How to handle a boating crash

[CaptainRich]

Hello

My neighbor hit my boat in the marina. Thankfully he was honest and contacted our marina right away. He is in the industry and works for a rigging company ( i won't name it ) He's contacted a welder to get the rail fixed. I think there may be more to it than a quick rail fix.

I responded and said that it was okay to handle this without insurance. I now think that was a bad idea. I am concerned that here may be structural damage underneath that is yet to be determined.

The pic shows a damaged rail but I am concerned that the plates holding the rails may have been pulled through the glass causing additional damage. I'm going to evaluate the damage in person tomorrow to see if I need to adjust my first response.


Was I wrong not to go to insurance right away? What should I do, or have done?


I, luckily, am completely ignorant about what to do in this type of situation. Any help will be greatly appreciated.

 

[psneeld]

Yes, report it to your insurance ASAP, filing a claim is up to you....I think.

 

[Pau Hana]

Hello

My neighbor hit my boat in the marina. Thankfully he was honest and contacted our marina right away. He is in the industry and works for a rigging company ( i won't name it ) He's contacted a welder to get the rail fixed. I think there may be more to it than a quick rail fix.

I responded and said that it was okay to handle this without insurance. I now think that was a bad idea. I am concerned that here may be structural damage underneath that is yet to be determined.

The pic shows a damaged rail but I am concerned that the plates holding the rails may have been pulled through the glass causing additional damage. I'm going to evaluate the damage in person tomorrow to see if I need to adjust my first response.


Was I wrong not to go to insurance right away? What should I do, or have done?


I, luckily, am completely ignorant about what to do in this type of situation. Any help will be greatly appreciated.

Excellent question on a situation that comes up all too often.

The short answer- yes, open the claim on your neighbor's insurance, and get non-involved professionals to looks at the damage. It's a liability claim (he is liable for the damages caused to you) and the repairs should be taken care of with $0 out of your pocket - or his. This is what we have insurance for- sudden , direct, accidental, physical damage to your vessel. His rates may be affected come renewal time, but that is not your concern.

If he has a substandard/low liability policy, or chooses to not give you his policy info, you may need to get your policy involved. It this occurs, you will be subject to paying the hull deductible of your policy. Once the repairs are completed, your insuring company will then subrogate, or go after, the offending party to recoup monies put out for your repairs. If successful, your insurer will return your deductible.

The challenge that comes us is this- "he's my neighbor/friend". Time to put that aside and get your vessel repaired properly.

 

[oscar]

While the insurance route, as described above, is certainly a safe route it is not always necessary, especially if dealing with known people, whom you trust to do the right thing.

That said, your question whether there is possible unseen damage is valid, and there very often is.

I would offer your neighbor to get an estimate from a third party to establish the actual damage.

THEN you can decide whether the insurance companies get involved, or whether you offer him the opportunity to pay for the repair out of pocket.

If he offers to repair all damage himself as per the estimate it get's tough as now it is upon you to determine if he's capable and will do it right.....

 

[Lou_tribal]

I am pretty sure that the plates supporting your rails have been damaged seeing that the screws have been teared out, at least you won't be able to screw anything back in as is.
Beyond that if you have a good relationship with your neighbor and he is willing to pay for any damage/repair well no need for insurance and keep a good relationship, but you better be sure as it is required for an insurance (at least mine) to be infomed right away if yo want to be covered and not try any mitigation by yourself.
Decision is up to your confidence in your relationship with your neighbor.

L

 

[menzies]

I can't quite work out where you live but here in Florida you MUST report a boating accident if the damage exceeds a certain amount, I believe $2K.

I am sure other states have a similar reporting requirement.

[Edit] I just Googled where Deale is and yes, if over $2K in Maryland you have to report it.

 

[Comodave]

I would get the insurance company involved now. Once it turns bad it may be too late to get it properly repaired.

 

[C lectric]

Get the insurance co. involved. You should even then be able to handle it between yourselves if that is the final decision. Once you start repairs though and the insurance co. was not advised untill more trouble shows then you may be on your own.

