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Philis
Philis
33 posts
33 posts
15 Dec 2008 3:17pm
it was not so bad answers thanks guys
Saffer
Saffer
VIC
4501 posts
VIC, 4501 posts
15 Dec 2008 5:25pm
Its an interesting question though. I'm not actually sure whether he is actually liable to pay for damage. I don't believe he was negligible in riding over your board, because right of way doesn't really apply to stationary objects. (your weren't riding on your board at the time)
Paul1
Paul1
QLD
1011 posts
QLD, 1011 posts
15 Dec 2008 6:12pm
If the windsurfer was unable to see a 1.35m long, red object floating in the water, then he is a danger to all other water users and should be liable.
Bigwavedave
Bigwavedave
QLD
2057 posts
QLD, 2057 posts
15 Dec 2008 6:20pm
Were you riding within 30m of him when you crashed? Was he riding within 30m of you? hmmmmm conundrum.....

The chance you take when kiting amongst other water craft.

Suck it up, buy another board and learn from the experience.
Saffer
Saffer
VIC
4501 posts
VIC, 4501 posts
15 Dec 2008 7:22pm
Paul1 said...

If the windsurfer was unable to see a 1.35m long, red object floating in the water, then he is a danger to all other water users and should be liable.


There are a lot of factors which affect this include reflection off the water by the sun, chop, how the board is lying in the water etc. You also find a person who is riding is more likely to be looking at the kiter to see what they are doing than the water in front of them. I think its a little early to be calling the windsurfer a danger to other water users at this stage.
Paul1
Paul1
QLD
1011 posts
QLD, 1011 posts
15 Dec 2008 6:29pm
Saffer said...

Paul1 said...

If the windsurfer was unable to see a 1.35m long, red object floating in the water, then he is a danger to all other water users and should be liable.


There are a lot of factors which affect this include reflection off the water by the sun, chop, how the board is lying in the water etc. You also find a person who is riding is more likely to be looking at the kiter to see what they are doing than the water in front of them. I think its a little early to be calling the windsurfer a danger to other water users at this stage.


Yes, very true, glare could have been a problem, but if he was really paying attention to the guy kiting in front of him, he surely would have watched him lose his board, or be aware that he had no board? No-one will ever know the truth except the windsurfer, who was keen to pay up to start with, so I presume he felt guilty for some reason?
poor relative
poor relative
WA
9106 posts
WA, 9106 posts
15 Dec 2008 5:35pm
The cut is approximately 10 cm in length running diagonally across the board. Because of the length and severity of the cut, the board is not able to be repaired.


There are some ingenious craftsmen in perth that can do magic with boards.
try Damo or Kaos69 i am sure they would be able to do a repair.

Unfortunate accident you had, don't expect anything from the person concerned sometimes its just the way it goes.
knot board
knot board
QLD
1241 posts
QLD, 1241 posts
15 Dec 2008 6:47pm
It would be pretty safe to say the windsurfer didn't intentionally run over your board. Windsurfing fins are very expensive and he is unlikey to risk damaging his board on purpose. Maybe he was coming over to check on your wellfare, you did say your kite was down in the water within an exclusion zone.

Even if you manage to win an insurance claim you are not going to have a payout before to go home. I'm not even convinced insurance would cover this type of incident.

No damage is ever too bad to repair, if you are going to throw the board away anyway why don't you try to repair it with fibreglass and a splint. It might look terrible but you can kite for two more weeks then throw it away before you leave.

I hope you don't leave Australia on a bad note, just chalk this one up to experience and get over it.
Wet Willy
Wet Willy
TAS
2317 posts
TAS, 2317 posts
15 Dec 2008 8:56pm
So you left your board floating unattended, and caused a windsurfer to have an acccident in which he broke a harness line (presumably a nasty catapault) and could have been injured and/or suffered expensive equipment damage.
What's your excuse again?

