Hit in the night

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danp

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May 8, 2008
2
Coronado dont know Brownsville
My wife is hearbroken. We (had) a 68 Coronado 25 ft and another sailboat T-boned her last week while she was out at night. Yes, all lights were operational. The guy who hit us claimed he was fooling around with his laptop and just didn't see us. Police took a report and interviewed both parties. Now insurance is involved. Some folks around the marina say it looks to them the boat will be "totaled" due to the damage. Anyone go through this? (And live to tell about it?) Any advice when working with the insurance companies? My wife bought it for really cheap and we put alot of work into it. Afraid the insurance will come back with an "offer" that won't allow us to get a similar boat.
headcoachdanpastor@gmail.com
 
R

Ross

In plain language, Get an attorney!!

You have been harmed by the neglegence of another and have a right to be made whole. In other simple words you should come out of this with a boat that is a honestly pleasing to you as was yours before the collision.
 
T

TimCup

Can't remember the last time two SAILBOATS

collided. I feel for you. I know how much work it takes to keep up an old boat. I agree with Ross that you need a lawyer, but I'm gonna play devil's advocate:

couldn't YOU avoid the collision? Who was the give way vessel? It's possible that even though the guy admitted he wasn't paying attention, you could still be in the wrong...

Asking these questions makes me feel like I'm poking at an injury- that's not what I'm trying to do, and I'm sorry. However, these are the first questions the insurance company are gonna ask!

Best of luck.


cup
 
K

kloudie1

Insurance Mess

Seems like a mess but may not be as bad as you think it is.. If you don't believe that you can find an equivalent boat, some states allow you to challenge the amount of the "total" settlement based on the market, the type of insurance you are dealing with, and the equipment and features of your boat versus a replacement. Have your homework with you to prove what you are saying. Internet can be really helpful for this. The key is to remember that if the other guy was at fault, he or his insurance company owes you an equivalent boat, regardless of what the "Blue Book" says. You may have to engage a lawyer, but usually, a reasoned discussion can work this out. Another option is that you can "buy" the boat back from the insurance folks for little or nothing.. and use the rest of the settlement money to repair the real damage. Talk to a shop and have the repair estimated carefully before persuing this path. Good Luck with it !
 
Rick D

Rick D

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Jun 14, 2008
7,204
Hunter Legend 40.5 Shoreline Marina Long Beach CA
Probably Repairable

Had a 27 O'Day that I sold to a fellow who was hit hard at the chainplates during a race. A local fiberglass guy did the repairs after a spot survey and it turned out terrific.

Unless your policy has a full replacement clause (which defines the amount of insurance stated as the amount payable in the event of a complete loss), the calculation of what they would pay to repair the boat goes like this: the current market value of the boat, less the value of the salvage in the damaged condition, plus related expenses, compared to the cost to repair the boat. If the cost to repair is less, that's what you get. You will also have a claim for loss of the use of your boat from the time of the accident to the time of settlement or repair. There is no set amount for that; it's a negotiated amount and it is between his insurance company and you, not your insurance company.

The (fair) market value is what your boat would sell for today in it's undamaged condition, neither a distress sale nor a sweetheart one. Time to begin your homework to figure out that piece. If it is a (constructive) total loss, you may also want to consider taking a cash settlement and using your time and resources to shop the best possible price for repair which may be significantly less than what the insurance company was quoted.

Mind you this is very general information and opinion only and know I'm not a lawyer, so take it with a grain of salt and rely on your own reseach and experts rather than my feeble response. Good luck on mending this bad luck.

Rick D.
 
C

Corey

Buy it back for "Salvage Value"

Even if the insrurance company calls it a total loss, if the damage is not too bad, and you think it is repairable, the insurance company should pay you the "actual cash value " (or retail book value), plus any applicable sales and registration tax. Once this value is determined and "agreed", ask how much the current salvage value is. Any reasonable insurance company will be willing to settle for the "Agreed Value", minus the salvage.

You might be suprised how little they will sell it back to you for !

Best of luck & sorry for your loss

Corey

S/V Donna Lynn
25' O'Day
 
S

sailortonyb Allied Mistress 39

DO NOT get lawyer yet.

