a (semi) happy (almost) ending to my saga - Page 2 - SailNet Community
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post #11 of 18 Old 09-24-2006
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Sorry to hear all this, but as mentioned by others, you need to act on this asap, like starting Monday morning! That marina is screwing around with you for sure!

A drop of water entering any of the firing chambers would likely cause a hydro-lock situation and stop the engine. You couldn't get the amount of water necessary to cause heavy rust of cylinders walls buy running the engine, it would have hydro-locked first.

Cranking a stubborn to start diesel (below water line types such as most sailboats) should only be done with the engine raw water in-let seacock closed, just don't forget to open the seacock once the engine fires off!
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post #12 of 18 Old 09-24-2006
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Given that it appears the marina is at fault, and they tried to cover it up—I would sue them for for whatever charges you have paid them, and for the loss of use of your property and all associated costs for the last two seasons, as well as going after them for the cost of replacing the diesel motor.

First step is getting the boat out of their clutches before they do anymore damage to it.

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post #13 of 18 Old 09-24-2006
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Ham, you now have the findings on the insurance company's experts. Who are arguably objective experts, since anything they find is to their (the insurance company's) own loss. And if THEY used the Fraud word...try to get that in writing, i.e. ask casually "Can you send me a memo or a letter saying just what you told me, for my files?".

Then get your boat out of that yard ASAP and...

Ask the father in law to meet with you and the county DA, whose job is to prosecute criminal fraud. If I'm not mistaken, a finding of civil or criminal fraud (and you can bring both cases, the F-I-L can fill you in) would result in what the lawyers call "treble damages", i.e. 3x the sum of all of your damages, direct and inconsequential combined.

So there is very good reason to file suit, especially since you'd start with the criminal suit which costs you nothing. If the insurance company experts have said it looks like fraud--that's probably enough for the DA to file on.
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post #14 of 18 Old 09-25-2006 Thread Starter
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I asked the surveyor and all he wud put in writing is that they were negligent. They, of course, disagree. Their shade tree mechanic seems to think ANYTHING besides what they caused the problem with the engine. Which, I guess, can be expected. I have had 2 nams/sams accredited surveyors look it and im thinking they might be more credible in court. I dont really think I will win anything from this guy but hopefully the local paper picks it up, etc and I can cause him some embarassment, etc. Ive decided to sell the boat as is so the new owner can rebuild the current engine. replace it with a like pathfinder or replace it with a yanmar or other engine of his choice. I appreciate all the advice and support. Oh, I think their mechanic says that water in the fuel caused the engine to rust out. I guess he doesnt know the tank was drained, cleaned and fresh fuel and filters were put in before they tried to start it..
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post #15 of 18 Old 09-25-2006
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You really should have a talk, along with your father-in-law, with the county prosecutor. The mechanic and the yard owner are conspiring against you, that's a criminal offense prosecutable under RICO. The yard owner is getting away with a lot. Don't forget the earlier post that calls for triple damages if fraud is discovered.
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post #16 of 18 Old 09-25-2006 Thread Starter
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thanks for the advice. im lucky in that i can get free legal representation which is a hurdle that would dissuade some.
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post #17 of 18 Old 09-25-2006 Thread Starter
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And, interesting enough when I told them I was coming to move the boat today they said "we need to get our own surveyor in here" and "can you put your "statement" in writing." Obviously I've woken them up a bit.
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post #18 of 18 Old 09-25-2006
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I suspect your lawyer will tell you, at this point, say nothing about anything to them, and give them nothing including the time of day.
"we need to get our own surveyor in here" Too bad, they had that chance long ago. Keep you boat locked, and if the lock mysteriously is broken, add criminal trespass and forced entry to the list.

"can you put your "statement" in writing." Let your lawyer answer that, when and as appropriate.

For now, you're still entitled to retrieve your boat, and it sounds like they're entitled to nothing--except perhaps payment on your account. Don't let them goad you into anything.
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