I had a collision with an unattended kiteboard a few weeks ago...like yours, it was bright red in colour, but believe me it was not all that visible - I'm always looking out for plastic bags, big jellyfish etc, but this thing had a fancy painted design which served to break up it's outline and was mostly submerged anyway; in the 0.03 seconds I had before hitting it I could've sworn it was a shopping bag, until I heard the loud crack of my fin against it.

There were no kiters in sight so I went ashore with the kiteboard balanced on the nose of my windsurf board...as soon as I stepped onto the sand, a guy came up and took it, said "thanks man" and disappeared. I hadn't even had a chance to check my board and fin for damage.

LUCKILY I did have time to examine the kiteboard - it had had a nice big chunk taken out of it! And it turned out that my equipment was undamaged!

"Thanks, man!"

gazza
gazza
WA
647 posts
WA, 647 posts
15 Dec 2008 6:59pm
knot board said...

It would be pretty safe to say the windsurfer didn't intentionally run over your board. Windsurfing fins are very expensive and he is unlikey to risk damaging his board on purpose. Maybe he was coming over to check on your wellfare


Ive often been sailing in the ocean and have seen a kite board floating around.
i often look for the kiter to see if he/she is OK or near.

on occasions i have turn around to go and try and pick the board up and just cant see it due to chop or glare, even though you know its there you just cant see it.

I feel for you mate but that's the risk it may not feel fair but that's just the way it is.
Interesting thing though if it was yourfault and you damaged his board sounds like you couldn't afford to fix his board anyway so maybe its not a good idea for you to kite in areas where others are near,Just a thought

Thanks for not automatically bagging the windsurfer i know its hard to believe but we do often look out and offer help for kiters in trouble as i cant imagine its much fun losing and looking for your boards 1/2k out to sea
mtcan
mtcan
QLD
251 posts
QLD, 251 posts
15 Dec 2008 8:05pm
if he didn"t see it bad luck it happen
hoop
hoop
1979 posts
1979 posts
15 Dec 2008 7:41pm
If you were to windward of him I would say you were in the wrong. (windward vessel keeps clear) I'm not sure what this 30 metre thing is all about. Sounds like it was made up on the spot.
If you have a ding 100mm long ,bog it up and put some glass on it, sorted. Might not look pretty but you'll get back on the water in no time.
lostinlondon
lostinlondon
VIC
1159 posts
VIC, 1159 posts
15 Dec 2008 9:59pm
I think you just have to chalk it up to bad luck and get the repair done mate. Unlucky is probably the best way to describe your situation. Better that windsurfer fin went into your board than into your leg...
TurtleHunter
TurtleHunter
WA
1675 posts
WA, 1675 posts
15 Dec 2008 8:22pm
All vessels must travel at a safe speed for the prevailing conditions. Something like that.
So maybe the windsurfer was in the wrong. Good luck.
echostorm
echostorm
QLD
1245 posts
QLD, 1245 posts
15 Dec 2008 9:51pm
gazza said...

knot board said...

It would be pretty safe to say the windsurfer didn't intentionally run over your board. Windsurfing fins are very expensive and he is unlikey to risk damaging his board on purpose. Maybe he was coming over to check on your wellfare


Ive often been sailing in the ocean and have seen a kite board floating around.
i often look for the kiter to see if he/she is OK or near.

on occasions i have turn around to go and try and pick the board up and just cant see it due to chop or glare, even though you know its there you just cant see it.

I feel for you mate but that's the risk it may not feel fair but that's just the way it is.
Interesting thing though if it was yourfault and you damaged his board sounds like you couldn't afford to fix his board anyway so maybe its not a good idea for you to kite in areas where others are near,Just a thought

Thanks for not automatically bagging the windsurfer i know its hard to believe but we do often look out and offer help for kiters in trouble as i cant imagine its much fun losing and looking for your boards 1/2k out to sea


Oh gazza... what a pleasant change to see a nice windsurfer
KiteAction
KiteAction
QLD
337 posts
QLD, 337 posts
15 Dec 2008 10:16pm
Really bad case of bad luck.Dry your eye's sunshine and push on!

Lucky no one was hurt.










