Whitewater...small claims court lets you go up to $5000 bucks without a lawyer. You should be able to recover the full amount of the damage repair cost if you win BUT the boat may not be worth what the repair will cost. Hope you have pictures of HIS boat in YOUR slip...otherwise it will be tough to prove fault. Hopefully you can just give him the quote and collect a check without the court deal.
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Moderation in temper is always a virtue; but moderation in principle is always a vice....Thomas Paine
Umm... that's not damage to the rubrail. Those photos basically show that he destroyed the hull-deck join, which is not a simple repair on most boats. Chances are more than good that that repair job, done properly, is more than a couple of grand.
As Cam said, you do need photos of his boat and the way it was secured.
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Sailingdog Telstar 28
New England
You know what the first rule of sailing is? ...Love. You can learn all the math in the 'verse, but you take
a boat to the sea you don't love, she'll shake you off just as sure as the turning of the worlds. Love keeps
her going when she oughta fall down, tells you she's hurting 'fore she keens. Makes her a home.
—Cpt. Mal Reynolds, Serenity (edited)
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MOst surveyors do insurance work, I would contact one in your area. State explicitly during the conversation that you want a insurance claim valuation. It'll probably run $250-400 bucks. He can tell you what a insurance company will most likely do in this case as insurance companies typically follow lead on surveyors recommendations.
You can use that survey to negotiate with the boatyard a fixed cost for repair. If you go in with no insurance or valuation of what the cost of repairs should be, you'll be TMI for sure and from the looks of it the damage for owner paid and no counter insurance will be in the 5-8K easily.
Above said advice is for you dealing with his insurance company, or if you are trying to validate whether the boat is worth the cost of repairs, or if the owner of the other boat has no insurance but is willing to pay for the repairs.
I think it is pretty safe to assume that the other guy likely doesn't have insurance. He has a boat that he only paid 2k for and is in a public state owned/run marina that doesn't require insurance. It's not going to happen. If he only paid 2k for his own boat, how much do you think he is going to be willing to pay for someone elses boat? (Or have the ability to pay for that matter.)
I think you are going to have to approach they guy with the problem and see what he is willing to do, but I think you are likely going to be doing the repair yourself on a shoestring budget. Jody- I think your idea is sound in reguard to the survey, but only if you can get it done pretty cheap. The Surveyor may not cost as much if they are only looking specificly at the damage. I can't see spending 10% of the value of the boat for the survey alone, before the repair is even started.
Just my $.02
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Based on the photo's, SD has it - cost to repair exceeds value of the boat (other than sentimental value), if the repair is done professionally. If the boat is done as a DIY project it becomes a larger issue of doing it correctly as it does indeed appear to be the hull deck join that is broken. Structual integrity has been compromised.
Not a deal breaker, just saying.
As to the legal issues, talk to the marina managers, read your contract with the marina - I'd be willing to bet that all the info you need is right there. Your slip rental agreement most likely has words detailing your responsibility to fix /compensate for damage your boat causes, so will his, end of story until it comes time to collection.
(Several years ago I found my stern rail bent. Noticing a bent fluke on the anchor of the Hunter 34 on the next mooring over, I asked the owner if the two had a relationship. He admitted hitting my boat, but thought there was no damage, and agreed to pay the $900 for a replacement rail out of his pocket.)
Coincidentally, we had nearly the same thing happen to our boat last season (anchor meets pushpit rail). Only in our case the other boat owner called us, told us about the damage and had even already researched repair options. He apologized profusely and volunteered right off to pay for whatever repair option we chose. Luckily, for him, I did further research and found a place that claimed they could make it better than before it was damaged (they did, too!) for less than our neighbour's lowest estimate.
Jim
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"If fifty million people say a stupid thing, it is still a stupid thing." - Anatole France
1976 Pearson P30 #914 - s/v Abracadabra
First, you should have had insurance, if the boat was rare enough to make it stand out.
Go to your marinia office and I will bet you, there is a statement in the slip contract saying that each boat owner is responsible for damages their boat might cause if it isn't moored right and with forethought to possible storms that can come up this time of year.
If I had a more expensive boat, yes, I would have insurance. Now that this situation happened, I see the need for insurance, just in case I ever get sued.
On the way back from the marina today, I was lucky to get an estimate on the fly at a local boat dealer. An official written estimate costs $115, their hourly rate (they were nice to not charge me).
Roughly, the repair which includes a replacement rub-rail will take about 15-20 hours labor; $1795-$2300. That's about what the boat is worth (without the motor)
Thanks for your help. I'll let you guys know what happens.
Roughly, the repair which includes a replacement rub-rail will take about 15-20 hours labor; $1795-$2300. That's about what the boat is worth (without the motor)
Keep in mind an estimate is just an estimate - and usually designed to just get you in the door. Actual bill will most likely differ, as they start to tear things apart and discover other issues. Having been a appraiser for a shop - you are looking at a much higher out the door bill of 5-8K IMHO.
I would question that quote...since that may be for a rub rail replacement, but not for rebuilding the fiberglass sections of the hull and deck, and then rebuilding the hull-deck join and replacing the rub rail on the hull-deck join.
Also, what are the parts and materials costs going to be for the repair. If it is going to be 15-20 hours of labor... that is $1725-2300 and doesn't really leave anything for PARTS.
Quote:
Originally Posted by whitewater7
If I had a more expensive boat, yes, I would have insurance. Now that this situation happened, I see the need for insurance, just in case I ever get sued.
On the way back from the marina today, I was lucky to get an estimate on the fly at a local boat dealer. An official written estimate costs $115, their hourly rate (they were nice to not charge me).
Roughly, the repair which includes a replacement rub-rail will take about 15-20 hours labor; $1795-$2300. That's about what the boat is worth (without the motor)
Thanks for your help. I'll let you guys know what happens.
__________________
Sailingdog Telstar 28
New England
You know what the first rule of sailing is? ...Love. You can learn all the math in the 'verse, but you take
a boat to the sea you don't love, she'll shake you off just as sure as the turning of the worlds. Love keeps
her going when she oughta fall down, tells you she's hurting 'fore she keens. Makes her a home.
—Cpt. Mal Reynolds, Serenity (edited)
If you're new to the Sailnet Forums... please read this POST.
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