Tow Boat US boards my boat without my permisiom, knowledge, approval and now wants 9K

[Shaunc]

I had no idea Boat US was a business based on ripping boaters and Insurance companies off.

I am so over business that say we will bill your insurance company so you wont have to pay.
WE ALL PAY FOR THIS!!

I left my boat at a Marco Island Florida marina and flew to Maine for a 5 days over the 4th. During this time it appears as if my original sentry 12v batter charger said no more and died.

It also appears as if my ac line developed a small leak and in the course of the time filled the bilge and I assume, water initially pumped out until batteries died. My high water alarm went off about 24 hrs before I was due to return.

I got a voicemail from the dock master to say the alarms were going off and he will check it out. I then go a second voicemail to say he found high water in the one bilge and he had someone help him pump it out. Maine does not have a lot of great cell coverage.

I called the dockmaster from the airport on the way home and he said it was under control and I would need to pay the person helping him to clean out the bilge. I thanked him and said i would be back on the boat the next afternoon as I was flying back.

It takes about 3-4 shop vac loads to empty the bilge and if i do it myself its about 15 min max. when the high water alarm goes off.
I figured he got one of the dock hands and a few hundred dollars to help as he did not want to run it through the books. They are a full service marina and the oil pit is about 200 yards from where i was docked.

While in the air Tow Boat US leaves me a message stating he had to go onto my boat with a team of guys to remove hazardous contamination water in hazmat suits, gloves and masks and the contaminated fluids had to be disposed at a industrial contamination site. There was a film of oil on top according to the dock master. They are DD 871's that drip a little, so yes there is a oil film on top.

I called they guy pissed as hell, I was asked for my insurance information so he could file a claim for 12K with the insurance company. I told him dont be ridiculous, I never authorized you to do anything on my boat. He then said he would settle for 9K if I gave him the insurance company and if in the chance they did not pay he would work with me to be "reasonable" if I had to pay it myself.

I hung up and called my insurance broker who suggested I put the insurance company on notice as to the incident, which I did. He then said I need to ask the the Tow Boat US owner for a copy of the contract, proof of disposal of the contamination. proof the contamination was a risk to the environment as all the oil/water was in my bilge and CONTAINED in the boat.

The next discussion with Tow Boat US resulted in there being no contract by me or the marina authorizing him to board my boat to perform any work. No proof there was any disposal and no reason as to what hazard the oil/water in my boat posed to anyone or anything. I asked if any spillage booms were deployed and I was told no.

I told him without that I was not going to contact my insurance company with such BS and it is all a scam. He offered to settle directly with me for 5K and I told him there was no way in hell I was going to give him 5K.

He then said he would sue my insurance company and told him to go ahead.

I had heard nothing more about this until I got a letter this week from Tow Boat US Maritime attorneys threatening to sue me for 5K for services performed.

What a @#$^%&* scam, I know maritime law can get quirky, but this is not right.

Has anyone ever dealt with such a scam before?

 

[Cricket]

Ouch. Unfortunately the $5000 Boat US ransom request is going to be a lot cheaper than than hiring your own legal representation, which they know. My guess is at $5000 it probably slides into a Maine legal threshold where you're going to have to spend money on lawyers.
Time to figure out the quandary between deductible expense vs out of pocket cost of $5,000.
Are you a member of Boat US? Wonder if that would have been covered as a member?
Maybe post what happened on a few other message boards to develop if this is a common Boat US scam.
I'm sure the marina is very honest and isn't getting any kickback from the scammer. Wink wink....
Btw, this type of stuff makes my blood boil.

 

[Avenger]

You have insurance for these things. It's not up to you to decide if it's covered or not. Unless it's below your deductible, forward EVERYTHING (meaning all your communication about lack of authorization and documentation) to them and let them deal with it. They have attorneys and that's what you pay them for.

Boat US has really gone downhill since the lizard bought them, but I doubt they've actually sunk this far. Something smells like fish(ing).