SOme years ago my boat was hit. I called the insurance co., they sent out an assessor to have a look. He did and we discussed repair options without him naming anyone in particular. He would/did comment who was good though when asked..
I did the repair myself and sent in a detailed material list and hours. I was cheap.
But it still left me with the option of handing it over to a pro. if that was needed.

If there is more than just a bent rail there may be more to it than is immediately visible. Get an expert opinion.

 

[Alaskan Sea-Duction]

Excellent question on a situation that comes up all too often.

The short answer- yes, open the claim on your neighbor's insurance, and get non-involved professionals to looks at the damage. It's a liability claim (he is liable for the damages caused to you) and the repairs should be taken care of with $0 out of your pocket - or his. This is what we have insurance for- sudden , direct, accidental, physical damage to your vessel. His rates may be affected come renewal time, but that is not your concern.

If he has a substandard/low liability policy, or chooses to not give you his policy info, you may need to get your policy involved. It this occurs, you will be subject to paying the hull deductible of your policy. Once the repairs are completed, your insuring company will then subrogate, or go after, the offending party to recoup monies put out for your repairs. If successful, your insurer will return your deductible.

The challenge that comes us is this- "he's my neighbor/friend". Time to put that aside and get your vessel repaired properly.

While the insurance route, as described above, is certainly a safe route it is not always necessary, especially if dealing with known people, whom you trust to do the right thing.

That said, your question whether there is possible unseen damage is valid, and there very often is.

I would offer your neighbor to get an estimate from a third party to establish the actual damage.

THEN you can decide whether the insurance companies get involved, or whether you offer him the opportunity to pay for the repair out of pocket.

If he offers to repair all damage himself as per the estimate it get's tough as now it is upon you to determine if he's capable and will do it right.....

I would get the insurance company involved now. Once it turns bad it may be too late to get it properly repaired.

Get the insurance co. involved. You should even then be able to handle it between yourselves if that is the final decision. Once you start repairs though and the insurance co. was not advised untill more trouble shows then you may be on your own.

SOme years ago my boat was hit. I called the insurance co., they sent out an assessor to have a look. He did and we discussed repair options without him naming anyone in particular. He would/did comment who was good though when asked..
I did the repair myself and sent in a detailed material list and hours. I was cheap.
But it still left me with the option of handing it over to a pro. if that was needed.

If there is more than just a bent rail there may be more to it than is immediately visible. Get an expert opinion.

So all the above has a common theme of "contact the Insurance." This is good advice, however more of a question for Peter. If I file a claim and get the insurance involved does this open me up to a higher insurance rates or right out renewal denied based on filing a claim?

 

[syjos]

Listen to Peter/Pau Hana who is an actual Marine Insurance guru.

 

[DavidM]

I think we often make a big deal out of small things that can be taken care of by working with the other party in a straightforward and honest manner. Novel idea in today's society, right.

Let the other party get it fixed. He will have to unbolt the stanchions to weld new SS sections in place, so tell him that you expect him to repair any underlying fiberglass damage which should be easily observable when the stanchion is off.

If he balks, then go the route described above.

Are there any serious cracks around the stanchion base? If not it is probably fine.

David

 

[Robster_in_edmonds]

As others said, listen to Peter/Pau Hana. File the claim with the other boater's insurance company and notify your insurer as well. Let the insurance adjuster do his/her/their job. You'll have the knowledge that your boat is sound when the process is done.

Proceeding without using insurance is tempting but things fall apart if the damage is worse than you initially thought...

 

[Pau Hana]

So all the above has a common theme of "contact the Insurance." This is good advice, however more of a question for Peter. If I file a claim and get the insurance involved does this open me up to a higher insurance rates or right out renewal denied based on filing a claim?

Generally, no.

The injured party (the OP in this case) would only file with his insurer only as a last resort (uninsured/underinsured boater). His insurer would, as mentioned previously, repair the damage, then go after the other party.

At renewal, most insurers would see this as a non-event if successful in subrogation. There would be no worries about non-renewal unless there is a history of claims that open up further conservations.

 

[Alaskan Sea-Duction]

Unisured Boats are the scariest with insurance. Yes I have un-insured insurance thanks to my awesome broker....