Let's differentiate between what (A) the insurance companies want you to do, and (B) what you ought to do. Those are two different things. I am sure the other guy's insurance company will tell the guy with the hurt boat all kinds of things are a bad idea for him and a good idea for the insurance company.
The advice I gave is exactly what the guy should do.
If he files a claim with his own insurance company, I GUARANTEE his rates will go up. Not only that, insurance companies share claim information, so if he makes a claim on company A, then next year tries to switch to company B, they will know about the claim on A and quote him higher rates than if he had never made a claim. The fact that the claim might be paid by the guilty party's insurance is completely irrelevant. If you make a claim, your rates will go up, it is that simple. The technical term for this is your "claim history". Your "claim history" is a direct input into your rate calculation. Bottom Line: do NOT make a claim unless you have to.
The best course of action is for the OP to get an estimate and have the other guy pay it himself. That way both parties can avoid making a claim.
Also, by the way I never suggested suing the insurance company. Maybe actually read my post? I said to threaten to sue the CLIENT (the guy who hit his boat) which he has every right to do. It is not necessary to actually sue the guy, it is only necessary to make the threat. The advantage of making the threat is that it will prevent the other guy's insurance company from trying to pay only a percentage of the cost, which they very likely will do. Most adjusters are required to pay a full claim if there is a credible legal threat, so by making the threat you can force the adjuster to pay the whole bill. Adjusters get bonuses for reducing claims, so you need you use "special tactics" to make sure they get their bonuses on OTHER people's claims, not yours.
Well, I still disagree with you.
I work in the marine insurance industry (note my sig)- 14 years on the retail side, and for the past 1.5 years as a marine underwriter (I am the national manager for Charter Underwriting for GEICO Marine). I work with retail agents internal sales, and claims daily.
Insurance is not an evil entity designed to engender adversarial engagements- rather, it is in place to make you (or others) whole based on the merits of a claim.
You cannot guarantee anybody rates will go up as a result of a claim. That would amount to a guaranteed penalty for exercising your insurance, which would be illegal in a number of ways. Likewise, most yacht insurers offer haulout assistance for named storms and towing coverage- both are claims, and both do not add any A/P (additional premium) to a policy as a result of filing. What about damage at a marina that is not the fault of the insured, but covered by the marina? Again, claims that do not penalize the insured.
Marine insurance contracts are governed by a legal principle called uberrimae fidei" or "uttermost good faith". This means that all aspects of the risk must be disclosed by all parties- this means that a claim (such as this one) should be reported to the OP's insurer.
As far as suing/threatening to sue an insurance company- it is anybody's right to do so, but know that threatening legal action does nothing to make a marine insurance company tremble in fear and settle a claim any quicker. Nor are any claims adjustors required to "pay a full claim if there is credible legal threat"- in my experience, the claims process is usually slowed or halted when the claim escalates to legal action.
I don't know where you get your info about "an insurance company paying only a percentage of the cost" or any of the other stuff you present in your arguments, but I can say with authority that it is not correct in my profession. I did read all your arguments, and they sound more like information gleaned from internet searches based on disgruntled people that actual policy claims.
The disgruntled folks I've run into expect every loss scenario to be covered, and never bother to read their policy to ascertain what is covered and what is not. when a claim occurs, these same people sing to the high heavens how "they were screwed/how insurance companies are evil/how you never want to make a claim because your rates will go up".
If this is your argument, why do you have ay insurance coverage at all?