Normally, the insurance company representing the party at fault will pay a reasonable to slightly more than reasonable in the amount just to get this over with. There is a value to your boat and that is irregardless of what you paid for it or what you have into it.
I wouldn't think it would be very much based on age. Keep in mind that it is easier to deal with 'the other guy's' insurance than it is to deal with your own.
If you hire an Atty, the other insurance company will no longer talk to you. Any hopes of easy settlement will be gone. It will then be a 'your lawyer talking to their lawyer'.
Use atty only as a last resort.

Sorry for your misfortune.

Tony B
 
C

CalebD

Been there, done that

Our sailboat's mooring pennant chafed and parted during a big blow. Lots of damage that was repairable but insurance deemed it a CTL (complete and total loss). We negotiated a salvage price for the boat and received a check for the amount on the policy minus the salvage repurchase price. Gives you some money to work with to fix her up. You will probably need to have the boat re-surveyed once it is repaired before any insurance company will cover you.
Good luck.
 
J

jviss

Clarification please - just curious

"Hit in the night

My wife is hearbroken. We (had) a 68 Coronado 25 ft and another sailboat T-boned her last week while she was out at night. Yes, all lights were operational. The guy who hit us claimed he was fooling around with his laptop and just didn't see us. Police took a report and interviewed both parties. Now insurance is involved. Some folks around the marina say it looks to them the boat will be "totaled" due to the damage. Anyone go through this? (And live to tell about it?) Any advice when working with the insurance companies? My wife bought it for really cheap and we put alot of work into it. Afraid the insurance will come back with an "offer" that won't allow us to get a similar boat.
headcoachdanpastor@gmail.com "


Was she under sail, or motoring? If sailing what tack?

Was the other party under sail or motoring? If sailing what tack?

Who was the windward boat?

What side of the boat was hit?

Thanks,

jv
 
C

Chuck Creel

hit in the night where?

first and foremost, I am sorry for your loss but thankfull no one was injured,

@nd As mentioned before above,
Motoring or sailing,
which tack if sailing,

Sorry to be the devils advocate here and I am not a maritime lawyer.

I am a 200 ton master who has been driving barges for 14 yrs.

There are very DEFINED rules of the road and right away enforced by the USCG which is very undermanned.

Having MANY co-workers that were involved in a hearing with the USCG , I know the last question they ask.
" IS THERE ANYTHING YOU COULD HAVE DONE TO AVOID THE COLLISSION? ".

jEST IS THIS eACH AND EVERYONE OF US IS RESPONSIBLE IN TAKING ACTION TO AVOID A COLLISION.

If the other guy admits that he was fooling with his laptop , you might have a better chance.


Did this happen on a lake or where?

Best of luck to you;
 
R

Ross

I Presumed that you were laying at anchor.

If you also was underway, it becomes an entirely new story. Namely, "what were you doing? and did he have proper lights?"
 
L

Landsend

You have a face value on your policy? That's what you'll get.

Provided that they total it.
 
C

CharlieCobra

I see there's not been a single response by the OP

since the posting of this thread.
 
R

Ross

Nother troll? maybe?

I despise the folk that come in here and yell fire and go away.
 
S

sfgary

wind damage

On 4-20-08 we had a wind storm in S.F. Bay, with winds of 70 knots gusting to 80. A commercial dinner cruise boat that was approx. 100 feet long was tied up across the fairway from a friends boat at the Berkely Marina. During the storm it broke loose and blew across the fairway and into my friends boat causing substancial damage. To date only a hull survey has been done with many months of repairs ahead. My friends boat was hit in the stern port quarter and was pushed into the boat in front of it. Both boats were damaged. Several insurance companies are involved and is taking forever to get resolved. I wish good luck to anybody having to deal with accidents and insurance companies.

Gary

Photo attached
 
S

Steve Dion

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Dec 2, 1999
15,184
Hunter Vision-36 Rio Vista, CA.
Be prepared.

Dan:

Be prepared to have a counter offer for the insurance company. This boat is NOT worth a lot of money as far as replacment value. You need to be able to show your investment in the boat.

I doubt that they will agree on a repair based on what current resales are on this vintage of boats.
 
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