Collision vs. Allision: Key Maritime Legal Differences

Collision?
How come?

Collision vs. Allision: Key Maritime Legal Differences

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All I can say is that I followed the terminology in the report.

I have to admit that in a full naval and maritime career and yachting life I never once heard the term “allision” until I happened upon this forum and started chatting. I had to look it up. I simply suggest we simple Aussies don’t need or understand the term. There may be legal technicalities but they don’t seem to bother the officials producing reports like this. Our vernacular might be “prang”, “bingle”, or “whoopsie”, all of which mean much the same.

I am not complainimng you have used this terminology . I am a bit surprised it was used by authors . There was some discussion here on allision/collision isue when Stena tanker was hit by a feeder a while ago . The link provided explains the differences . And as to “simple Ausies “ after following for some years AMSA web links stay assured one can quickly be converted from having such opinion and use “complicated Ausies “ term instead. :winking_face_with_tongue:

Cheers

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Allisions is hitting a fixed object like a pier or bridge. Collision is between two vessels at least that the way it is defined in admiralty court

This is the dictionary definition of collide: to come together with solid or direct impact

That’s what happened when Maersk Shekou struck the Leeuwin. The distinction between collision and allision is a legal matter and is not relevant for the purposes of an accident report.

the verb would be to allide with

Is that what he is alluding to?

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I never heard the term until I moved to the office and had to deal with insurance companies and adjusters.

If you’re a captain and make a landing and a fifty-year old rotten snaggletooth piling finally snaps after a thousand other boats battered it already, you just file a report to the home office.

But the next day the office gets a nasty-gram from the dock owner serving notice that your negligent captain smashed a brand new piling from sheer incompetence and will you be sending the $20,000 by check or wire?

That’s when the port captain starts reading ‘allision’ in emails from adjusters and P&I clubs and surveyors and lawyers. The normal deck officer may go a lifetime without hearing it because they don’t pay the bill.

In the same vein are ‘maximum medical cure’ and ‘blue card’.

BTW the word is not in the Scrabble dictionary but Alliak—an Inuit sledge—is.

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Difference in legal context is the “Oregon Rule.” In an allision, the (moving) vessel is presumed to be at fault. There is no such presumption in a collision. See The Oregon, 158 U.S. 186 (1895).

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Therefore surely the final report would not change even by an iota if it was named allision instead of collision.

In the case of Stena Immaculate there was a barrage of news ,articles , OPPINIONS originating from US ( Including Crowley statements ) describing the incident as allision .
Somehow You have not objected then :winking_face_with_tongue: . Did not see any quotes fm dictionaries then.

My way of dealing with my amnesia is to use the search engine available on this forum and hit “allision vs collision & Stena immaculate “ in order to examine what was said by whom and when, taking care of not contradicting myself versus previous published posts. Just saying.

Happy we agree at least, that irrespective the name used in the investigation report the result of it’s findings would not be affected.

How about agreeing on the following . Collision in a maritime sense is when COLREGS must kick in, in order to establish the degree of fault/blame and allision is when COLREGS can rest unperturbed .

Cheers.

You are correct. I did alot of dock damage representing the ship and or P&I club.

lots of rotten wood fender piles. I prevailed so many times against the port of San Francisco that when i would go out on a claim, they sent down a city attorney along with the wharfinger to survey the damage.

i used to spray paint the tops of the pilings with the pile number for location purposes and take a picture

also so they couldn’t report the same pile damage a month later, which happened quite a few times

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