 

[Pascal]

So TBUS franchises are more sharkish than others. The boat was in no danger of sinking so I don’t see how they can claim salvage. They should have contacted you before doing the work since this wasn’t an emergency. I don’t see how they can have a claim of any kind

 

[SEVEN]

I agree with Pascal. I can understand if it was really in danger of sinking.

 

[Bob Quinn]

Do you have any evidence anyone even contacted them?
Might be worth a call to the "corporate" office? Could the whole thing be an elaborate scam not even connected to Tow Boat?

I recently got a call that turned out to be a scam. I was regarding an Amazon purchase I didn't make (that never even happened) they were very skillful and transferred me to "my bank" and wanted to verify account information. Very convincing, and a very elaborate plan.

This could all be happening based on the local franchise being a scam, corporate maybe could shut them down if you could get to the right people (that have any common sense and actually want to run a good company). Just thoughts.

Might want to google the owner's name of the local franchise, might find other bad history.

 

[Shaunc]

Thanks for all the responses.



Just to fill in a few blanks.....


My insurance was issued July 1st 2023 after a survey where the boat was found to be " condition is well above boats of similar age and is meticulous maintained" in the words of the surveyor.


The dock master and the live aboard neighbor said there was zero evidence of any spillage or sheen in the water as I asked them and there was no coast guard report. There was also zero chance of the boat sinking. The way my bilges work is that if the one gets to high. the water will seep into the other engine bilge and that was dry and clean so no chance of sinking. When I asked the owner of the TBUS, he agreed the boat was not sinking or in any danger of sinking.



My bilges have drip pan under the motors with oil rags and this is where the sheen/oil on the water came from.



yes, what are the chances of a battery charge failure and a dripping ac pipe at the same time. Been boating 45 years and yes, crazy stuff happens. the transformer on sentry battery charger fried and was unforeseen.


The dock master was horrified when he heard the cost and was so apologetic as he said he had no idea what the cost would be. He agreed there was no danger of the boat sinking or anything like that and shut down the ac that caused the high water alarm so there was no chance of the problem getting worse.


He said he should have left it for me to deal with as he knew my return dates. its a transient marina we have used for the past 5 years and we know each other and have a history with them. He just wanted to make sure the ac was the problem and that's why he decided to remove the water.



It was my hope that someone might have had to deal with something similar and have some advice to pass on.


Yes, I can contact my insurance company but then thats what TBUS wants so he can extort me and my insurance company and this type of practice is just so wrong on all accounts. We all end up paying for this and its not okay.

My thinking is along the lines of Pascals comments. I hate scammers and being gouged and this is one of those situations.

 

[Bugsy]

Shaun.....

I'm a lawyer. That means almost nothing in terms of this thread except to the extent that I can claim SOME understanding of "the process". My wife and I were targeted by a nearby slip renter and his friends. They claimed we had done something which resulted in the partial sinking of his boat. He retained a lawyer presumably on a "limited retainer" or contingency agreement. I received a letter requiring production of any and all policies of insurance that could respond to the claim. That information must be produced under Florida statute.
I had advised my insurer of the claim and I provided to the adjuster the evidence I had regarding the seaworthiness of this sunken vessel. The insurer retained a very able maritime lawyer and a surveyor. I think two more letters and not a further word was heard from that "claimant" or his lawyer. The operative factor was the agreement of my insurer to deny the claim rather than engage in a process; "Cheaper to pay $x rather than retain counsel".
Hold firm!!

 

[Shaunc]

Shaun.....

I'm a lawyer. That means almost nothing in terms of this thread except to the extent that I can claim SOME understanding of "the process". My wife and I were targeted by a nearby slip renter and his friends. They claimed we had done something which resulted in the partial sinking of his boat. He retained a lawyer presumably on a "limited retainer" or contingency agreement. I received a letter requiring production of any and all policies of insurance that could respond to the claim. That information must be produced under Florida statute.
I had advised my insurer of the claim and I provided to the adjuster the evidence I had regarding the seaworthiness of this sunken vessel. The insurer retained a very able maritime lawyer and a surveyor. I think two more letters and not a further word was heard from that "claimant" or his lawyer. The operative factor was the agreement of my insurer to deny the claim rather than engage in a process; "Cheaper to pay $x rather than retain counsel".
Hold firm!!

