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?
I think it would cost you more than the board was worth with legal action.
But you are in the right and I guess if it was proven in court that he would have to pay you and court fees. Not sure about a lawer tho.
Maybe small claims?
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...
You should definitely pursue the matter through a minor debt claim. This can be lodged at the magistrates court, for a small fee. Its actually quite an easy process and you should have a favorable outcome.
1. Get the minor debt form from your local magistrates court, fill it out, make 2 copies, take them back in and pay your fee, should be under $100.
2. They will keep 1 copy and hand you back 2. You will need to serve 1 copy on the kiter, so go here to arrange a process server. debtset.com.au/
The whole idea of this process is there are no lawyers involved, so it goes to a mediator. If found in your favour, you will have a judgment against him, and then could apply for wages to be deducted etc...
Off course at anytime throughout the process, he may decide its all to difficult for his small brain and just cough up.
Heres a link with more info:
www.legalaid.wa.gov.au/InformationAboutTheLaw/WorkMoney/GoingtCourtDebt/Pages/MinorCaseClaim.aspx
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.
Kiter could claim that your gear was a hazard and left unattended with no bunting to warn of dangers eg fins etc... just joking but that's the way the world is going SAFETY THIS SAFETY THAT
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?
do you have his address go knock on his door face to face you might be able to work it out ,if stuck for board have something you can use
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'd take him to the cleaners out of pure principle of the matter.
He damaged the board, he promised to pay for the damages, and now he's trying to squeal his way out of it. If he had financial problems, it would be simple for him to sell his gear to help pay you out or offer to pay a smaller amount per month, but avoiding the situation altogether is just poor form.
My next steps would be to warn him that your intended action is now to take legal action and he will be charged for the cost of the board and the legal action which could amount to thousands of dollars.
People need to learn to take responsibility for their actions.
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.
How come the guys name has been removed from the thread by site admin?
The guy was willing to give his name when he initially damaged the gear but has now back pedalled after finding out the cost of his incompetence.
I say name him and shame him
what the hell did he do to the board to make it unusable? i wouldhave just taken his kite until he payed up..
The guy has to be a WAKSA member. Surely people would not go kiting at a spot where you HAVE to be a WAKSA member if they were not.
www.waksa.org.au/locations/?view=location&id=23
as this guy seems like a bit of an oxygen thief, I'd be very supprised if he was.
WAKSA should be able to help out here tho.
Going down the small claims path is the way to go.
Best of luck sorting this out.
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.
mate you are an arse go lurk somewhere else.
Fristly,,WOW,, nearly $3000 for just a board when they can make a custom in 7mins.
Once you add a sail,mast boom you must be up for $5000
Im not sure how they can make a board and charge that much and not feel guilty taking your money,,,but thats off topic.
If you are paying that much for your gear I hope you insure it.
I think you should have struck while the iron was still hot,,not waited for months and months.
Dont take it to court and be all "American" about it, man up and do it like back in the day and confront him and sort it out.
The "take it to court" yankie "Im gunna sue ya ass" is not what we want Australia to become. Its become enough of a granny country as it is.
Man up Australia.
PS waveslave,,,just pay up already.
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.
Thanks,, Im always glad to share my wisdom.
And just think,,,we are the future of Australia and will be running the country soon.
If i ran the country,first thing i'd do would be to stop the spraying of those trails,which supposedly are being used to combat a problem that doesn't even exist.....global warming.
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
