Cruisers Forum

Join CruisersForum Today

Thread Tools Rate Thread Display Modes
Old 23-07-2011, 16:26   #16
Registered User
Sailagain's Avatar

Join Date: Apr 2011
Location: Bristol, RI
Boat: Beneteau 34'
Posts: 153
Originally Posted by David M

With all due respect, this is not true. If the guilty party is not insured, ones insurance company will then go directly after the guilty party to recover costs. I have seen this.
I have seen this too - at least in the land vehicle (car) world

When I was hit - it went under my uninsured motorist coverage initially. After my insurance company got the money from the individual - I got my deductible payment reimbursed to me. It took almost a year.

Sailagain is offline   Reply With Quote
Old 23-07-2011, 16:35   #17
Registered User

Join Date: Sep 2010
Posts: 793
Re: Travelers Insurance Refusal to Pay

I think the key here is that YOUR insurance company is obligated to pay for the damage to your boat. That's why you have insurance. The existence of the other boater, their insurance, and whether it provides coverage or not is irrelevant with respect to Boat/US's (I think that's who you said is your insurance provider) obligation to cover the damage to your boat. It's then up to them, not you, to go recover the costs from whoever/whatever. It sounds like BoatUS has conveniently steped aside, and I think you need to step back in front of them. Is there anything in your policy that says BoatUS doesn't have to pay if someone else wrecks your boat? I doubt it. Is there anything in your policy that says they don't have to pay if someone else has insurance? I doubt it. And isn't this exactly the situation here?

The only time you should have to personally go after another boater's insurance is when you have no insurance coverage yourself.

Have you filed a claim with BoatUS? If not, that's the first step. And are they refusing to pay the claim?

twistedtree is offline   Reply With Quote
Old 23-07-2011, 16:53   #18
Registered User
Capt Phil's Avatar

Join Date: Jun 2010
Location: Stateline NV
Boat: Prior boats: Transpac 49; DeFever 54
Posts: 2,648
Re: Travelers Insurance Refusal to Pay

I side with David M on this one... you are insured against loss by your insurance company, not Travellers. Your insurance company should pay you out and go after the party responsible for the damage.
The only wrinkle I see is if you are a licensed captain, ie., USCG Master, then it can get messy with arguments about where you may have been anchored in relation to an open roadstead, amount of scope on your vessel, watchkeeping practices, your ships log, etc.
Bottom line... get a lawyer and put the onus on your ins company. Hope it all works out... Capt Phil
Capt Phil is offline   Reply With Quote
Old 23-07-2011, 16:58   #19
Registered User
redcobra's Avatar

Join Date: Mar 2009
Location: Towson, MD Chesapeake Bay
Boat: Pearson 39 Yawl "ZigZag"
Posts: 516
Re: Travelers Insurance Refusal to Pay

I have BoatUS and it is my understanding after reading my policy that BoatUS will pay the claim LESS YOUR DEDUCTIBLE, and will only pay your living expenses if you have coverage for that. So you will have to go after the perp for the deductible and living expeses, but I bet BoatUS will help you do it.
I am assuming that when you say living expenses it is because the boat is your home. I believe BoatUS offers a rider for that (you have to ask for it when yu get insurance), but if you didn't pay for that coverage...If you have a residence ashore, I doubt you will get living expenses either.
I would be very suprised if BoatUS didn't help you in any way it legally can.

Note the OP said, "Needless to say, we are sick. Boat US, our company, will fix the boat. We must pay all expenses for 2 to 3 months and the 5k deductable."
redcobra is offline   Reply With Quote
Old 23-07-2011, 17:03   #20
Moderator Emeritus
David M's Avatar

Cruisers Forum Supporter

Join Date: Sep 2007
Location: San Francisco Bay
Boat: research vessel
Posts: 9,844
Re: Travelers Insurance Refusal to Pay

With the case I saw, the uninsured guilty party was sued by the innocents insurance company. The innocent never recovered their deductible for unknown reasons the insurance company did not want to describe. Fortunately the deductible was only $1000, therefore it was not that big of a hit to the innocent party.

Life begins where land ends.
David M is offline   Reply With Quote
Old 23-07-2011, 17:32   #21
Senior Cruiser
S/V Antares's Avatar

Cruisers Forum Supporter

Join Date: Sep 2007
Location: Annapolis, Bahamas
Boat: 1983 Gulfstar 36
Posts: 1,240
Images: 1
Re: Travelers Insurance Refusal to Pay

The drivers ins co can deny a liability claim based on a DUI then that is a real problem for all or some of us. I can understand if they will not pay for the drivers boat / car. I think I will cancel my traverlers policy asap.
Will & Muffin
Lucy the dog

"Yes, well.. perhaps some more wine" (Julia Child)
S/V Antares is offline   Reply With Quote
Old 23-07-2011, 18:44   #22
Registered User
JoeDiver's Avatar

Join Date: Feb 2011
Location: DFW Metroplex
Boat: 1982 Catalina 25 Yacht
Posts: 164
Re: Travelers Insurance Refusal to Pay

No experience with a boat claim, but....

A lady ran a red light, plenty of witnesses...and smashed the crap out of my car. I called my insurance company at the scene (USAA) and they handled absolutely everything. Sent a rental car to the scene of the accident. Called the tow truck and told them where to take it. Paid everything to fix my car and the rental.

All I was ever told was "We take care of you and will go after her and her insurance company to get our money back."

And that they sucked having the wreck, but USAA took the sting out of it and made it completely hassle free for me.

1982 Catalina 25, #2897; SR/FK/Traditional; Eagle Mountain Lake, Texas.
JoeDiver is offline   Reply With Quote


Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
Insurance ? limmer General Sailing Forum 12 26-08-2011 21:37
Flagging My Boat, Captains and Insurance toddsgirl0323 Dollars & Cents 28 04-08-2011 21:27
I Need 300k in Liability Insurance Ironhorse74 Dollars & Cents 18 10-07-2011 08:16
Want to Rent: Will Pay Your Mooring Fee naa1103 Classifieds Archive 0 30-06-2011 18:20

Our Communities

Our communities encompass many different hobbies and interests, but each one is built on friendly, intelligent membership.

» More about our Communities

Automotive Communities

Our Automotive communities encompass many different makes and models. From U.S. domestics to European Saloons.

» More about our Automotive Communities

Marine Communities

Our Marine websites focus on Cruising and Sailing Vessels, including forums and the largest cruising Wiki project on the web today.

» More about our Marine Communities

Copyright 2002-2015 Social Knowledge, LLC All Rights Reserved.

All times are GMT -7. The time now is 02:17.

Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2016, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.