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 check 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?
Where were you anchored when this happened?
"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.
Yes. I said I was not certain how this would work out since a 2nd parties insurance was really liable for the repairs and making things "whole" again for CK.
All I know is that I felt kind of screwed by the insurance racket even though we got a check for the face value for our boat (less then $7K minus the buy back fee of $800) as they would no longer insure my boat the next year.
Even after a short time of owning our boat I had also developed some emotional ties to her and did not want to take the insurance check to put towards another boat. I wanted to fix OUR boat and I ended up doing the fiberglass work to our hull/deck joint that got damaged among other repairs. I am now more irrationally and emotionally attached to my old boat then ever.
Hopefully CK will only have to do some kick boxing practice to help blow off some steam about this.
One of my graphic design clients practices maritime law. If I need to, I'll give him a holler.
it would definitely be worth a quiet beer to have a casual conversation with your client/maritime lawyer about what to expect, and to see if he is interested/available/appropriately skilled/has recommendations in working with you on this should it be necessary.
sorry for the mangled syntax there.
try not to stress too much. hopefully its just wood and fiberglass and minor inconvenience. it may make a good story some day...
Not to minimize the loss, but the damage honestly doesn't look that bad. The hole is actually the easy part, just a grinder some glass and epoxy. The think that really scares me is the crack in the gell coat running long the hull-deck seam. If there was damage there, which seems likely, this candidate can spread along the seam. If this happens it could result in a totaled boat. The hole is a few grand, that crack could be much worse.
When dealing wi the yards, I would be sure to ask for a "not to exceed" quote. Or have one of the insurance companies agree to accept whatever bill they agree to with the yard, and leave you out of it. It is done all the time with cars, and boats, but many boat owners don't know the process.
Please call your attorney friend. He well may be willing to simply pass on messages by phone. I have done this for clients in the past. Typically I would only charge a flat couple of hundred bucks. But just having an attorneys letter head can be worth a lot. And if they start making noise like they are tring to weasel out, or make a really one sided offer, he should pick up on it pretty quick. At this point you can retain him for actual legal work.
I would expect the insurance company to total the boat, I am not sure whether your "declared value" would apply, I assume so. The glass repair may only be $3-4000, however, any reasonable effort at hiding the repairs will require painting the decks and interior (which you should insist on...), which cost will exceed any likely declared value.
So their insurance company will pay you out, and most likely you will have the chance to buy the boat back for short money. You can have the repair done with a best efforts matching of the gelcoat and non-skid, and you may end up with a repaired boat, a few thousand in your pocket, but a greater loss in the value of the boat. Maybe time to move up...
What a terrible shame. I'm sorry you've had to endure this after such a recent jump into the liveaboard world. But, don't let it discourage you. Homes get hit by tornadoes, trees get knocked onto roofs, plumbing causes floods, etc, etc. Boats are not exempt from their own variety of mishaps.
If you really want your boat put back the way you had it, you could consider suing the stinkpotter. Just because the insurance payment is capped, doesn't necessarily mean that the offender is off the hook for liability. Talk to them or talk to an attorney. Tell them you want a complete repair or the funds to purchase the same boat in the same condition, regardless of the insurance proceeds.
If you really want your boat put back the way you had it, you could consider suing the stinkpotter. Just because the insurance payment is capped, doesn't necessarily mean that the offender is off the hook for liability. Talk to them or talk to an attorney. ...
This is a dead end idea ... the legal costs of any such litigation would likely exceed the value of the boat, tough to get such a proposition to work out, since here in the USA you can't get the loser to pick up your legal costs...