Gorgo
Gorgo
VIC
5124 posts
VIC, 5124 posts
15 Dec 2008 11:20pm
hoop said...

If you were to windward of him I would say you were in the wrong. (windward vessel keeps clear) I'm not sure what this 30 metre thing is all about. Sounds like it was made up on the spot.
If you have a ding 100mm long ,bog it up and put some glass on it, sorted. Might not look pretty but you'll get back on the water in no time.


Under Victorian rules a boat must not exceed 5 knots within 50 metres of a person in the water or another boat unless they are in a race or in a designated boating zone. So technically the windsurfer is in the wrong. I expect all States have similar rules.

The easiest thing is to get some waterproof epoxy putty, whack it in good and solid, sand it, go kiting. It's actually quite nice having a beat up board. You can ride it up over the sand and shells and stuff and not care.

You buy epoxy putty from a hardware store. It comes in a plastic cylinder with the catalyst embedded in the middle of the putty. You just knead well it to activate it then push it well into the hole. Maybe use a putty knife to smooth it off a bit. For little dings you can use Araldite to fix them. It works fine and holds forever. You can also wank around on the beach about how you are an expert because you do your own board repairs.


Plan B is to go round to the guy's house, kidnap his kid and torture it. That would make you feel better.
Poida
Poida
WA
1922 posts
WA, 1922 posts
15 Dec 2008 9:22pm
as kiteaction said ^^^^^^^^^^
Wet Willy
Wet Willy
TAS
2317 posts
TAS, 2317 posts
15 Dec 2008 11:53pm
Philis said...

Before I fall he was far away from me (could not even see him)


If you couldn't see him, how do you know where he was?

afterwards I launched my kite (in the meantime time my Board was around 5m away from me and during this time were I was trying to get the Kite out of the water he went behind me over my board!




Of course he went behind you, because you had these bl@@dy long lines in front of you! You were blocking him; perhaps he originally wanted to go downwind of you.


Please try not to take up the whole ocean with your equipment, eh? And next time you come to Australia, may I recommend the wonderful scuba diving? Not to mention hiking in rainforests, wine tours, bbqs-- you'll love it!
Danger Mouse
Danger Mouse
WA
592 posts
WA, 592 posts
15 Dec 2008 9:55pm
Wet Willy said...

So you left your board floating unattended, and caused a windsurfer to have an acccident in which he broke a harness line (presumably a nasty catapault) and could have been injured and/or suffered expensive equipment damage.
What's your excuse again?

I had a collision with an unattended kiteboard a few weeks ago...like yours, it was bright red in colour, but believe me it was not all that visible - I'm always looking out for plastic bags, big jellyfish etc, but this thing had a fancy painted design which served to break up it's outline and was mostly submerged anyway; in the 0.03 seconds I had before hitting it I could've sworn it was a shopping bag, until I heard the loud crack of my fin against it.

There were no kiters in sight so I went ashore with the kiteboard balanced on the nose of my windsurf board...as soon as I stepped onto the sand, a guy came up and took it, said "thanks man" and disappeared. I hadn't even had a chance to check my board and fin for damage.

LUCKILY I did have time to examine the kiteboard - it had had a nice big chunk taken out of it! And it turned out that my equipment was undamaged!

"Thanks, man!"




Ok, so one kiter was inconsiderate so we're all like that and all deserve anything bad that happens to us or our equipment? I bet your view of all windsurfers wouldn't be soured in the same way if there way an inconsiderate guy that cut you off or crashed into you, it would just be that the one guy was a bad egg.

This type of attitude helps nobody mate, not even you.

Wet Willy said...

Of course he went behind you, because you had these bl@@dy long lines in front of you! You were blocking him; perhaps he originally wanted to go downwind of you.


Please try not to take up the whole ocean with your equipment, eh? And next time you come to Australia, may I recommend the wonderful scuba diving? Not to mention hiking in rainforests and beautiful, rugged forests, wine tours, bbqs-- you'll love it!


