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  #21  
Old 07-25-2012
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Re: My Boat was Hit Bad

Agreed, it's easier to fix or God forbid replace a boat than a person.

Hard to tell from the picture. Was she damaged at the hull/deck joint?
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  #22  
Old 07-25-2012
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Re: My Boat was Hit Bad

You have been given lots of advise, which all seems good. Unfortunately everyone is avoiding another issue. My wife is a practicing clinical psychologist, and I have spent more nights than I care to remember in emergency rooms. What follows is hard won experience.
Your home was invaded and smashed. Fortunately by someone willing to take responsibility for his actions, but your home, your precious space was invaded. Not just your home space, but your personal space was violated. Your space, and you, have been violated. That is a four letter word.
If you are not really angry about it, you will be, and should be. The literature is replete with articles showing that when one's home is invaded, there is a sense that one's persona has been violated.
Every time you have to deal with the situation you will be reminded of the injury to your property, and also to you, and the knife will be twisted in your wound.
Therefore get a personal representative to take the matter off your hands and deal with it so you do not have to have your face rubbed in having been violated at every turn. In this day and age that means a lawyer. One who will represent you fairly, without being vindictive. If you are vindictive, you will not feel good about yourself. So demand what is appropriate for you, not a jot less, and not a jot more.
You are entitled to be made whole again. That does not mean camping out in miserable living circumstances while some idiot debates whether they will use widgets or wadgets to repair the wangedo. That means being treated like the lady you so obviously are.
Please practice in front of a mirror drawing yourself up to your full imperial height, looking down your nose at the *** before you and declaiming "There are some questions a GENTLEMAN never asks a LADY." Instruct your lawyer to interject , if an answer is demanded, "Oh, so now we have established you are not a gentleman." Quietly.
If you are not angry, you should be. Anger requires some physical release. Go out and crew on every possible beer can race series. (Anybody out there ready to help a fellow sailor?) And talk talk talk to all your friends about the accident. Talk brings release.
And finally, and probably most importantly, although I do not know you, from you postings I have a sense of the sort of person you are. You are obviously real quality. I would be pleasured to know you, and honored to call you friend. I hope others will join me in this.
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  #23  
Old 07-25-2012
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Re: My Boat was Hit Bad

Get a good maritine lawyer they cost but are worth their salt
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  #24  
Old 07-25-2012
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Re: My Boat was Hit Bad

You can fix it and it's safe to move it. I rammed the hell out of my 40 foot dive boat backing in to a cement dock when the gear shift broke. Did way more damage. You can cut a boat in half and glass it back together. Get some plastic and duck tape for now...and get more money than it actually cost's to fix and take your self out on the town for your trouble.
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  #25  
Old 07-25-2012
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Re: My Boat was Hit Bad

Quote:
Originally Posted by dongreerps View Post
You have been given lots of advise, which all seems good. Unfortunately everyone is avoiding another issue. My wife is a practicing clinical psychologist, and I have spent more nights than I care to remember in emergency rooms. What follows is hard won experience.
Your home was invaded and smashed. Fortunately by someone willing to take responsibility for his actions, but your home, your precious space was invaded. Not just your home space, but your personal space was violated. Your space, and you, have been violated. That is a four letter word.
If you are not really angry about it, you will be, and should be. The literature is replete with articles showing that when one's home is invaded, there is a sense that one's persona has been violated.
Every time you have to deal with the situation you will be reminded of the injury to your property, and also to you, and the knife will be twisted in your wound.
Therefore get a personal representative to take the matter off your hands and deal with it so you do not have to have your face rubbed in having been violated at every turn. In this day and age that means a lawyer. One who will represent you fairly, without being vindictive. If you are vindictive, you will not feel good about yourself. So demand what is appropriate for you, not a jot less, and not a jot more.
You are entitled to be made whole again. That does not mean camping out in miserable living circumstances while some idiot debates whether they will use widgets or wadgets to repair the wangedo. That means being treated like the lady you so obviously are.
Please practice in front of a mirror drawing yourself up to your full imperial height, looking down your nose at the *** before you and declaiming "There are some questions a GENTLEMAN never asks a LADY." Instruct your lawyer to interject , if an answer is demanded, "Oh, so now we have established you are not a gentleman." Quietly.
If you are not angry, you should be. Anger requires some physical release. Go out and crew on every possible beer can race series. (Anybody out there ready to help a fellow sailor?) And talk talk talk to all your friends about the accident. Talk brings release.
And finally, and probably most importantly, although I do not know you, from you postings I have a sense of the sort of person you are. You are obviously real quality. I would be pleasured to know you, and honored to call you friend. I hope others will join me in this.
Or you could just plug the hole with a pillow, shrug your shoulders, drive it to dock and hire some glass ratt to cut out the bad part and fix it.
jholder and Jgbrown like this.
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  #26  
Old 07-25-2012
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Re: My Boat was Hit Bad

dongreerps and all,
When I first saw the damage, I was horrorstruck, because yes, this is my home, and yes, I love this boat. I named her after a character from my novel, so to me, Libby the boat has ties to Libby the character. She's "the instigator of all things brave." When I saw the hole in her, my heart broke. My home, my baby, my princess, my preciousness. I've put work into her, and working on a boat equals loving a boat. I've sailed her solo. She and I have a relationship. Of course I know she's an inatimate object, but she doesn't feel that way. We take care of each other. Right now, my biggest goal, what's keeping my mind abuzz, is making her well again.

