Should I just let my boat sink...

Sorry to hear about your problems Dave and wish you all the best, I wouldn't have a clue where to start. However, could I just add that for me this is what this Forum does best, very, very sound, easy to understand, totally unbiased and obviously graciously accepted advice. Great to see and long may it continue. Paul

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buy a good pump and get good batteries and leave it on...

i dont think insurance covers bad workmanship.... did u not get the boat surveyed before you bought it?



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It's the case then, that you only brought the boat on this surveyors recommendation ? in which case the case should be quite strong against him.
Do surveyors give a contract re what they check and look for and does the type of survey depend on what you ask for.
Yes I know my other post sounded iffy sorry about that but why ask the question should I let it sink! inferring your going to let or try to get the insurance company to pay.
Cheers
Mick

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Dave,

Was the insurance placed via a broker or direct with the insurer? If the former, then try to get them fighting your corner - you are their client, and the insurance company isn't...........

In cases like this, the insurance company will sometimes appoint a loss adjuster. Cynics will say (with some justification) that their role is to reduce the insurer's liability to pay up, but if they are doing a proper job, they will take decisions based on the facts, relating both to the insurance wording and to what happened, and will sometimes recommend a settlement on the grounds of pragmatism, to avoid lengthy and expensive court proceedings - particularly when the situation is less than black and white or, for example, the policyholder has taken pains to minimise what could have been a far greater loss.

If I were you, I would be feeling very fed up with your surveyor by now, given this and the previous debacle with the petrol tank. Even if he has no PI insurance he may still be susceptible to threats of legal action and may even feel under greater pressure to settle out of court than if he had the security blanket of indemnity cover. On the other hand, he may be the kind of unprincipled git who has his house in his wife's name and doesn't mind going bankrupt every now and then........

I hardly dare suggest it, but do you think it would be wise to get another survey done on the boat, if only to alert you to any other major defects that may be lurking unseen and which weren't picked up by the original one?

Hope you manage to sort it satisfactorily. There, but for the grace of God........

<hr width=100% size=1>Je suis Marxiste - tendance Groucho
 
Dave,
On your survey, did the surveyor mention that he didnt check behind the motors or did he lead you to believe he had checked everything? Just a thought.
Trazie

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Re: Name and Shame

At least it may save some other poor person going through the same anguish

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Hi James,

After a lengthy and friendly conversation with my broker, I have decided to go it alone. My insurance clauses are very clear and they don't cover latent defect, poor installation etc. They only cover accidental damage or deliberate acts of vandalism.

The real people I would have to claim against are 1) the engine fitter (no longer in business) and 2) the surveyor, who is a man of straw and it would costs me more in legal fees than the claim would be worth.

Thanks for your help anyway.

Dave

<hr width=100% size=1>Madoc Yacht Club
<A target="_blank" HREF=http://www.madocyachtclub.co.uk>http://www.madocyachtclub.co.uk</A>
 
Hi Trazie,

He did check in the engine bay - but he trots out the same excuses that he cant see in all places. The actual report is still on my boat and I just can't remember his name. I'll put it on here when I get it. Cheers.

<hr width=100% size=1>Madoc Yacht Club
<A target="_blank" HREF=http://www.madocyachtclub.co.uk>http://www.madocyachtclub.co.uk</A>
 
Re: legal advice,

If you are a member of the RYA, they have a strong legal department that can offer advice and help finding nautically inclined solicitors -- as you say he might be a man of straw, but get the big bad wolves at the RYA to huff and puff and he might cough up a little...

Best of luck!

Nick

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Dave,
It is a lot of money, I dont think you should let it go so easily. If the surveyor is member of professional association then maybe they can help.
Trazie

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some legal stuff

Dave:

sorry to hear this tale.

I think you have no claim agains the engine fitter. you would have to claim in tort not contract becuase you weren't his customer, and that isn't going to succeed frankly

As you say, claim is against surveyor. Much depends on wording of his report. If I understand you correctly he is saying NOW that he couldn't see that part of the engine, but that is no defence. The question is, did he say THEN that he couldn't see that part of the engine and limit his opinion accordingly? That would be a good defence. As I say, the wording of his report is crucial.

You say surveyor is man of straw. But this claim is, I dunno, £10k, and even if he makes a modest £20k a year he could have £50k equity in his house. If owned jointly with wife then £25k. Also, does he really have np PI? Howdya know? Is he just saying that to make you think it's not worth pursuing him? If your facts and data are good this could be pursued no-win no-fee, but a good solicitor (as opposed to a less good one) would require decent facts and data to be convinced this isn't a no-hope case

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Re: some legal stuff

Why not use the surveyor report to prove to the insurance company that there were no problems with the fitting and get them to cough up, and play on the fact that you saved them a bigger claim by not letting it sink.

Much easier that trying to get the surveyor to cough up, might not be right but gets a quicker end result

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Re:This is only my personal opinion.

Any legal fight is going to be a long and weary one and all through this you will have no boat.Try waving a big stick for a bit if it makes you feel better but think you will be on a wasted journey.IMHO.
Why not get the thing in bits and then.......
A,providing no rot caused to transom,get a second hand D/P fitted.Coastal rides have reconditioned units complete with transom shield listed on their website and my web search pulled up a couple of others.With a coat of anti-foul no one is going to guess they are not a matched pair.Perhaps only the shield needs fixing.Alloy welding to build up missing metal and a nice bit of milling could restore your unit.
Have personal experience of a good alloy welder bringing back from the dead a stern drive that I well and truly ..............d up,when all lesser beings told me it could not be salvaged.
Get it sorted first and fight it out later if you can be bothered.just get that boat back in the water.
Sorry if this is not very sympathetic but if you go down the sue path someone else will be dictating the pace.

<hr width=100% size=1>If it aint broke fix it till it is.
 
Re:This is only my personal opinion.

Second hand 290 transom field 300.00 +vat <A target="_blank" HREF=http://www.coastalrides.co.uk>http://www.coastalrides.co.uk</A>

<hr width=100% size=1>If it aint broke fix it till it is.
 
Re:This is only my personal opinion.

<blockquote><font size=1>In reply to:</font><hr>

Further to my previous post, it now transpires that the transom shield on my stbd motor / outdrive has failed, letting water in. The reason, is that installation was incorrectly carried out in the first place, when the engines were replaced back in 99 (2xnew Volvo V6 205HP), with the seals and washers bent, buckled and incorrectly fitted. This allowed corrosion to happen and the shield has failed. This is going to cost me thousands.

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Dave,

This is our transom seal, is this the one that has caused the issues. As you can see on ours, it has not been fitted properly and is pinched at the top, although it has never let water in, touch wood, so we have left it as is?

<A target="_blank" HREF=http://www.mad-als.com/temp/rubber.jpg>http://www.mad-als.com/temp/rubber.jpg</A> Sorry it is a large image, but it is the best way to show which one I mean.

<hr width=100% size=1>Alex

boat2.jpg

<A target="_blank" HREF=http://www.mad-als.com>http://www.mad-als.com</A>
 
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