Major Problems With Marina - Page 3 - SailNet Community
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post #21 of 34 Old 06-07-2006 Thread Starter
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thanks jared. im being told by multiple sources that its not possible that water in the fuel would cause the problems. ie it had to be sea water coming in the other end. in any case, the surveyor is looking at it this week and we shoud have any answer soon either way.
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post #22 of 34 Old 06-13-2006 Thread Starter
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update

The insurance company's surveyor has found that sea water entered the engine due to excessive cranking of the engine by the mechanic. So, he will submit his report to them and we shall see how it all works out.
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post #23 of 34 Old 06-13-2006
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Good luck Hamiam. Hopefully the marina will learn a lesson from this... if not... please tell us which marina it was, so we can avoid it.

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post #24 of 34 Old 06-13-2006
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Bravo, Ham!
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post #25 of 34 Old 06-14-2006
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There you go. Now you have an expert opinion. Your insurance company will likely pay the claim and then "subrogate" back against the Marina's insurance carrier.
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post #26 of 34 Old 06-14-2006 Thread Starter
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Although not a total loss if I do get payment, I still have lost: 2 sailing seasons, all that cash spent on insurance and such along the way, as well as the money that the marina defrauded me out of for "repair" of items that they caused the damage to in the first place. Ill post the details once I can get the boat out of there. Perhaps the "David's" can team up against the "Goliath." Thanks for the support guys.
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post #27 of 34 Old 06-15-2006
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If your insurance company's investigation proves that the marina was responsible for the original damage, then the marina will probably have to refund your money for any "repairs", otherwise, you can probably proceed with a legal case against them. If you do end up proceeding, the loss of use and associated costs are part of what you should seek as damages.

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post #28 of 34 Old 06-15-2006
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Good news, Ham. Good luck ow, geting the money from them and geting the engine repaired.
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post #29 of 34 Old 06-15-2006
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"I still have lost: 2 sailing seasons, all that cash spent on insurance and such along the way, as well as the money that the marina defrauded me out of for "repair" of items that they caused the damage to in the first place."
Take 'em to court for the whole thing. All of that is called "consequential damages" and if they are responsible for the incident that started it all--they're responsible for it all. The best negotiating tool with stonewalling b*stards is to remind them that since they had reason to know about the real problem (i.e. their own mechanic and what he did, and they are responsible for him, by law, in any case) then you have the option to go against them for criminal FRAUD and in most parts of the US, that also opens the door to triple damages. Triple on the whole thing. Plus "punitive damages".
Now, the big boss may be too dumb to grasp the notion, but if you speak lawyer-to-lawyer or your lawyer (shows you are serious) to his insurer directly...they may be willing to simply do the right thing and pay for ALL of your damages, including the consequential ones, rather than face the expense and risk of fraud charges and triple damages.
Going to court and losing could cost them 5x as much as just paying your damages, and that's before their legal fees AND the fact that a fraud case might really scare away potential buyers. I mean, would you want to buy a marina (with all the possible real estate and EPA issues) from someone who was in court because they lied about damages they did to someone else?

When faced with lying sobs, you're allowed to pull the pin and throw the grenade *before* you say hello.

No threats, no extortion, no blackmail...a lawyer knows how to pitch the grenade, nice and legal.

Last edited by hellosailor; 06-15-2006 at 02:25 PM.
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post #30 of 34 Old 06-19-2006 Thread Starter
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thanks for the advice hellosailor

As a party to this situation I am not impartial but I have no doubt that I have been defrauded. The mechanic is an old salt and knew damn well what was happening. In retrospect, rememeber what they told me and failed to tell me it all makes sense. Its been suggested I write an editorial about my experience to the local paper and that I seek to somehow block the sale of the marina by placing some sort of lien on it? In any case I think I need to get the boat hauled out of there first.
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