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Gentlemen:


Many boaters don’t know the difference between towing and salvage. Towing assistance, fuel deliveries, battery jumps and soft groundings are covered under membership programs such as the BoatU.S. Towing Program. Unlimited towing coverage will get you home if your boat suffers a mechanical failure but is otherwise sound. Your insurance policy will cover you if your boat is sinking or in some other peril. That is salvage.

U.S. Courts have defined salvage as a situation where there is marine peril, the services rendered were voluntary (no pre-existing obligation to assist exists) and success, in whole or in part, by the service rendered by the salvor. They go on to say "...it is not necessary that the danger be actual or imminent; it is sufficient if, at the time assistance was rendered, the vessel was stranded so that it was subject to the potential danger of damage or destruction." On the other hand, simple towage is defined as having taken place when a tow is called for or taken by a sound vessel as a mere means of saving time, or for considerations of convenience. The hallmark of towing is the absence of peril. I think we can all agree that a boat “taking on water, losing power, GPS inoperable”, unsure if their radio is transmitting in open ocean at night shooting flares is in danger and does not qualify as a towing situation.

How we get paid for salvage service is determined is based on a long standing US Supreme Court decision called Blackwell. Items such as the degree of danger from which the vessel was rescued; post-casualty value of the vessel saved; risk to the salvors crew and equipment; promptitude, skill and energy displayed in rendering the service and others are addressed.

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