Boat damaged

Malo37

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On Friday I was at anchor and was hit by another yacht mulling around looking for somewhere to reset their anchor that had dragged. They were not looking where they were going, admitted it and contacted their own insurance company who has agreed to pay for repairs.
Although the damage is not that serious I was asked by the third party's insurance company to get two quotes. Following some research I emailed seven potential repairers with all the details including pictures etc.
Only had one reply to the effect that the owner (of the repair specialist company) is on holiday and I can phone him if I wish.
Disappointed at the lack of response and interest. I would have thought insurance jobs would be bread and butter for these companies.
 

prv

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Disappointed at the lack of response and interest. I would have thought insurance jobs would be bread and butter for these companies.

You were hit on Friday, it's now Monday. Hardly surprising that you haven't had any response over the weekend, they'll all be closed!

My retired parents tend to forget what day of the week it is as well :p

Pete
 

JumbleDuck

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Following some research I emailed seven potential repairers with all the details including pictures etc.

Repair companies have probably learned that it's so easy to send multiple copies of the same email that an enquiry that way is unlikely to lead to a job. In your case, a 1 in 7 chance, though of course they don;t know that. If you take the time to visit or phone I think they'll be more likely to take the time to quote.

This isn't intended as personal criticism, by the way, just as a helpful suggestion.
 

JumbleDuck

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You're not obliged to get 2 quotes. Just supply them with one.

My insurers (GJW) wanted two quotes a couple of years ago, but relented and accepted one when I pointed out that the boat was on an island and that getting her repaired elsewhere would require an extra lift-out and relaunch.
 

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It's not the OP's decision I'm afraid. If the insurance company asks you to get 2 quotes, you get 2 quotes ..... otherwise you get no money. :(

Richard

Don't think so. If it's your insurer then they are bound by the terms of the policy, as you are. If it's a 3rd party they are bound by the tort of negligence, which seems pretty clear cut in this case. In law I doubt the OP has any responsibility to provide even a single quote, though it may be expedient to do so.
I try and avoid legal deference to large organisations, amongst which even the more reputable, such as M&S, try and exploit customer ignorance of the law.
 
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JumbleDuck

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On Friday I was at anchor and was hit by another yacht mulling around looking for somewhere to reset their anchor that had dragged. They were not looking where they were going, admitted it and contacted their own insurance company who has agreed to pay for repairs.
Although the damage is not that serious I was asked by the third party's insurance company to get two quotes.

Don't think so. If it's your insurer then they are bound by the terms of the policy, as you are. If it's a 3rd party they are bound by the tort of negligence, which seems pretty clear cut in this case. In law I doubt the OP has any responsibility to provide even a single quote, though it may be expedient to do so.

OK, so the insurance company says "Send us a couple of quotes" and the OP says "No. Shan't." What happens next?
 

prv

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OK, so the insurance company says "Send us a couple of quotes" and the OP says "No. Shan't." What happens next?

At its logical conclusion, the OP either has the work done, or at least gets a firm quote for it, and writes to the other skipper asking for that much money, being costs incurred due to his admitted negligence. The other skipper is insured against such liabilities, so he passes the claim on to his insurance company. They either pay it, or say that they will not. If not, the OP still considers that the other skipper is liable, so instigates a civil claim against him and it's up to the court to decide whether the other skipper was indeed negligent and, if so, whether the amount of the claim is reasonable. Given that the other skipper admitted liability and his insurance company agreed in principle to pay, and assuming the claimed costs were supported by evidence and not extravagant, it's hard to imagine a court ruling other than in the OP's favour. The other skipper is then obliged to pay the OP, and whether or not his insurance company reimburses him is a matter between the two of them and none of the OP's concern.

In practice, none of the parties would let it get that far, it would be a waste of time and money for an open-and-shut case.

When Ariam was rammed on her berth last year, we informed the culprit's insurance company that she would be repaired (and more importantly, repainted) by the same yard who had done the original paint job a couple of years earlier, and we would be claiming those costs. They agreed.

Pete
 

RichardS

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Don't think so. If it's your insurer then they are bound by the terms of the policy, as you are. If it's a 3rd party they are bound by the tort of negligence, which seems pretty clear cut in this case. In law I doubt the OP has any responsibility to provide even a single quote, though it may be expedient to do so.
I try and avoid legal deference to large organisations, amongst which even the more reputable, such as M&S, try and exploit customer ignorance of the law.

I have personally been involved in court case involving damage to my car by a third party. The Court were quite clear that providing more than one quote was a reasonable expectation. I had actually done this but the other side had got their paperwork in a muddle.

You may feel that it is fine to get one quote, the insurance company or the third party may refuse to pay on that basis, so you take them to court ..... but don't be surprised if the Court decide that your approach has been unreasonable and you find that you get less money than your were expecting. :)

Richard
 

Resolution

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. Following some research I emailed seven potential repairers with all the details including pictures etc.
Only had one reply to the effect that the owner (of the repair specialist company) is on holiday and I can phone him if I wish.
Disappointed at the lack of response and interest. I would have thought insurance jobs would be bread and butter for these companies.

So now that we have had two full working days since you sent out your seven emails, how many responses have you had?

It might help you to think through what you are asking of your potential repairers.
1. You are asking for quotes, not estimates. That means that most of the risks of the job expanding or becoming more difficult once work has started is theirs, not yours. So they must either add a big contingency or take great care in calculating the quote.
2. You may have sent photos, but to be thorough they should send an engineer out to the boat to inspect it. Is it quickly and conveniently available, or, as may be the case, will he have to find a launch and motor out to your mooring. Time cost?
3. Are any parts going to need replacing? Who supplies them and what is their current SP, availability and delivery cost? The person making the quote may have to contact a number of different suppliers. Time cost?
4. Acceptance of the quote; who will be responsible for this, and how quickly?
5. Payment. Who will be responsible for acceptance of the completed job, and how quickly will they pay?

Bread and butter this is NOT, for most repairers. Admittedly, for some outfits that specialise in major glass fibre work and where jobs are in the thousands (or even tens of thousands) of pounds, it can be a worthwhile routine process. But for a £500 repair to a simple bash from a passing boat, the certain costs in putting together a formal quote will easily outweigh the likely profit margin.

There are of course less formal and cheaper ways of getting repairs done.

Hope this helps to balance the picture.
 

JumbleDuck

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If not, the OP still considers that the other skipper is liable, so instigates a civil claim against him and it's up to the court to decide whether the other skipper was indeed negligent and, if so, whether the amount of the claim is reasonable. Given that the other skipper admitted liability and his insurance company agreed in principle to pay, and assuming the claimed costs were supported by evidence and not extravagant, it's hard to imagine a court ruling other than in the OP's favour.

Would that court accept that it was reasonable - absent any constraining factors - not to get any quotes before starting the repair?
 

Malo37

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Just out of interest, I have now received one estimate and one other expression of interest to do the work. The repair companies do not want me to visit them as someone suggested, just to send photographs. One has offered to visit the boat prior to providing an estimate but they want £350 to do that.
In fairness the third party's insurer (who has been very helpful so far) has now said the due to the relatively remote location, one estimate will be ok
 
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