posted 03-29-2009 01:49 PM ET (US)        

The motor mount is broken on both the port and starboard side, all of the hydraulic fluid has leaked out of the trim, the skeg is snapped off (my transom saver split in half) the boat was pushed forward on the trailer...the bow roller is deformed and the metal is bent but the trailer did not contact the bow. There is gelcoat cracked off around the bow eye. The steering won't go to port more than dead center (it locks up).

In my opinion, the 1989 Yamaha 115 is totaled, there is damage to the trailer and the tow vehicle, and the damage around the bow eye. The transom appears to be intact!

The police wrote the other driver a ticket for failure to control speed, so it is all on her. My fear is the insurance company is going to look at a 20 year old boat and motor and I am going to get a fraction of what I think I need to get her back in shape. It is a very pretty boat with very few cosmetic blemishes...and I just restored all of the teak.

Has anyone here dealt with a similar situation who has advice on what to expect? Thanks in advance.

posted 03-29-2009 04:54 PM ET (US)            

Call your attorney.

Take that as advice from someone who really does not like to use attorneys: This is the time to do so. Insurance companies are lots easier to work with when they know you are serious.

Good luck, and sorry for your loss.

Dave

posted 03-29-2009 05:33 PM ET (US)         

The 20 year old engine is your problem, as outboards tend to be valued by NADA and others quite low, and are clearly a depreciating item. They will not buy you a new engine. Assuming it's totaled, about the best you are going to get is what you can find an equal condition used 1989 115 Yamaha selling for, which should be higher than NADA. So start getting pricing from boat sites, Craigslist, EBAY, etc to use against them. If you have a value stated for the engine on your own insurance policy, use that, or have your own company pay that value, and then let them subrogate against the offender's company. I would make a claim report to your own company, since you may need them reprresent your interest. Doubt if you need a lawyer.

posted 03-29-2009 06:19 PM ET (US)            

I hope the back and neck pain you are beginning to feel clear up when you get a new engine for your boat and the appropriate repairs to your trailer and truck. Who knows, you may get a settlement check before you have a chance to visit a chiropracter who is associated with an attorney.

That was my experience when I was rear ended by a drunk client of State Farm in a new 1970 Ford LTD I'd owned for less than a week. The first offer was to repair the new car but after talking about back and nect pain they decided a replacement vehicle was in order. I began to feel much better when the new LTD was in my hands again.

posted 03-30-2009 09:23 AM ET (US)            

As you will find it virtually impossible to replace your engine with a used engine known to be in as good condition as your engine you should get a new one to be made whole.

As your company has no liability they have no incentive to make you a happy camper other than to pay you "book value" for your used engine and actual cost of repair of your boat and trailer minus the deductible. Then you can recover the deductible from the woman who is at fault.

In my experience, admittedly limited to one accident, you'll fare better with the woman's insurance.

posted 03-30-2009 11:38 PM ET (US)            

In addition, I would pursue a precautionary full medical
check-up just to be on the safe side, you never know what
may arise later on.

posted 03-31-2009 09:23 AM ET (US)            

Good luck.

posted 03-31-2009 04:20 PM ET (US)            

Out-of-pocket (economic) losses includes a reasonable amount to repair damage to your vehicle, boat and trailer, as well as any other reasonably related expense such as cab fare, rental vehicles, medical bills, lost income related to injury, and other incidentals.

Your OPTIONAL automobile Collision coverage does not cover economic/non-econnomic damages, but will cover damage to the vehicle and (sometimes) the attached trailer, subject to your deductible. If you are at fault, you will lose discounts and may be surcharged. If you are not at fault, your insurance company will claim subrogation (recovery) against the at fault party/insurance (and attempt to recover your deductible, if you so request) and should not surcharge or eliminate good driver discounts. You may be non-renewed, however, based on high claim frequency. You will still have to claim the remaining economic and non-economic damages against the at-fault party/insurance carrier.

NOTE: If the other driver is identified, and has no insurance (or not enough insurance) then your OPTIONAL uninsured motorist/underinsured motorist coverages supplements both economic and non-economic damages without regard to deductible, up to the liability in your declarations page.

If you choose to process the claim through your own insurance carrier (1) because you get a better valuation for the damaged property (2) you prefer to work with your own company because they owe you a duty of good faith and fair dealing or (3) it's easier, then look to your own auto policy for vehicle and attached trailer coverage. Look to your boat policy for vessel comprehensive coverage.

posted 03-31-2009 06:05 PM ET (US)            

Certainly if it was a vehicle which received engine damage there would be no question that it would need to be repaired. The insurance company would not be allowed to issue a check for the perceived value of the engine, it would be repaired unless the entire vehicle was totalled.

Perhaps we can argue that it's the transmission that was damaged rather than the engine. But BBS stated he thought the engine was a total loss.

posted 04-01-2009 09:06 AM ET (US)            

Do not underestimate the difficulty and cost of restoring the trailer frame, fenders, and axles to their original condition. Several years ago I had a minor, low speed collision between my trailer fender and an immovable (but hard to see) object. It resulted in the axle alignment being shifted slightly. Although I was insured, I did not file a claim. It was a mistake. I thought I could fix the problem myself for $50 in parts. Over the years, I have spent too much time trying to bang the axle and suspension back to their original positions. In addition, the fender, once bent, never liked to return to its original shape. It has since developed a stress crack that can't be stopped. The fender replacement cost alone is about $150. If they're bent, get new ones.

posted 04-01-2009 08:27 PM ET (US)            

The engine is toast.

The trailer is toast.

The transom is damaged.

Any surveyor would declare this a constructive loss and total the entire thing. Once the transom damage comes into the picture, a repair will be more expensive than replacement.

Advice:

(1): Call a Lawyer ASAP. Don't rely on well intentioned advice offered here, get a professional involved.

(2): Get a Surveyor to survey the entire thing.

(3): Deal with the concept of a constructive loss.

(4): Get a check

(5): Either buy it back as salvage and repair it yourself with the proceeds from the check, or buy another boat.

Been in this exact situation with an airplane, and it worked just like this in the end.

Dave

posted 04-03-2009 08:59 PM ET (US)            

Probably because a $75 letter from your attorney will set the insurance company to notice that you're not fooling around.

If you don't think it's worth a letter, then don't bother. But having had to put both boat and airplane claims in over the years (in both cases after someone else made a mistake), the few dollars I spent on my friendly family lawyer paid me back 100X in saved time, nonsense, and fair settlements.

Dave

posted 04-03-2009 09:19 PM ET (US)            

quote:

---

Probably because a $75 letter from your attorney will set the insurance company to notice that you're not fooling around.

---

I don't know too many seasoned attorneys who can produce an accurate, meaningful letter for $75. That gets me a 15 minute conversation with mine. That's not even enough time to tell her what happened. Then, if she is not one who deals in this type of case law, its off to Westlaw for research, because the last thing an attorney want's to do is start spouting off without ALL the facts. $300-$500 would get a meaningful letter, unless you have an eager ambulance chaser.