Compensation of 15,000 euros for the skipper of the sailboat split by the ‘Dune’

Jaume-Llobet-i-Lluís-Burgués-bis

TENACOUS SKATEBOARDERS Jaume Llobet, on the left, and Lluís Burgués, on the right, have satisfactorily assessed the final outcome of the dispute with the ‘Dune’. Llobet has ironically commented that “the French navigator underestimated the fact that skaters are very tenacious when we set out to do something and believed that if we were long and evasive we would give up.”

(8-7-2012). Lluís Burgués, skipper of the ‘Alegría’, has just received 15,147.12 euros from an insurer, which includes compensation plus the costs of the process, three years after the French sailboat ‘Dune’ rammed him and split his skid in half by candle

Tuesday, July 12, next week will be three years since the French sailboat ‘Dune’, captained by Erick Coll, rammed the sailing sled ‘Alegria’, skippered by Lluís Burgués, who was sailing tacked to starboard. The ‘Dune’ was participating in the Puig Vela Clásica Barcelona regatta that July 2019, while the ‘Alegría’ was also in a training competition in a test organized by the BISC.

As a result of that collision in which Burgués was catapulted out of his boat but did not suffer any physical injury, his sailboat was split in half by the ‘Dune’.

On July 12, 2019, at 2:30 p.m., going on the starboard tack, the sailboat ‘Alegría’ was run over by the sailboat ‘Dune’, which was going to port and split the boat into two halves.

THREE YEARS

Three years have been necessary for that boarding that left the ‘Alegría’ totally sinister (the repair was valued at 22,000 euros) has concluded favorably for its employer.

And it is that despite the good intentions of collaboration of the Catalan Sailing Federation and the Adipav that Burgués emphasizes that “at the beginning they supported me morally and assured me that, if necessary, they would try to help me with the costs of the claim”, at In the end, it was the skater who had to face the entire process and its expenses alone.

NONE

The skipper of the ‘Alegría’ has not yet forgotten, and admits that he doubts that “he can ever forget it”, the rudeness and arrogance of the skipper of the French ship that annihilated his boat. As he evokes, “he always defended that he was in a regatta, that he did not have to be attentive to the existence of ‘artifacts that floated by the sea’, that his regatta was very important… He treated me like a nuisance and always got rid of me as if that accident was a trifle and it wasn’t with him”.

Lluís Burgués admits that “that mishap was very big for me and I felt very lost. There were hardly any ‘instructions’ on what to do when something so big happens to you”.

That is why when he saw that the official support would be limited and the very long and complex process, the sky opened up to him when he received the proposal from Jaume Llobet, a skater who, like him, sailed in the BISC and who, precisely, also participated in that test of the ‘ day of acts’. Llobet proposed to Burgués to go to a law firm that he knew to defend him.

CASE “PRESCRIPTED”

However, the intervention of that law firm would not be as profitable as Burgués and Llobet had hoped. “After nearly two years ‘marrying the partridge’, at the end of last year, they told me that the case had prescribed and nothing could be done”, explains the skipper of ‘Alegría’.

Jaume Llobet adds that “the response of that law firm seemed unacceptable to me. It could not be that the skipper of a ship sailing without preference would destroy another ship that was sailing with preference and come out unscathed. Nor could it be that the case had prescribed. I came to the conclusion that the topic was not convenient for them and that they had gotten rid of us”.

START OVER

Llobet acknowledges that “as the months went by, that event obsessed me. It seemed to me a flagrant injustice what was happening to Lluís”.

That obsession shared by both skaters ended up leading to the finding of a new law firm, in this case, specialized in international maritime law, and, according to Llobet, “without ‘burdens’ of obligations to third parties as had happened with the previous one”.

Mestre Abogados took on the case at the end of last February. Those responsible for him confirmed to the skaters that the case had not prescribed.

AGREEMENT

Burgués and Llobet explain that, “after Mestre Abogados took action on the matter, the case began to flow. The ‘Dune’, the owner and the insurance company were located in Corsica. Said law firm presented a well-argued and consistent lawsuit against the insurer of the ‘Dune’. She this one, after evaluating it, finally decided that the best thing was to reach an agreement ”.

The agreement has meant that the insurer Naïf has already assumed and paid Lluís Burgués the compensation requested for a new boat, as well as the costs of the process. In total they have been 15,147.12 euros.

Lluís Burgués and Jaume Llobet had dinner together yesterday in Sitges, with their respective partners, to celebrate the result of their tenacity. Both were satisfied and happy with the final outcome.

Next week (July 13 to 16) the Puig Vela Clàssica Barcelona 2022 is scheduled. At the moment, among the 29 boats registered so far, the ‘Dune’ is not registered, nor is its owner and skipper, Erick Coll …

ACTION PROTOCOL

As a result of the long journey that the ‘Alegría’ vs. ‘Dune’ case has taken them, both skaters have drawn up an action protocol so that sailors know what steps to follow in the event of suffering a mishap like the one suffered by Lluís three years ago Bourgeois.

The document, “duly verified”, according to Llobet, is set out below.

Action protocol in case of collision

1- Identifies the opposing boat with the registration, port to which it belongs, data of the skipper and data of the owner, identification of the insurance policy and the company of the boat.

2- Describe a clear narrative of the incident in writing.

3- Hire a specialist expert to assess and quantify the damage suffered.

4- Submit a report of the boarding with all the data and witnesses of the events to the Maritime Captaincy of the area.

5- Hire a law firm specializing in maritime law and with proven experience in international collision claims.

6- Remember that collisions between ships expire after two years.

7- Only a professional will make an insurance company located in another country respond for a ship with a flag and a port outside the national territory.


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