I've been working on getting all of this sorted out ever since, talking about it a lot. Yesterday afternoon I nursed a terrible headache, was tense all night long, and stressing out, mostly because I'm not sure what's going to happen next and because my home was violated. There's a hole in my bedroom. I've gotten onto the phone with the insurance company and have gotten the proverbial ball moving. Their surveyor came out today, the boat yard rep is coming out tomorrow at 0700 for a repair estimate. My body is showing signs of stress and I'm listening. You'll be pleased to know that I'm an avid kick boxer. I missed class last night and this morning, but I'll go tomorrow night to relieve some of the tension. I'll also go for a brisk walk this evening to help flush some of these emotions out of me. Exercise is great and I believe in its healing powers.

Right now I'm still in the state of busyness, trying to make it all okay again, collecting facts, numbers, and recording every single thing that happens during this process. I've had people in the sailing community offer their help, in addition to the abundance of great advice. For right now, I'm okay, but as you know, these sorts of things have a delayed reaction. My mom is constantly checking in to make sure I'm handling it. Stress takes its toll, and I'm monitoring myself closely.

I started this thread last night, and this morning before talking to anyone, I read everyone's responses. I'm doing everything I can to ensure I'm doing this right. Libby isn't just a toy to me, she's my home, my gateway to adventure, and part of my identity. I have treated the situation urgently, and so far the insurance company has complied and worked with me. I'm trying to stay as levelheaded as I can.

I'm so thankful for the sailing community. You guys rock my toe-socks. I'll know more about what's going to happen tomorrow morning when I get a rough cost estimate, but won't know what will happen for sure until the insurance company gives the repair a yay or nay vote. I'm hoping and praying for the best, whatever the best is.
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  #27  
Old 07-25-2012
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Re: My Boat was Hit Bad

Quote:
Originally Posted by mtgayrum View Post
Get a good maritine lawyer they cost but are worth their salt
One of my graphic design clients practices maritime law. If I need to, I'll give him a holler.
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  #28  
Old 07-25-2012
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Re: My Boat was Hit Bad

ck, don't wait, ask that client now. Better to be armed in advance.

"Typically, if the estimated cost of repairs is greater then 50% of the boats insured value, the insurance co. will deem it a Constructive (?) Total Loss, or CTL." Caleb makes a point BUT I believe that only applies to your own insurer, as a matter of policy statement. In this case, the other guy's policy doesn't matter, he damaged your boat and home, and it is usual under liability law that the damaged party must be "made whole" again. Whether his policy has limits is not your concern right now. If they don't want to fix it, tell 'em to replace it, and to of course put you up in a decent local hotel while they're waiting to find the replacement vessel. Ka-ching, they'll quickly figure out it is cheaper to pay for the repairs.

Insurers are also very good at playing "Yeahwell its only worth five thousand that's the local sales prices" but often, their math is creative. If they try to quote you a price--tell them to substantiate that, in writing, with specific detail and condition, in accord with insurance law. Which often requires 'comparable' or 'market' pricing to be defined within fairly tight limits. Odds are, no boat substantially similar to yours has been sold within those time limits, geographic limits, etc. so the insurer's valuation is often a simple lie.

Call the county or state insurance commission, tell them what happened, and ask if there is anything you should be aware of. Including any citations for statutes that DO define those valuation terms. Usually those departments are very good at telling consumers what the laws actually are and what your rights are, while insurance companies tend to lie through their teeth about it.

If an insurer tells you "well that's the way it is" and you can reply "No, I've spoken to the insurance commission and they think otherwise" you tend to get paid better and faster, because the insurer can't pull the wool over your eyes so easily.

IF YOU CAN, i.e. if there's software that will work on your cellphone, RECORD YOUR CALLS to the other party and their insurer, if that's possible. From experience I tell you that insurers routinely lie through their teeth. Some are honest, sure, but when you can say "That's not what you said, do you want me to play the tape?" a lot of the liars get religion real fast. (I have no idea what the legalities of taping are out there.)

If there's no damage to the bilge, no water coming in, anchor rode still intact and attached, it should be safe to stay on board until you get a few things settled out. By all means, get an estimate from a yard and whatever way you work it out, make sure the other guy is going to pay whatever it comes to, not just the estimate. Plus your hotel/motel.

Take pictures. Now. From inside, outside, close, distant. Those are for your records, again in case there's any dispute down the line. When a boat is hit, the shock echoes all around the hull. The surveyor should literally be examining every bulkhead, every tab to the hull, every fitting on the standing rigging. It sounds like your keel and rudder should not be an issue and a haul not a concern--but ask the surveyor anyhow. Similarly, the anchor fittings have to be suspect, they took the strain.

If the other guy hears the estimate and his insurer starts waffling...funny how things can change. So try to document and record everything, and if the game changes, don't let them intimidate you. With insurers, you give them one carrot, once, and then switch to the stick.

Last edited by hellosailor; 07-25-2012 at 11:00 PM.
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  #29  
Old 07-25-2012
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Re: My Boat was Hit Bad

Looks to me like you had a stansion ripped out at the base and had a hole knocked in your cabin top. it sucks, But emotions a side, West System and wood and some heavy Glass Mat. Dude sounds like he's going to have it fixed for you one way or the other, Plug up the hole with something so you don't get rained on and fix it. I'd rather be with my boat in a time like this than in a hotel thinking about it. My boat sunk twice on me. . it will end up being the strongest part of your boat when it's done. I'd be wicked pissed and then sad and the whole emotional sequence as well, but at the end of the day, you're O.K., the boat will be O.K. Good story to tell.
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  #30  
Old 07-26-2012
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Re: My Boat was Hit Bad

CK sorry to hear about your miss adventure. It dosen't look to bad mast is still standing. I have a couple of good yards you can chck out for repairs. First would be Crs marine out of Seattle, and the other are on Vancouver Island.
Delta Marine Services | Yacht Repair | Sidney BC
Jesperson Boat Builders - Canoe Cove Marina Vancouver Island
All three yards should give good repair advice, are you in Canada or the USA?
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