian Birse Shepard notes that the recognized legal principle of excessive salvage compensation came to the United States from England in the seventeenth century, where it had evolved after centuries of legal haggling between ship owners, salvors, and underwriters. The courts, both then and now, allow for "excessive" compensation because a salvor is voluntarily risking his own life and boat to save the lives and property of others that are in peril. "Risk, both physical and financial," Shepard notes , "remains a necessary ingredient of the business."

Nobody would argue that a salvor who maneuvers his boat through breaking seas in a gale to save lives and property in immediate peril is entitled to more than just an hourly wage. But the definition of "risk" gets a little fuzzy on a clear day when seas may be only moderately large and the boat is bouncing a little but may not be in immediate danger of breaking up. This is a gray area that still exists throughout the towing industry.

To avoid the disputes that have occasionally occurred over towing/ungrounding vs. salvage, each marine assistance company must contractually agree to the following distinction before becoming an approved TowBoatUS operator:

  -- Towing/Ungrounding is "any operation not involving immediate danger to the boat or to a legally protected marine environment and requiring only one towing vessel with lines attached to the grounded boat to refloat it or to the disabled boat to tow it."

  -- Salvage is defined as "any operation involving immediate peril to a grounded, sunk or stranded boat, or multiple towing vessels or special salvage equipment(pumps, airbags, dredging, cranes, etc.)"

Salvage is typically covered by a boat owner's insurance policy. While TowBoatUS occasionally disputes a towing bill with one of its towers, the same is true with salvage bills and insurance. BoatUS has a very large marine insurance program that receives, negotiates and pays salvage bills regularly. Salvage companies historically have submitted initial demands for salvage that appear to be extraordinarily high. Marine insurance adjusters investigate the incident and negotiate with the salvor. The final payment is, more often than not, significantly less than the initial demand, but it can still be a healthy sum.

Since 1993, when TowBoatUS was launched, there have been relatively few salvage disputes. Disputes with towers--any tower--can occur, however, when the question of salvage arises. Should you ever have to call for assistance after running aground, taking the following steps before you leave the dock, will help avoid misunderstandings:

Review your insurance policy to make sure it covers salvage. Ideally, your policy should cover the entire cost of salvaging your boat, not just a percentage of it's value. Your policy's deductible should not apply to salvage.