Thank you Bugsy

I was hoping for a lawyer to jump in.

I have never not paid a bill in my life so this is new grounds for me. I actually have never had any bill of any sorts.

I NEVER called TBUS or even spoke to them until the so called work was performed.

TBUS claims he had to show up in hazmat suits with a "team" of guys. Strange that no one else in the marina saw that.

The dock master had assessed there was no danger of the boat sinking or any further substantial disaster could occur. He was the one that asked TBUS for help after he had been on board and shut off the ac unit.

That means that both the marina and TBUS were fully aware that there was no further danger on anything serious happening before TBUS decided to board my boat. Even the dock master said that if he had any idea that it would be even 1K, he would have waited for my approval 1st.

TBUS though that, here is a free payday for moving a bilge of water and dumping it in the marina's oil pit and then I would allow them to rip off insurance companies. People like this should be out of business. Ripping anyone off, even the insurance company is just not right.

To date, I have never received a written bill, email or anything from TBUS. everything has been via phone, text and voicemail. My request for a written itemized bill, proof of hiring "a team", proof of disposal of the water etc have all been ignored .

So you are suggesting, let my insurance company handle and deny the claim and have a them hire a lawyer to dispute this insane claim?

 

[Freestyle]

I am a non practicing lawyer giving free non legal advice here at its fair value.

Since the guy is willing to settle with you for cash, he isn't going to do well using TBUS corporate resources to sue you. Send a customer complaint letter to TBUS so your position is on file and will give them pause before proceeding.

From a process standpoint, I seriously doubt this scammer will try to arrest your vessel, sue you, or even file a credit report. But if he does, then you should structure your defense to non-payment under one of the federal FDCPA (Fair Debt Credit Practices Act) or FCCPA in Florida. These statutes provide for payment of your attorney's fees and in some cases treble damages if you prevail on your factual claim as described.

Put them on notice, let them go away, if they come back, shoot them in the head from a defensive position on legal high ground.

Bruce

Freestyle
1986 62 CPMY (54MY with ext)
Tampa

 

[Bugsy]

Shaun......I like Freestyle's approach but you indicated you had spoken to your broker who advised you to put your insurer on notice. You then stated you had received a "demand letter" from a "maritime attorney" representing TBUS.

In my opinion, you should forthwith provide a copy of that letter to your insurer. I don't think you should "engage" with that attorney.

 

[Pascal]

I m just a captain, not an attorney… but I would try to get the dock master on record, thru text or email, that he nor any of his staff, asked TBUS to get on board and that they never saw anyone in hazmat suits. If it becomes your word agains that crook, evidence and testimony will be key

Any CCTV on the dock that could show they never did anything ?

 

[Capt Chad]

I'm not offering advice. I'm just clarifying the situation. The TBUS operator that you are dealing with is a licensee and not a franchisee. So, any fight you have with the local operator is with the local operator. If there is any legal action, it will be from or against a local company DBA TBUS whatever location. BUS and their resources will not be involved.

 

[Shaunc]

Thank you everybody this has been some awesome advice and definitely gives me a few options.My boat is coming off the hard today at the yard and moving it back to Tampa over the next two days and so next week I will get on the phone and get this process going and will update everybody. But yes, just be warned about what TB US can do to your boat.

 

[Cricket]

So, on our boat we have 3 sets of bilge pumps, bow-mid-aft.
At each station there's a lower and upper pump, the lower pumps are 24 volt and the upper pumps are 12 volt.
All of the pumps have the Ultra float switches with alarm signal.
This way if either battery charger quits the pumps are still functional.

 

[cww]

I am a lawyer. In Florida we have a statute (627.4137) that makes it mandatory to disclose any applicable insurance policies within 30 days of a demand for that information. Further, your own policy will require that you timely report any claims, regardless of whether you disagree with them, or how strongly you feel it's bullsh!t.

