insurance outcome (good!) thanks too Sunshine :-)
hi all
last nights storm was not great - my boat neighbours pen ropes broke during the night and his boat spent the night belting mine. Both our boats have sustained a lot of damage.
I have pictures of his broken pen ropes which failed at the splice and at weak points in the rope. my ropes held up fine
I lodged a claim with my insurer who advised that i would have to incur the excess even though it was a 3rd party impact because it was caused by the wind/storm unless the other boat owner was willing to admit liability.
The other boat owner is also insured with the same company, so there is no way he is going to admit liability as the insurer would then deny his claim!!
Early days in the claim obviously but interested to hear on how to approach this as it seems by maintaining my boat and ropes i am in the same position as someone who has not and the insurer getting 2 excesses for one incident...
cheers
sunshine
Posts: 2558
Date Joined: 03/03/09
Don't accept such a shallow approach
Did you take any photos of the broken ropes as evidence. There is no way ropes should part unless degraded by sunlight. Simply because it was a storm doesn't make it an immediate "out" as all boat owners have a legal obligation to adequately maintain their mooring lines. If you need a hand drafting a formal demand drop me a pm. I would add that if in a commercial marina the terms and conditions might well specifically address mooring requirements
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
thanks Gordon I took photos
thanks Gordon
I took photos of the broken ropes, condition of the shackes and eylets, and video (to prove that what i was photographing were actually the ropes that broke where i had taken close up photos)-
simplistically i see this as one event where two boats were damaged, the breaking of the other boats ropes being the cause- if those ropes (two) had not broken i would not have suffered any loss. We have both lodged claims, i am yet to get a shipwright quote, the other boat's damage has been quoted at $80k, should i push for a waiver of excess now or proceed with the claim and fight that part afterward?
thanks in advance
Clint
sunshine
Posts: 2558
Date Joined: 03/03/09
Yes you should seek to have the excess waived
And as many policies have no claim discounts ensure that you retain your discounts
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
thanks - good point!
thanks - good point!
Swompa
Posts: 3787
Date Joined: 14/10/12
Similar happened to my dads
Similar happened to my dads yacht. He was insured by Club Marine and overnight a yacht beside spent 8 knots banging into the side. Thankfully Dads was aluminium and the other was glass so noothing major on Dads that a sledge hammer and bog couldn't fix.
Covered by Club Marine and there was no need for excess payment as it was not at fault.
squalis
Posts: 107
Date Joined: 23/11/14
Insurance
Who are you insured with?
davewillo
Posts: 2259
Date Joined: 08/09/16
If you're in a yacht club
If you're in a yacht club Clint then everyone is obliged to ensure their ropes and hardware are in serviceable condition. Whichever way you look at this you're an innocent party.
PGFC member and lure tragic
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
thanks Dave some clubs police
thanks Dave
some clubs police it more than others, in a further twist, the owner who lives away has paid a contractor to maintain the boat and ropes and has been invoiced for both recently... oh dear!
sunshine
Posts: 2558
Date Joined: 03/03/09
In that case the contractor has a clear legal liability
And both boats owners may well have recourse. From a legal perspective a letter of demand should in the first instance be sent to the offending boat owner who should then immediately pass to his contractor to pass to his legal liability insurer.
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
Hi all huge thanks to
Hi all
huge thanks to Sunshine who helped guide me through this - i got an email today stating the insurer would pay the claim in full with no excess applicable -
whilst this would seem to be the logical response to claim where your boat has been damaged by another and by no fault of your own - it has highlighted to me the importance of gathering your own data/photos/evidence at the time of the incident and understanding the approaches insurers will use to try and avoid paying your claim in full.
Boat is going to look a bit sad for a while as due to the 2 month delay from the insurer in approving the claim the shipwright is booked out until first quarter 2024....
cheers
Clint
davewillo
Posts: 2259
Date Joined: 08/09/16
Thta's a great outcome Clint
Thta's a great outcome Clint and as always, brilliant work by Sunshine.
Shame about the shipwright. It's unlikely I'll see you at Rotto anytime soon!
PGFC member and lure tragic
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
thanks mate- oh dont worry i
thanks mate-
oh dont worry i will be there! - now that claim is approved i am cutting off the damaged section of the bow rail tonight and damaged rubstrip - will run some glass over the hull join (which is damaged but not breached) to keep water out and i will be easy to spot :-)
( ill be the one with a beer in my hand !)
davewillo
Posts: 2259
Date Joined: 08/09/16
Sounds good Clint. I'm sure
Sounds good Clint. I'm sure we'll manage to have a beer this summer!
PGFC member and lure tragic
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
just one? :-)
just one? :-)
davewillo
Posts: 2259
Date Joined: 08/09/16
At a time of course! :-)
At a time of course! :-)
PGFC member and lure tragic
Brock O
Posts: 3167
Date Joined: 11/01/08
Good Stuff...wonder if this
Good Stuff...wonder if this went back to the maintenance company's insurance looking after the Pen.
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
i am unsure but the only
i am unsure but the only comment they made about waiving the excess was that the other boats ropes were "not great" - the "maintenance company" was an individual and i am unsure he would be covered by any insurance.... I will park it there ! :-)
davewillo
Posts: 2259
Date Joined: 08/09/16
It would be interesting at
It would be interesting at our club as they arrange for one of the members to do your ropes!
PGFC member and lure tragic
sea-kem
Posts: 14861
Date Joined: 30/11/09
Great outcome mate
Great outcome mate
Love the West!
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
thanks mate- Gordon was a
thanks mate- Gordon was a great help - it feels like a big win - but the sad part is it is just what i am entitled to under the policy!!
They obviously try it on with everyone and if they have a success rate of X% it obviously adds a lot to the bottom line..
Adam Gallash
Posts: 15610
Date Joined: 29/11/05
Legend
The legend continues.
Site Admin - Just ask if you need assistance
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
one of the (many) great
one of the (many) great benefits of this site Adam (with thanks)
straith
Posts: 402
Date Joined: 25/11/13
great result
It seems like its getting harder and harder for companies to honour their commitments, just recently had to roast RAC for a very basic cockup in a roadside assistance incident involving every step of the process.
They did follow up at least with apologies etc after i made a song and dance but Im just getting tired of fighting all the time just to get what i paid for.
davewillo
Posts: 2259
Date Joined: 08/09/16
Just a recent experience
Just a recent experience with NRMA. My young bloke lost an argument with a tree and bashed his car up badly (he was absolutely fine). They assessed it as a write-off and then got a call from their assessor. Agreed what I thought was a very good market value assessment and got the money the following week less excess. The whole thing took about 2 1/2 weeks and the only person I spoke to was the assessor, the rest was online. Very easy process.
Just hope I don't have to make a claim on the boat!
PGFC member and lure tragic