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Old 21-06-2010, 08:30   #1
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Newport 28 Damaged During Trailering

Hi All,

I posted this on my Newport Sailboat owner's yahoo group, and someone there recommended that I post it here as well, as you would be able to be a great resource.

Hi All,
I had my Newport 28 trailered about 300 miles on Friday up to Lake Champlain.
When it arrived, the marina owner did a quick inspection before putting it in the slings and pointed out two cracks which certainly were not there before.
One of them is at, or just above, the keel to hull attachment on the fore end, and wraps around both sides, about 5 inches each side.
The other is where the rear "dummy keel" (the fiberglass section of the keel) is. It starts at the bottom up runs up about 16 inches.
There is now a slow leak coming from just in front of the fore-most keel bolt. The epoxy resin was chiseled from my bilge by a previous owner, so it's quite deep. That being said, the leak rises about 1 inch per hour laterally, maybe 1/3" of an inch in height. I assume that ones this boat is under sail, the lever arm applied will open the crack even more, so the leak will become more serious.
The marina owner pointed out that the rear pad on the starboard side was not even contacting the boat (it was lowered about 3 inches, probably from vibrations along the way). This means all the weight must have been placed on the keel and the front pads.
During the drive the boat must have rocked back and forth and any loads placed on it in bumps or on hills would have been transferred to these points.
The driver is claiming it was "not roadworthy", and is not his responsibility, but has filed a claim with his insurance - Progressive. He used his own trailer, and he is the one who loaded it.
Questions;
1.) Has anyone been through a dispute like this?
2.) Does my boat insurance get involved, or will progressive send their own assessor to inspect the damage?
3.) Any other advise or comments would be welcome!
This sucks. I spent the last 3 weeks stripping and sanding the bottom, reinforcing with West Systems epoxy, and applying 7 layers of interprotect and 4 of vc-17m. I was hoping to get it in the water and sail. Thanks all.

Best,
Jake
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Old 21-06-2010, 09:31   #2
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It sounds like the driver didn't set the side stands correctly to keep the boat from bouncing on the keel. He hauled it, he pays for it....
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Old 21-06-2010, 09:49   #3
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Did the driver use his own cradle or was the boat transported using the cradle it was on?
If the first is true and the driver loaded your boat he (his insurance co) would have to accept responsibility.
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Old 21-06-2010, 09:57   #4
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Yes, he did use his own cradle. Am I going to have trouble proving this? How much proof is usually the burden of the owner? I have no photographs of it on his rig after the damage was done, but do have 3 witnesses that saw it arrive without the rear side stand making contact with the hull.
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Old 21-06-2010, 11:05   #5
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It would be 'nice' if you had some pictures. I guess that if the driver used his own gear it is his sole responsibility to load and take care of his cargo in a professional manner.
Everyone transporting boats should know it is not good enough to support a boat on its keel only.
If I were in your position and would compile all evidence available (like names of witnesses, pictures of its current state and statement of marina owner) and forward it to your insurance company. Was there some sort of contract for the transport? Submit that too.
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Old 21-06-2010, 11:15   #6
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Get the name and numbers of the witnesses!!!!


That'll be your case against the driver!
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Old 21-06-2010, 12:02   #7
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I posted this in a thread about shipping a mast...

Quote:
Originally Posted by Fiveslide View Post

I don't have flatbeds or I would cut you a deal directly. You could try to got to a truckstop and ask, but I wouldn't. Go through a freight broker or a flatbed company... with good cargo insurance. The market is competitive enough that you will not be getting ripped off. Operating costs are high in this industry, even though we charge you what seems like an arm and a leg, we aren't getting rich off of you.
This is exactly the reason I wrote that. I've never dealt with Progressive, but I think you're in for a fight to get this paid for.

The only thing that will help you is it doesn't sound like the driver covered his butt with pictures either and you have witnesses. I still think Progressive is going to fight it as long as possible.

I have my trucks leased on to a large owner operator only fleet. They have 8000+ trucks. They get a ton of my money every week, and a ton of the other owner's money as well, but we're backed by one of the most financially stable companies in the business and they would pay this claim without a second thought. My company gives us a choice of insurance providers, Progressive is not one of them, probably for good reason. If I ever have to have my boat hauled I'm not getting some one-man operation to do it. I'm choosing a reputable carrier, please, the rest of you should do the same.

I hope you get this worked out, my friend.
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Old 27-06-2010, 12:39   #8
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All dealing with an insurance company should be considered a negotiation. Nothing that the adjuster says means anything unless it's "YES". If they say no, that just means that you still have to fight. If they won't pay enough for repairs that means you still have to fight. They will oil the squeaky wheel. You just have to keep squeaking. Don't get frustrated, just get determined.
Clearly the mover is at fault. He loaded it on his trailer. Period. Let the insurance company deal with it if he won't take care of it. Get your insurance company involved if Progressive puts up a fight. They should fight for you, that's part of what you're paying them for. You'll have to pay your deductible if you use your insurance company but you'll get it back after subrogation.
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Old 30-04-2016, 11:09   #9
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Re: Newport 28 Damaged During Trailering

I know this is years later but I wonder if anyone knows the result of this? How long did it take to fix, what was the result? Who paid?
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Old 30-04-2016, 17:42   #10
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Re: Newport 28 Damaged During Trailering

Wow, haven't thought about this in a long time. I'm not even active on these forums but got an email about a reply to my thread.

Progressive refused to pay and I ended up doing the repair myself. They fought it tooth and nail and I didn't want to deal with it. Used west systems g/flex.
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Old 04-07-2016, 05:00   #11
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Re: Newport 28 Damaged During Trailering

I would like to know what was actually written in the initial claim, since the driver never felt it was his fault.

I would also say, after weighing the potential costs involved if the devil(attorney), should have been called on ... 300 miles is a long trip for a boat not to be properly settled onto the pads ... and why on earth did this driver make a few checks to ensure the pads were still doing their job?

Why on earth is a driver using a system(for the pads), that would allow gravity to displace the pads?

Maybe the insurance company refused the claim because of the driver's incompetence .... maybe YOU, or your attorney should have made the claim, since you're the party that was actually harmed.
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Old 04-07-2016, 09:50   #12
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Re: Newport 28 Damaged During Trailering

When you say..."the driver"...is this a friend of yours? Were you with him during the transport? Newports are not know for their strength. Most likely the boat moved a little with braking and the boat basically sat on its keel and began pumping the hull. These things are pretty thin.
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Old 04-07-2016, 15:43   #13
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Re: Newport 28 Damaged During Trailering

All the weight of the boat should be taken by the keel. The pads are there just to keep the boat upright. Doesn't mean that the driver didn't cause the problem by hitting a bump or rough road at speed but loose pad in itself shouldn't have caused a problem.
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