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Old 11-07-2013, 01:39 AM   #1
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Unbelievable..

Hey all,

I posted my first thread a few weeks ago and showed a few pics of my beloved Kingston 770. I just finished the interior referb which took two years and a lot of hard work as im sure all of you guys appreciate.

I was going to post some questions about various things but it seems now this won't be happening.

You see, it seems I'm either the luckiest person alive or the unluckiest.

Last week we had a typical Southerly storm which in my area produces strong winds and a good size chop in the bay. My boat sits on a swing mooring amount another hundred or so boats.

That night I got a call from the water police informing me that my boat had been been damaged and they hoped I had good bilge pumps !! Huh ?

They proceeded to tell me that a 45 foot steel vessel had broken its mooring, drifted through and its its stern got hung up on my mooring rope. From here the 28 tonne piece of crap connected itself to my bow and for three hours crunched, squashed, split, and basically destroyed my boat !

There is an 6 foot gaping hole in the bow with unmeasurable damage on the inside. All the windows popped things are bent etc etc etc

The bad news...

My boat is a right off. All the money and time has gone down the drain.
The guy who owns the offending boat in UN INSURED
I have to claim it on my insurance

The good news...

My boat is a right off. The payout value is what I paid the the boat and although I have spent plenty, in today's market it was not worth what I'm getting from my insurance company regardless of the improvements I've done. If I sold it, I would not get what the insurance payout is.

What to do now ?

Buy bigger and better !

Crazy week !
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Old 11-07-2013, 02:26 AM   #2
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This can only mean one thing...that the planets and stars are aligning as we speak in order to facilitate your discovery of an even more beautiful boat that you would never have found if the other wasn't destroyed.

Man...that sucks!
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Old 11-07-2013, 03:36 AM   #3
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Grantm,
Sorry to hear that, really tough. Is your insurance "agreed value" or "market value"? At least you have good pics to show the insurer.
If the other boat owner is liable you could still claim against him, insured or not, but it`s never as easy. Then there are arguments about who did what maintaining the mooring, was it a commercial mooring or his own, even whether that boat should have been on it as they need sizing to the boat. Give it some thought, but much easier to go with your insurer and let them try to recover.
I hope your next boat is a beauty, I admire your positive attitude.
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Old 11-07-2013, 04:06 AM   #4
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Tough week, that is certain. Give it a break for a few days and maybe you will see a path you want to take to something better. A tough break and a jackass not being insured.

It is a strange market and when you get a bit beyond this, you may have a terrific opportunity with more experience from having put one boat together.

Hang in there, and good luck.
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Old 11-07-2013, 05:11 AM   #5
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Sorry to hear about your boat. Sounds like you've put a ton of time, and money into it's rebuild, and you can never replace that kind of love with money.

That said, as someone else suggested, when one door closes, another opens. I've always found this to be true.

Chill out for a while and see what comes your way. You never know what you'll find.

As for the other vessel's owner, depending on your laws there, you may still have recourse against the owner. But since it wasn't insured in the first place, I would do my due diligence in determining whether the cost and effort would be worth the return? Suing, and collecting are different animals.
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Old 11-07-2013, 06:45 AM   #6
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I was just trying to step into your shoes by imagining the same situation with my own boat, which I've put so much time and strife into. I think I'd feel pretty numb right now, perhaps in the state of "Duh". As was pointed out above, taking a break may be the wisest strategy, and even though the owner of the other boat has demonstrated such negligence, one would have to measure the benefit of pursuing further satisfaction from someone who probably won't get the point anyway. If the Insurance Company pays off, I'd get on with my life.
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Old 11-07-2013, 07:07 AM   #7
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Granirn

Sorry to hear about what happen. OD brings up a good point on the fact the owner may not be totally off the hook on this. I would have a chat with 2 or 3 lawyers and see what action can be taken and what the cost would be to do so if any action can be taken.

I know ths is a real kick in the gut to you, but I believe in every dark cloud there is a sliver lining my friend, you just have to look for it and sometimes that is a hard thing to do but it is there.

All the best to you.

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Old 11-07-2013, 08:18 AM   #8
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Greetings,
Mr. G. Terrible occurrence, GREAT attitude! As others have wisely counseled, chill for a bit and start looking. Turn your stumbling blocks into stepping stones.
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Old 11-07-2013, 09:51 AM   #9
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Wow Grant that's a real bummer!!
Surely you are planning to drag this dumb sh*t in front of a judge and sue him for damages even if he is uninsured?.
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Old 11-07-2013, 10:28 AM   #10
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What a sad story. I've been in the position of having a boat I loved wrecked by someone else so I have an inkling of what you're going through right now. The "take a break" comments above are spot on accurate.

Your insurance company will pay you off. Then they'll go after the other owner to see what they can collect. They likely will get a judgment against him but that still doesn't ensure they will get paid.

