Insurance claim issue..... - SailNet Community

   Search Sailnet:

 forums  store  


Quick Menu
Forums           
Articles          
Galleries        
Boat Reviews  
Classifieds     
Search SailNet 
Boat Search (new)

Shop the
SailNet Store
Anchor Locker
Boatbuilding & Repair
Charts
Clothing
Electrical
Electronics
Engine
Hatches and Portlights
Interior And Galley
Maintenance
Marine Electronics
Navigation
Other Items
Plumbing and Pumps
Rigging
Safety
Sailing Hardware
Trailer & Watersports
Clearance Items

Advertise Here






Go Back   SailNet Community > General Interest > General Discussion (sailing related)
 Not a Member? 


Reply
 
LinkBack Thread Tools
  #1  
Old 06-22-2011
Member
 
Join Date: Nov 2005
Posts: 89
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 9
Petar is on a distinguished road
Insurance claim issue.....

I have been insured with same company (Premier Marine in Vancouver, canada) for last 7 years and never had the need to make a claim. Two and a half weeks ago while hiking with friends got an email from the marina saying a guy who was "practicing" backing with his 32 ft powerboat (five slips away) got caught by the wind (has two engines and a bow thruster) and damaged my boat. next day I went down to the marina to check it out and found up to two feet long white scratches (my boat is dark blue) on the edge of my transom's sugar scoop and couple of places where up to a square inch in size gelcoat was missing and fiberglass was exposed. I was on this particular slip only a day after moving from another one. My neighbor (powerboater as well) was telling me he heard about this event from others while he was out over a weekend and how this guy has had issues maneuvering his boat ever since he got it.....

Contacted the insurance company next day who sent an "adjustor". I spoke with him couple days later when he advised me that the damage in his professional opinion is minimal and he offered me a "goodwill" gesture payment of $500 which I can use as I see fit and to sign a letter to close the case out. I checked with the marina and just to haul the boat out and keep it on the hard for a day costs $435 which leaves me with $65 for the repair. He kept on blabbing about the boat having "significant wear and tear" and how it is impossible to ascertain what is new and what is old damage. In essence, my transom sugarscoop is retrofitted and the gelcoat on it is pretty oxidized and pale in comparison with the rest of the boat but there was no damage to the gelcoat nor white streak marks and missing gelcoat patches. During my other two conversations with him he kept on insisting that i can not get more than that and to accept the $500 "goodwill" settlement.

Does anyone have any suggestions on how to deal with this and get my boat fixed the way it deserves ti be fixed having been insured?
Reply With Quote Share with Facebook
  #2  
Old 06-23-2011
sailjunkie's Avatar
Mirage 29
 
Join Date: Nov 2009
Location: Port Moody, BC
Posts: 307
Thanks: 1
Thanked 1 Time in 1 Post
Rep Power: 5
sailjunkie is on a distinguished road
Hi Petar,

I'll give you my 2 cents FWIW.

First, have you spoken with the guy who caused the damage? It sounds like you have reliable witnesses, and if he is willing to pay for repairs, one immediate problem is solved.

Second, and this may cost you some money--have the damage inspected by a reputable shipwright or surveyor. This will help you in any discussions with the guy who caused the damage; or in discussions with the insurance company.

Third, if we are talking about 2 one foot long scratches, have you considered doing the work yourself; or having a knowledgeable friend do it?

Fourthly, while it doesn't help you in this case, you may want to look at a new insurance company when renewal time comes up. I googled Premium Marine easy enough, but they are not members of the Marine Trades Association. When we completed the purchase of our boat, our broker strongly urged us to deal insurance folks who understood recreational boating and the marine industry. It was good advice.

Finally, what marina was this at? I was going to make a smart aleck remark about how we all should keep an eye out for that guy. However, most marinas really want to know about problem boaters like that. If this guy has already had problems, a complaint from you may encourage the marina to get the guy to move on--just don't send him to Port Moody!
__________________
Mark

S/V Avatar
Mirage 29'
Port Moody, BC

It's not my fault they named a movie after our boat
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Reply With Quote Share with Facebook
  #3  
Old 06-23-2011
Member
 
Join Date: Nov 2005
Posts: 89
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 9
Petar is on a distinguished road
Mark,

Thanks for advice. No worries, it was in Point Roberts Marina.
Reply With Quote Share with Facebook
  #4  
Old 06-23-2011
Senior Member
 
Join Date: Feb 2010
Location: Narragansett Bay
Posts: 8,693
Thanks: 10
Thanked 113 Times in 107 Posts
Rep Power: 6
Minnewaska will become famous soon enough Minnewaska will become famous soon enough
Have you tried to resolve this with the individual that caused the damage? Despite having insurance for your own hull damage, the guy that did the damage is actually liable for it. Make a claim against his liability policy, if he has one. That may not be allowed in your state. If he's not willing to own up to it, pursue him in small claims court.
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

Jeanneau 54DS

In the harsh marine environment, something is always in need of repair. Margaritas fix everything.
Reply With Quote Share with Facebook
  #5  
Old 06-23-2011
hellosailor's Avatar
Plausible Deniability
 
Join Date: Apr 2006
Posts: 10,432
Thanks: 1
Thanked 75 Times in 73 Posts
Rep Power: 10
hellosailor has a spectacular aura about hellosailor has a spectacular aura about
Petar, I don't know how Canadian insurance works but I would think you'd do the same as we do in the US: File a claim against THE OTHER GUY'S insurance.

As everyone says, he did it, he's responsible for it. Unless you've got some kind of "no fault" situation there that requires you to file against your own insurer? The guy who did it has to pay for it.

