HELP - Insurance claim nightmare, never been here before.

[WoodyP]

Second all that is said above but do not rely on the small claims court to get money back. The devious debtors have ways of avoiding the final payment. I know to my cost. If the owner of the other boat is not a fine upstanding gentleman, you are in trouble unless your insurers take it all on for you.
g.

 

[Richard10002]

Second all that is said above but do not rely on the small claims court to get money back. The devious debtors have ways of avoiding the final payment. I know to my cost. If the owner of the other boat is not a fine upstanding gentleman, you are in trouble unless your insurers take it all on for you.
g.

There doesnt seem to be any suggestion that the other party is a devious debtor... and no evidence to suggest that he wont pay up when approached for uninsured losses. Posters have merely covered the bases by suggesting what to do if the other party doesnt pay up.

If a court order were obtained, there are very few people who would wish to avoid payment and live with a CCJ against their name, (there are some, but not many), so I would suggest that is not something to worry about at this stage. "We are where we are", as they say, and the OP should cross each bridge as it comes.

 

[Richard10002]

Thank You all so much for your quick and very informative replies. It's really wonderful to know there is so much support when things get choppy. You've certainly helped me to focus on the best way forward.

Thanks again.

It might not be a bad thing to name your insurers. Not necessarily from a "name and shame" point of view, but because someone else may have had a similar issue with the same insurer, and may have a tried and tested way of dealing with them, i.e. dont reinvent the wheel if you dont have to.

 

[Chrissie]

I am very surprised that your insurer is not insisting on you getting a surveyor to do an acident report, that's not the same as a survey, which would cover everything, the surveyor will inspect and report on the full extent of the damage including any areas prone to knock on damage, seals, bulkheads etc. And find areas that have been stressed by the acident, and therefore weaker.
You should speak to a surveyor or two, you will be surprised that it's not as expensive as you might think. Comparatively, survey costs are a fraction of what the repair yards will charge, and if your surveyor monitors the work, could save you even more on the repair bill.

 

[Marsupial]

Hey guys the answer to this is SIMPLE, hit the insurers with a VAST estimate! I am sure they will appoint a surveyor . . . . then again they may pay out so its win win for you

 

[Chris_Robb]

Thank You all so much for your quick and very informative replies. It's really wonderful to know there is so much support when things get choppy. You've certainly helped me to focus on the best way forward.

Thanks again.

I think you may have to initially look to the yard. They were responsible to YOU for the safe keeping of your boat. If the owner of the other yacht caused it, its up to the yard to claim off them. So I am not sure the advice to go for the owner is correct. (Please note I am not a lawyer!) The Boat yard has no doubt told you it was the owners fault, which is why you are going after him. So first and foremost I think you have to establish who is really responsible to you. You have a contract with the yard.

I am very surprised that your Insurers will not instigate a survey which is essential. As the legal situation on who is liable could be complicated with the yard naturally seeking to get out of it, I would bring your insurers into it now. I also cannot see how the yard could be totally blameless in this situation so they might have to take some liability. I think you should go back more forcibly to your insurers and make a formal claim which will require a survey report which they will have to pay for.