Ok, fun fact for you so you can't complain nobody's told you.
Kiter in the water body dragging = Board upwind from the kiter 90% of the time.

D
nebbian
nebbian
WA
6277 posts
WA, 6277 posts
15 Dec 2008 10:30pm
I ran over a kiteboard the other day, lucky I was just slogging (going at walking pace). Funnily enough I was watching another lost kiteboard, wondering if it needed rescuing... and then KLONK I hit this one. No chance of damage at that speed.

No windsurfer will intentionally run over anything, as others have said it might damage their fin or board. And kiteboards are hard to see, especially when they're upside down.

Sorry to hear about your accident, but really that's all it is -- an accident. Buy some fibreglass and some proper epoxy (don't use 5 minute araldite it goes soft) and fix it yourself. Easy peasy japanesy
Bigwavedave
Bigwavedave
QLD
2057 posts
QLD, 2057 posts
16 Dec 2008 7:44am
Under Victorian rules a boat must not exceed 5 knots within 50 metres of a person in the water or another boat unless they are in a race or in a designated boating zone. So technically the windsurfer is in the wrong. I expect all States have similar rules.


In some states sailcraft are not required to adhere to speed restrictions for various reasons. (no control at low speed etc) When does a kiter cease to be a craft and become a person in the water? There are too many fuzzy grey areas to start speculating as to who is at fault.

Why look at pointing the finger of blame? You risk damaging your gear when doing any watersport in a crowd.

Harden up, get a job and stop whining......please!
Mr float
Mr float
NSW
3452 posts
NSW, 3452 posts
16 Dec 2008 8:53am
Nothin ,this is Australia mate,tough luck
how can I send you one of these it might make you feel better ?



average Joe
average Joe
NSW
18 posts
NSW, 18 posts
16 Dec 2008 9:23am
^^^

What does the fact that this is Australia has to do with anything?

Would it make any difference if the guy was a local?
RAL INN
RAL INN
SA
2898 posts
SA, 2898 posts
16 Dec 2008 9:05am
average Joe said...

^^^

What does the fact that this is Australia has to do with anything?

Would it make any difference if the guy was a local?


If it were a Local there would be no post to start with.

I'm sure you have kited close to others in water, it's the nature of the sport.

No case to answer.

I also think that 30m comment was the result of an over active imagination.
sunseeker
sunseeker
QLD
1203 posts
QLD, 1203 posts
16 Dec 2008 8:40am
The windsurfer is not liable for anything. It's the nature of the sport. Same happens in surfing. If you lose your board and someone hits it that's your problem. There's no way he rode over it on purpose. I'm surprised that he even contacted his insurance - there's no way any insurance company would cover you running over someones board.

On the same note you would not have been liable if his board had been damaged.
pearl
pearl
NSW
984 posts
NSW, 984 posts
16 Dec 2008 10:34am
Haven't you ever lost your board? Not been able to see it for a moment? Had a big fluro kite appear from nowhere that was in your blindspot? This 'look for someone to blame/sue' mentality can go back to America
It's just bad luck. Everyone that surfs knows what it's like to cleaned up by someone (usually when you just get a new board). Some people offer to pay for repairs, but more often than not, don't. It's annoying to have to get repairs done. Have your new board looking decidedly old, but at least you weren't injured. Fix your board & GET OVER IT.

au_rick
au_rick
WA
752 posts
WA, 752 posts
16 Dec 2008 10:06am
helmet ? check
flack jacket ? check
here we go.....

if you'd been wearing a leash you wouldn't have got your board damaged :)
colinwill78
colinwill78
VIC
1395 posts
VIC, 1395 posts
16 Dec 2008 3:22pm
au_rick said...

helmet ? check
flack jacket ? check
here we go.....

if you'd been wearing a leash you wouldn't have got your board damaged :)



leashes kill people

there you go.
Cezar
Cezar
VIC
270 posts
VIC, 270 posts
16 Dec 2008 3:44pm
A kiteboarder with a leash is not kiteboarder he/she is ... I dont think I can use this word on this forum.
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