The net result of your refusal to report this claim or provide the insurance information required by the statute, will be that you lose any coverage for this event. If you're okay with that result, and the risk is worth it to you to fight this battle, then continue. But if you'd like to have a backstop in case something goes wrong with fighting this, then I would provide the policy number to TBUS and report the claim to your carrier like you're supposed to.

As to the merits of the underlying claim, it does sound like a grossly overinflated bill. The adjuster assigned to the claim will argue about that though, and come up with a lower amount that TBUS will agree to, and make it go away. They aren't just shelling out $12k. This is the same advice I'd give you if you paid a consult fee: You're being silly, stuff like this is why you have insurance. Don't expose yourself to risk that you've already paid someone else to take on. They have the duty to defend the claim if it's illegitimate, and the duty to pay whatever portion of it is not illegitimate, there is no sound reason beyond ego why you would take that burden on yourself after paying insurance premiums specifically to avoid that. Fighting a one-man war against insurance overbilling in Florida, of all places, is like Don Quixote jousting at windmills.

 

[Captain Ralph]

It is not just TB-US, I used to work for Sea-Tow and watched similar shenanigans preformed by Vessel-Assist in the KB area.
The things you do to pay for that fancy overpowered RIB.

Funny thing, the 3 area tow companies all called one shop up the Miami River for pollution and oil recovery (then).
Tow boats don't usually carry boom, cleaning-collecting tools or moon suits (then). These guys up river did. Wish I could remember their name.

I wonder if that company is still in business.
I wonder if such a company is available in the Tampa area.

Nothing like it in Jax but there are smaller multipurpose companies that can be called for ER clean up, after the emergency..
AFAIK, still not the tow-boat companies.

 

[cww]

Nothing like it in Jax but there are smaller multipurpose companies that can be called for ER clean up, after the emergency..

That's because in Jax people aren't insane if you accidentally spill 3 drops of diesel out the overflow until the handle clicks off. People still have common sense (and dish soap) here.

The further south you get these 20-something dockhands will give you a huge rash of sh!t and threaten to call the coast guard on you over a sheen that's so small it would long since have dissipated by the time they got there. It's nuts. One guy was yelling at me about that one day, and I got my squirt bottle of dawn out, and he just started yelling more and wouldn't let me use it. I asked him what do you want me to do, jump in and lick it up?

 

[Pascal]

I have read many times that using soap on a spill makes it worst as instead of evaporating the fuel sinks to the bottom. Some agencies incl USCG don’t want soap to be used

 

[Shaunc]

I am a lawyer. In Florida we have a statute (627.4137) that makes it mandatory to disclose any applicable insurance policies within 30 days of a demand for that information. Further, your own policy will require that you timely report any claims, regardless of whether you disagree with them, or how strongly you feel it's bullsh!t. The net result of your refusal to report this claim or provide the insurance information required by the statute, will be that you lose any coverage for this event. If you're okay with that result, and the risk is worth it to you to fight this battle, then continue. But if you'd like to have a backstop in case something goes wrong with fighting this, then I would provide the policy number to TBUS and report the claim to your carrier like you're supposed to. As to the merits of the underlying claim, it does sound like a grossly overinflated bill. The adjuster assigned to the claim will argue about that though, and come up with a lower amount that TBUS will agree to, and make it go away. They aren't just shelling out $12k. This is the same advice I'd give you if you paid a consult fee: You're being silly, stuff like this is why you have insurance. Don't expose yourself to risk that you've already paid someone else to take on. They have the duty to defend the claim if it's illegitimate, and the duty to pay whatever portion of it is not illegitimate, there is no sound reason beyond ego why you would take that burden on yourself after paying insurance premiums specifically to avoid that. Fighting a one-man war against insurance overbilling in Florida, of all places, is like Don Quixote jousting at windmills.

Awesome Thank you for great advice. After bugsy message I pretty much decided to go this route.The insurance company was put on notice immediately and a detail report of my account of the incident was sent to them.I will pursue that route as you recommended.Thank you