To claim or not to claim, that is the question ?

[DeeGee]

Someone has hit my boat today. I have checked and he has put dents into the main tubes at the back of the Monitor s/s kit. I have to talk to him tomorrow, and I am not at all sure of the best course of action. Getting a shipwright to replace the parts damaged is likely to run a bill of about £1500 - £2000, including all the hassle of getting the parts from US, haul outs etc.

Now, the system still functions OK, it does not seem out of alignment, and apart from a slight weakening of the tubes, it is otherwise cosmetic. I dont like the idea of putting in a claim (on his insurance) for loads of dosh. Anyone any suggestions. Especially if you have windvane self-steering of some ilk.

 

[Boathook]

Weakening of the tubes does not sound comestic to me. It sounds like a claim unless he pays up front.

 

[ccscott49]

Ask him to pay for the repairs and be honest with him, or claim, stainless bent work hardens and may quit!

 

[Sixpence]

Take your lead from him , make sure he knows you want it putting right but see if he suggests a claim , he may have other ideas about how to get it done but make sure it's done properly , or he may just give you his insurance details to make a claim

 

[LadyInBed]

Sorry to hear about that, hope it all turns out well.

 

[Robin]

No choice IMO and that is what insurance is for - in this case HIS insurance.

 

[BrendanS]

Denbigh's insurance will want to know about any claims against another insurer however, and might spark off a full blown on his own insurance, and then settlement between the two insurance companies.

 

[Bajansailor]

I can see Denbigh's point.

The above thoughts are assuming that the other chap has insurance - if he hasnt, maybe it is best then to reach a mutual friendly agreement re damages with the intention of keeping costs to a minimum.

 

[BrendanS]

I agree that mutual agreement is better, I was responding to Robin's comment about claiming off insurance. Once you claim off either parties insurance, your own insurance company will want to be informed. They might want to be informed anyway, depending on small print, as it might have future legal implications.

 

[Judders]

I think you should inform your insurers anyay. Most yacht insurance claim departments are run by human beings and it is better that they know uprfront. In the strict wording of your policy, you shouldn't be dealing with the other chap direct at all but a friendly chat can do no harm. See how that goes and then come back to us!

 

[Birdseye]

Does it prevent the Monitor functioning OK? Will it affect the re-sale value of your boat? Is it really offensive cosmetically?

If the answer to these is all "no" then you havent really suffered any loss and to claim will only cause both of you some aggro - him with his insurance, increased premiums etc, and you with the shipright, getting the spares etc.

 

[DeeGee]

I agree with the gist of your comments. They are more or less my sentiments. But it will have affected the re-sale value of the boat, to have these components dented, and they are clearly weakened to some degree, lesser or not.

I am wondering if I cannot claim for the above, rather than replacement or repair ?

 

[LadyInBed]

As the damage isn't catastrophic, your reduction in sailing time and costs could be minimised by delaying repair until next winters lift out.
Then he will be paying for your winter lift /forums/images/graemlins/ooo.gif

 

[FullCircle]

Consider a catastrophic failure of the frame system at sea....not nice, and in this case, completely avoidable.
Although you dont say, I assume this was in a marina, which means that the insurance detail are lodged with the Marina office, probably.
We all have off monets, and that is what insurance is for.
How do you know ther isn't microstress fracturing around the mounting points of the frame which may not necessarily have broken the surface of the paint?

It is just a matter of retaining your sense of humour and addressing the issue with the other party in a calm measured way. Should see a result usually.

Best of luck!

 

[graham]

Sorry to hear of your problems.

Should you come to sell the boat a survey will make a large mention of the dents and probably advice that checks are needed to acertain if any damage has been transmitted through to the hul;l. This will inevitably lead to time and money lost for you at a later date.

I would get it put right now on his insurance.Also at sea in bad weather can you be absolutely sure nothing has been weakened?

 

[Sailfree]

Sorry to hear the news.

Get an estimate to 1. Check alignment. 2. Check any staring or damge to GRP mounting points 3. Replace dented parts.

If 1 & 2 are definately OK review whether to accept a "settlement" figure at say 50% of the full repair cost.

At the very least it will devalue the boat and raise suspicions in a buyers mind of how well cared for has the boat been and how hard was the impact.

With money buy a 2 large inflatable ball type fenders to protect stern either side of self steering gear if you continue to berth where there is a strong cross tide.

For others reading this - when the Almanac says only berth at slack water - they state that for a good reason!!

 

[Searush]

Could the damaged components be fabricated & fitted locally at reduced cost but to correct spec?

 

[DeeGee]

We have met and had a chat. He accepts his responsibility for the damage. I should add that he is a very nice guy. He is emailing all his insurance details and has suggested getting a local expert to assess the damage and a local shipwright whom he knows should be able to do the job. Not too sure about local bods of expert or otherwise types. The Monitor was fitted by a shipwright in UK who had fitted them before, in addition, I am not sure about how s/s tubes can be 'repaired'. I shall inform my insurers of the situation but lay off making a claim until I hear from these experts. Insurers usually expect 3 estimates, but around here, finding just one could be a problem. In additon, I shall make my own careful examination of the mounting points Roger.

Thanks for the suggestions.