The good thing is that once you're paid by your insurance company, you don't really care if they collect from the other owner or not. It's out of your hands and you're free to do whatever you want.
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Old 11-07-2013, 10:39 AM   #11
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I'm with Off Duty, it's an opportunity.
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Old 11-07-2013, 12:46 PM   #12
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WOW - Bummer... Wait till you see how great your next boat will be! Best Luck! Great Attitude!
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Old 11-07-2013, 04:50 PM   #13
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I surveyed a Carver Mariner 350 and two days later was walking down the dock and saw it sitting on the bottom. My stomache turned, what the hell had I missed ? The owner welcomed me with a huge smile. The boat was insured for much more than he could sell it for and he had just put it up for sale.

What sank it ? The day before a mechanic had removed the exhaust hoses and left it that way overnight. She was stern to the harbour opening and waves slapping at the stern exhausts eventually overpowered the bilge pumps and down she went.
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Old 11-07-2013, 05:56 PM   #14
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Grantm, I'm with Bruce K on this.

It is critical that you check your insurance policy, before even thinking what to do next.The Oz marine insurance industry is quite small and my understanding is that most insurers have conditions in their policies allowing a like for like replacement, irrespective of the agreed value figure.

You mentioned that you have done work on the boat, did you advise the insurer of the upgrades when you renewed your policy?

A mate of mine is in the marine underwriting business in Sydney and he was on Sarawana a while back and over a beer or two he asked me what the boat was insured for.I told him and mentioned that we had an agreed value that was verified by a surveyor as per the insurers requirements.

He was adamant that in the event of loss, my payout would be 30-40K less than the agreed value.He maintained the insurance company had the right to replace like with like, check the fine print was his advice, I did and he was right, my insurer is the largest Marine insurer in the country.

I don't want to make a bad situation worse, however you need to know exactly where you stand.
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Old 11-07-2013, 05:57 PM   #15
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That gave me chills. I'm so sorry for your loss. I cannot imagine losing my beloved boat. I hope this does indeed turn into a marvelous opportunity for you!!
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Old 11-08-2013, 03:58 AM   #16
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Thanks for all the support guys.


All I can do is see what happens. I do have an agreed value on the boat and I'm just hoping that because it was not my fault they will just pay it out and pursue the guy responsible. They even said I wouldn't have to pay the excess So who knows.

I have since found out that the owner of the other boat had his mooring serviced and 'beefed up' only two months ago as it had come loose once before. Maybe he has a claim against the mooring company ?

I just hope that its a simple one and I get the agreed value and move on.
Cheers
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Old 11-08-2013, 06:16 AM   #17
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Quote:
Originally Posted by RT Firefly View Post
Greetings,
Mr. G. Terrible occurrence, GREAT attitude! As others have wisely counseled, chill for a bit and start looking. Turn your stumbling blocks into stepping stones.
Much Wishing Grantm - Absolutely best outcome to this dilemma!

Due to his great attitude, I feel it is only proper to begin placing a bit o’ levity into this thread...

Soooo.... RTF, on the light side!

Regarding your Video Short with Henry Winkler and three others nodding yes... to an Asian fellow... your post # 8 in this thread “Unbelievable”

I had to watch the Vid twice before I realized those four guys' topic was to agree on the cleavage size in the female star of their next X-Rated Film!

Good luck Grantm... I hope there becomes as quickly affirmative head nods for your insurance claim!

May there be: Many Happy Boating Daze in your future! - Art
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Old 11-08-2013, 06:54 AM   #18
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Quote:
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...I have since found out that the owner of the other boat had his mooring serviced and 'beefed up' only two months ago as it had come loose once before. Maybe he has a claim against the mooring company ?...
Certainly sounds as though he could.
Not being familiar with all the facts, it's hard to say, but I'm sure that your insurance company will probably look into it if they decide to try to recover their losses. If they're not aware, you might want to mention that bit of information to your adjuster.

Let us know how it proceeds.

All the best.

OD
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Old 11-08-2013, 07:11 AM   #19
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Certainly sounds as though he could.
Not being familiar with all the facts, it's hard to say, but I'm sure that your insurance company will probably look into it if they decide to try to recover their losses. If they're not aware, you might want to mention that bit of information to your adjuster.

Let us know how it proceeds.

All the best.

OD
My advice (having dealt with Ins Claim BS before):

Be careful.... get the ins check deposited into your account first. Truthfully answer only questions asked before receiving full payment... I also recommend not expounding past point of direct answer to any question. Then, after cashing your check, muddy the waters all you want toward the un insured jerk that ruined your beloved boat!
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Old 11-08-2013, 08:15 AM   #20
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DO and Art's last 2 posts is some great input.

If Granirn insurance pays his vessel off, they will go after the owner to recover their losses. They always do. In turn, that person may and could go after the mooring company. But he did not have insurance in the first place, so I did not think he will have the cash to sue the mooring company. But I could be wrong as well.

Even if he does have the cash, he would have to prove their system failed in a court of law, which can be hard to do.

In most cases when a insurance company go after the uninsured, those persons normally will file chapter 7 to get out of paying it.

To me Art hit the nail on the head. Get the check first and cash it than do what you will. I do hope for Granirn sake, his insurance company pays off in full.

I really believe Garnirn is handling this whole matter with class. Great job on that Garnirn.

All the best to you.

H. Foster
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