Tow Boat Contracts

bmalassoc

bmalassoc

New Member
Dec 23, 2008
19
Illinois
Boat Info
40 Sundancer 2006
Engines
Cummins QSB 380
Last September I had to "soft ground" my Sea Ray 40DA because of a weld failure resulting in a transom puncture. A Racine Sheriff's boat offered to tow me into Racine Harbor but I said "I have Tow Boat US towing insurance" please call them. Tow Boat US Kenosha a/k/a Lakeland Marine Towing and Salvage Inc. responded. A 12 volt pump was put on board and my boat was towed a few miles to the closest travel lift. Since the Tow Boat Captain put the pump on board he claimed salvage rights and sent me an invoice for $68,750.00 or $22,916.67 per hour which including his travel time. After attorney intervention a payment of $26,000.00 or $8,666.67 per hour was made. I must say that the Tow Boat US Kenosha Captain appeared professional and well equipped.

Here is my advice to my fellow boaters. If you must hire a Tow Boat Service PLEASE AGREE ON A PRICE AND PUT IT IN WRITING BEFORE a line is tied to your boat from the tow boat.
 
Depends upon the size of the hole and if "the vessel was in eminent danger" meaning her onboard pumps could not keep up with the inflow.

In other words, we all need to know the difference between a tow and a salvage. Infortunately, most guys on tow boats use a fairly loose definition of salvage and consider anything other than hooking a line up and towing you off a sand bar as salvage.
 
Of course, if your vessel is in imminent danger, that's a tough time to begin negotiations and the tow capts know that. An acquaintance of mine lost his boat to a salvage claim and too little insurance. Scary stuff.
 
I've been wondering about carrying some pcs of starboard or plywood for emergency patches over a hole. Jump in with the cordless and screw them on.:huh:

Maybe some conveyor belting would work good.
 
Last edited:
Woody said:
I've been wondering about carrying some pcs of starboard or plywood for emergency patches over a hole. Jump in with the cordless and screw them on.:huh:

Maybe some conveyor belting would work good.
Click to expand...

All you need is a screen door and some FlexSeal, and you'll be fine!
 
Sorry about the op's bad luck, but this thread has made me think about things and I just ordered wooden plugs and the Tru-Hull plug.
I normally don't need to worry about it too much where I boat but we went to the San Juans last summer and are going back this summer.
 
Some tow boat operators have a well earned reputation that almost rivals the reps of Somali pirates. They're bloodthirsty and can sense the almighty dollar when they arrive at your boat.

I have a Towing Agreement that would most likely have covered this situation and have pasted it below. Anyone may feel free to copy it and use it for your own boat if the need ever arises. IF your boat is in danger of sinking, don't use this--let the insurance company and the tow boat operator battle it out.

TOWING AGREEMENT


This agreement is by and between ________________________, towing operator, ___________________________, captain of towing vessel, and Michael E Lauman, owner and captain of a Federally documented 1995 Sea Ray 550 Sedan Bridge , “Beachcomber”, doc # XXXXXXX, on this the ________day of _______________, 20____ .


The parties agree as follows:

The undersigned tow operator and vessel owner hereby agree that the services to be rendered to said owner by said towing company on _________________ (date), does not constitute marine salvage. It is expressly agreed that the vessel is not in peril and that the occupants are not in imminent danger.

Signed:

_______________________________________date:_________
towing company


_______________________________________date:_________
towboat captain


_______________________________________date:_________
Michael E Lauman, Owner


_______________________________________date:_________
Witness
 
Boat Guy said:
Actually, based on what you've described, it sounds like BS.
Click to expand...
Last fall the OP said his pumps couldn't keep up, the pump BoatUS put in was needed to keep up. http://clubsearay.com/showthread.php/75220-GHS-swim-platform-on-2006-40-Sundancer

The BoatUS contract specifically covers this situation. I guess we're forewarned, that is...if we read what we signed, understood it, and then remembered it in the excitement of the moment.

'This Towing Service Agreement becomes effective 11:59 PM on the day of payment and does not apply to: pre-existing conditions, including but not restricted to, towing after disabled vessel departs a dock or mooring; battery jump starts, dive service, and fuel delivery at a dock; towing from a repair or storage facility, for seasonal haul out or routine maintenance or for storm preparation; salvage, including but not restricted to hard groundings, or assistance requiring more than one vessel, pumps, divers, airbags or other special equipment; the cost of fuel or supplies; charges for escort, navigation assistance, search for lost vessels, retrieving anchors or other equipment; charges to repair, haul, launch, commission, decommission, moor, dock or other marina charges; U.S. or Foreign Customs Fees; when Member is a guest or paid captain on any boat; any boat used for commercial purposes; Paid Services being paid for by another company.'
 
Last edited:
Thanks Beachcomber
Copied and modified and put with the boat stuff
In 2013 we put a hole in the front of our boat below the water line. Hole size was 6" by 3 feet. The area is double box hull in the area so did not take on water. We drove the boat 20 miles next day and had it hauled out that is when we saw the damage. I went around the boat with my under water camera and found the area but it looked solid but scratch.
 
This thread (and the OP's original thread) are interesting to me. Obviously, as the owner of a 20' bowrider, my values are much lower, but I never really gave this much thought. I just assumed tow insurance was like calling AAA when it comes to a car breakdown, but I never thought about the fact that the tow boat may be actually saving the boat instead of just taking it somewhere.

In reality though, isn't this similar to what happens with a health insurance claim? For example, I had heart surgery a few years ago and the initial bills that were sent to me and my insurance company totaled over $400k. When it was all said and done, my insurance carrier (along with my deductible) paid a total of about $150k. I know that's the result of negotiated contracts between the insurance companies and the health care providers, but I'm sure the hospital/doctors never expected to see $400k. Isn't this really the same thing in that the tow boat captain is billing for an artificially large amount, knowing the net amount received won't be anywhere close to that?

In the end, I assume the OP's boat got fixed, the tow boat captain got paid, and it was the OP's insurance company footing the bill for everything (less deductables, etc)??
 
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