What's reasonable, i.e. repainting one side of the hull, spot repairing the scratches, painting the entire hull...that's probably going to be an issue regardless of who pays for it. You may want to ask the marina, and a local yard, what's typical up there and how to proceed to get the best recovery.

Under Canadian and provincial law.
Reply With Quote Share with Facebook
  #6  
Old 06-23-2011
Junior Member
 
Join Date: May 2009
Posts: 28
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
seaduced8104 is on a distinguished road
I used to work in the water and fire restoration industry and dealt with many property and casualty adjusters. It appears that the adjuster is just trying to close files which is bad for you. First of all someone else did damage to your boat which has bee documented. Your Insurance company should be subrogating against the insurance company of the person who caused the damage. There should be no cost to your insurance company in the end as they will get their money from the other insurance company. They should be taking care of you. You could call your agent or the company and ask to speak with a supervisor and explain your story. Your insurance company should pay for a reputable yard to do the repair, make you happy, and get reimbursed form the other insurance company.

You could hire , or threaten to hire, a public adjuster who works for you and gets a percentage of the clim value for their services. The up side is that they will suck every penny they can from the insurance company because they are making a percentage. The down side is that your insurance co would likely drag their feet were you to sign with a public adjuster.

You can also tell the insurance company that you want the boat as it was before the accident and will take no less, ater all that is what insurance is supposed to do. Get you back to pre-loss condition. If the new area is visibly shinier/newer than the rest of the boat then the insurance co is likely obligated to clean/polish/and or paint the entire boat.

Captain Michael
Reply With Quote Share with Facebook
  #7  
Old 06-23-2011
Irrationally Exuberant
 
Join Date: Jul 2007
Location: Northern Virginia
Posts: 1,300
Thanks: 6
Thanked 6 Times in 6 Posts
Rep Power: 8
arf145 is on a distinguished road
I'm with Capt Michael. At the least, sounds like laziness. I would escalate this as far as necessary. Token payment!? Really!
__________________
Tom K

2000 Beneteau 331
Northern Chesapeake Bay

Ambition is a poor excuse for not having enough sense to be lazy ~ Steven Wright
Reply With Quote Share with Facebook
  #8  
Old 06-23-2011
Faster's Avatar
Just another Moderator
 
Join Date: Sep 2005
Location: New Westminster, BC
Posts: 14,604
Thanks: 67
Thanked 178 Times in 174 Posts
Rep Power: 10
Faster has a spectacular aura about Faster has a spectacular aura about Faster has a spectacular aura about
Yikes.... we're with Premier ourselves.. you're making me nervous. We've not yet had a claim, their premiums are reasonable, but as you've discovered you never know how good a carrier you've really got until you need something.

I'm with the others that the guy that hit you is responsible (and/or his insurance carrier) I would not settle for what your so-called adjuster is trying to sell you.
__________________
Ron

1984 Fast/Nicholson 345 "FastForward"

".. there is much you could do at sea with common sense.. and very little you could do without it.."
Capt G E Ericson (from "The Cruel Sea" by Nicholas Monsarrat)
Reply With Quote Share with Facebook
  #9  
Old 06-23-2011
turbulicity's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Redwood City
Posts: 179
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 4
turbulicity is on a distinguished road
What the adjuster is hoping for is that you will not care about the repair and you will want to pocket the $500 since they will not ask for boatyard receipts or anything. If that's indeed what you want, go for it. If not, take a firm stand, read your policy and know exactly what you are entitled to. And make it clear that you know.
__________________
1978 Gulfstar 50'
Clark Sailing Dinghy 10'
Reply With Quote Share with Facebook
  #10  
Old 06-23-2011
IronSpinnaker's Avatar
Boatswain
 
Join Date: Mar 2011
Location: Danbury, CT
Posts: 878
Thanks: 0
Thanked 2 Times in 2 Posts
Rep Power: 4
IronSpinnaker is on a distinguished road
What year, make and model is your boat?

Like others have said; the other guy should be held responsible for the damage.

For the damage you describe I don't think the 500.00 is that far off. 1st. the insurance is for repairs to your boat. If you owned a trailerable the insurance company would not pay to send a guy with a trailer out to pick up the boat, you would have to use your own trailer and haul the boat out yourself. Hauling the boat out is not part of the damage. But look and see if it is covered in your policy; most likely not. Just like on a car insurance policy, towing is either part of it, or it isn't.

Another thing to consider is the Marina's liability in this.... I bet they hold liability insurance for circumstances like this. I would exhaust everybody else's insurance prior to running it through my own.
__________________
Signature
Reply With Quote Share with Facebook
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

 
Posting Rules
You may post new threads
You may post replies
You may post attachments
You may edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Insurance Claim radovix General Discussion (sailing related) 16 06-24-2012 03:47 AM
Warranty claim on Profurl and Beneteau, pls. help negrini Gear & Maintenance 4 12-07-2009 01:03 PM
Do I file insurance claim or pay/do repair myself apkaplan General Discussion (sailing related) 30 11-15-2007 05:07 PM
Cargo Ship Fire/Biggest Insurance Claim Ever NewsReader Mass Bay Sailors 0 05-03-2006 04:15 PM
Need Help With Insurance Issue ian6460 Boat Review and Purchase Forum 3 09-06-2004 03:33 AM


All times are GMT -4. The time now is 12:31 PM.

Add to My Yahoo!         
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) Marine.com LLC 2000-2012

The SailNet.com store is owned and operated by a company independent of the SailNet.com forum. You are now leaving the SailNet forum. Click OK to continue or Cancel to return to the SailNet forum.