Earlier this winter I windsurfed in a good onshore storm at Cottesloe. When returning to my gear from a short rest I was approached by kiter [admin: personal information removed] explaining he was picked up by a gust and unfortunately landed on my board which was laying on the beach. He apologised and assured me to cover for the damages.

The damage assessment concluded repairing to original state was not possible, so the board is a write off. I paid 2850 $ for it...

When the kiter discovered his insurance does not cover him, he has avoided all contact and clearly does not live up to his promise to cover for the damages.

Has anyone experienced a similar situation? Is it worth filing a legal case in this situation?

Maybe he should give you his kiting gear to trade in to replace your board. Considering you cannot sail then it should be the same for him.

AB...

It's very common that at the time of an accident, the other party who is clearly in the wrong will promise anything just to get clear of the immediate situation, be it a minor road accident, a surfboard blowing off the roof of their car and smacking into your car, or a kitesurfer demolishing your board on the beach.

The reality is, some time after the event they don't feel the same urgency to agree to pay anything and the tendancy is not to cough up even one cent.

It's just the way some people are.
I've been stung a few times so now I never take anyones word in these situations even if it's from a catholic priest. Why not? My brother got robbed by a priest in exactly the same way.

These days, take lots of photos at the time and preferably showing the other parties board or car or themselves. At least then they know you have a bit of leverage.

The only time this wont be necesary is if it's me, because I try and do the right thing by everybody.

I think there would be some method of taking action quite cheaply but I don't know the procedure.
If the other party is some pennyless waster then there's not much point because even if you get a ruling against them you stil don't get any money. Although it does stuff up their credit rating if they don't pay and you report it.

Agree with Magnus8 - it is easy enough, little cost and worth it.

Was he a WAKSA member? That area is WAKSA only, so if I were you I'd contact them as their membership has some insurance component. Then you will get the real story - for example, he might be just bluffing to avoid his $100 excess but he is in fact covered. I dunno, but WAKSA will

Seeing as though the sebreezes have started, are you going to be down a board and can't sail at all? That would suck... If you don't have a spare I'm sure the S.B community could rustle up something for you. If so, what size do you need?

Thanks for all the advice, appreciate it. I have been trying to resolve this issue directly for months now but as I see no solution nearby, I resorted to the forum.

People even offering me boards to use, but Alberto from Windshack already provided a decent replacement while I'm waiting for a fresh one...

I hope you can get recompensed for the damage.

Key thing is to have evidence. Anything in writing. Any witnesses.

Unfortunately you cant trust anyone to keep their word, so although it would be great to be able to 'settle things as gentlemen' its probably in your best interests to try to get evidence at the time.

Its a bit like having your car damaged where you parked it.

what the hell did he do to the board to make it unusable? i wouldhave just taken his kite until he payed up..

Who was his insurance with?

Why are there some places where you have to be a WAKSA member to sail there?

Some helpful ideas in this thread. I hope you get your compensation Frans.

what if said kiter had broken his leg by a carelessly left unattended windsurfer board that had been placed in a position where it or someone could be damaged??

Wow 3K for a board, not to mention mast,sail, boom. That must be like $5 or $6K right there. I wouldn't leave it sit anywhere unatended!
But regardless, pretty rotten.

C'mon name (address) and shame!

hamburglar said...

what if said kiter had broken his leg by a carelessly left unattended windsurfer board that had been placed in a position where it or someone could be damaged??

Like those careless council's, leaving there buildings, fences, powerlines, carparks, tree's where useless kiters can hurt themsleves on them..

Wow the dynamic duo have arrived with their words of wisdom.

All we need now is the waveslave to make it the trio of terror.

lotofwind said...

Thanks,, Im always glad to share my wisdom.
And just think,,,we are the future of Australia and will be running the country soon.

Are you Tony Abbott?

I once had a novice loose control & his rig blew across the car park hitting one car taking the roof rack off then it wrapped around back of my new car causing damage the owner offered to pay after I cracked the ****s after getting some quotes I took them to him but he said no no sorry so I just told him ok i'll let my insurance chase you he then cought up the money

OMFG,JUSTHTFU