Dealing with insurance company

[w1651]

I live in St Pete Florida and went to my boat tonight. I had to wait all day to see it they wouldn't let me out on to the beach where it is in a slip. Well the good news is she is still afloat.
The bad is she is holed at the deck joint, about a foot long and 3 to 4 inches tall. The rub rails are gone and hanging from the side. The sail is shredded, my dingy is holed or torn along the side, The solar panels mountings are broken and one panel is missing completely. The rear rail is bent and the ladder as well.
Has anyone ever dealt with a insurance company and do I need a lawyer to get it repaired or a decent pay out? If it can be repaired and rails replaced that is. I just have never been through this with a boat but know what kind of snakes they are about cars. I loved my boat even if it wasn't top of the line or full of creature comforts.

[sailnautilus]

I had a 43' sailboat at the Hinckley yard in Stuart in hurricane Jeanne. I had Boat US insurance. Damages included rig, hull and keel. My advice is as follows:
-Immediately follow all procedures to file claim with insurance company
-review your policy carefully, get someone to help you if you don't understand the details
-do not immediately hire a lawyer or adjuster to help you, wait to see what the insurance adjuster determines
-be prepared for a low ball offer from the insurance company for repairs
- if they don't "total" the boat and give you full hull value, then be prepared to hire your own surveyor to detail out all the damages... a good one will be your most powerful ally
-once you have the surveyors report, get your own quotes for repairs and present to insurance company, rather than accepting their estimates.

It took me a year to get a resolution from the insurance company.....be prepared for a fight and document everything. Sorry for your loss and best of luck!!!

[Lost Horizons]

I am really curious, and suppose the insurance company will be as well, why didn't you remove the sails, solar panels, dinghy and such before the storm?

[pesarsten]

I think it will depend on your insurance company. I had a claim when I had USAA as my carrier. They were excellent, paid imediatly based on estimate done by adjuster.

You should read your policy carefully to know whats covered and whats not ( solar panel?). Also do some research on the value of your boat as even the damage that you described may cost more than the market value of the boat.

[hellosailor]

You MUST find and read your policy, as painful as that might be. (And insurance policies are intentionally typeset in a manner that makes them hard to read.) You need to know what kind of policy you have (i.e. "Agreed Value") and what that actually means.

Take a legal pad and make notes, or highlight them on a copy.

You MUST also find out the actual insurance laws for Florida. That may be under the Dept. of Agriculture down there...and they will be blitzed on the phone. But a human being will probably be more use than trying to find the insurance laws online.

Insurers often are mandated, by law, to value the boat in specific ways. They often try to bend the rules--to their own advantage. And if you can say "Gee, I spoke to the insurance department and they say you can't do it that way" it ends the game right there. That's why you MUST find out the policy terms, and the laws themselves.

If you don't want to do that, then yeah, you need to hire professional help, or just roll the dice.

[zeehag]

apply for fema assistance. you were damaged in a declared emergency so you qualify.
insurance will total your boat. you may be able after that to purchase it from them at the price they demand of you then you can again rebuild it. or you can get fema money and ins money and buy another boat.

[Emerald Sea]

Read and clearly understand what your conditions of contract/ policy has agreed. You will also have a deductible that needs to be factored in. Are your damages lessor or greater than the deductible? After clearly understanding what your policy states, if applicable, prepare a formal letter stating the damages and ask for a surveyor to be made available for assessment. This is the beginning. From here it can go either way with lots of variables. Keep it professional and emotions out.

If your not comfortable reading contractual language then its best to have someone interpret for you. This doesn't necessarily need to be a lawyer (more expense).

It may be in your case that explicit contractual language has been simplified to more layman terms, as our policy has. This seems to be a trend in the consumer industry, at least in Europe.

I assume you have an American policy thus the governing law will be the USA and further that the insurance company is a member of a reputable governing federation.

But let me add, don't jump in with blaring guns. Most insurance companies are reputable and will take care of you. If you haven't had bad dealings in the past, then give your insurance company a chance to perform. I can imagine they are also extremely busy now.

[Seighlor]

In 2004, my boat was beached by Hurricane Charlie. The recovery and repair costs were significant. I was insured by Castle Key Insurance Company through my AllState agent. They were terrific. Paid for a huge crane to lift the 44' beached boat over a two-story apartment building onto a special trailer, transport it to a boat yard, repair the damaged glass and repaint. No fuss, no arguments and no attorney. I couldn't have been more pleased with the service.

[Cheechako]

As well as the insurance adjuster, Hire a surveyor to record the damage. Negotiate as necessary.

[Captjohn4]

I am sorry to hear of your misfortune. The procedure is to first contact your insurance company, they will send out a surveyor to assess the damage and make recommendations for repair. Second you will need to get the boat to the facility that will repair ir (should be covered by insurance). Then the insurance company and the repair facility should agree on the price and inform you of this decision. You should make a list of the damages and see that they address all of them. Sometimes additional work needs to be done to assess if there is additional damage (such as cracks in the hull requiring blasting to expose the bare hull). Remember the insurance company is to put your boat back to the condition before the incident - not improve it. Also remember your policy limits and deductible.

Of course if all does not go well you can always complain to the state insurance department and they will resolve the problem.

Good luck

John

[TacomaSailor]

2002 Hurricane Marty - had a $15,000 claim with a very large and reputable US insurance company.

I hired a NAMS guy who was also a very accomplished and famous boat builder for many decades. He supervised the survey and negotiated the repairs with the insurance company.

He got WRITTEN approval for $15,000 in repairs to be paid by the insurance company (after my deductible was paid) with a very detailed work order acknowledged by the insurance company.

After the magnificent repairs were done and the boat was as good as new the insurance company started nickel and diming the work order.

For example: The approved work order called for a new bottom but the insurance company said they would only pay for the port side paint.

By the time the insurance company had applied lawerly weasel words to the letter of approval and work orders they wanted to write me a check for $4,500 compared to their written agreement to pay $15,000.

My surveyor said I would surely win the battle in court but it would cost more than $5,000 to fight that battle.

In the end I cancelled the claim when the insurance agreed that all records of the claim would be expunged and I would be able to legally claim I had no claims in my boating history.

This same thing happened to dozens of my friends.

[Colin A]

I used to work claims on yacht insurance. File the claim keep detailed notes. Take lot's of pictures. Keep in contact with the insurance company and gets contacts for everyone you talk too. (This varies by insurance company but typically you will have the surveyor maybe an adjuster and possibly another claims agent on the phone).

The insurance company will line up some way to inspect the boat. I would recommend being there if you can so they don't miss something (they will be busy). I would also recommend getting a trusted repair yard to get you a quote for repairs (some will travel to your boat) . Typically the insurance will write an estimate based on their report or sometimes they will just accept your repair yard estimate (varies by company). They might not see everything in the first go so you may want to discuss supplemental billing and how they handle it with them. It's pretty normal to find more damage when you open up a boat so they should have a way for you to file for additions.

You can hire a surveyor but typically insurance won't cover that so I wouldn't do it unless you have a big issue with what the propose. But it's really up to you.

When i worked in claims the vast majority were closed with an agreement on repair costs with a yard. Really most of the time it's not a big deal.

[Colin A]

Originally Posted by TacomaSailor

2002 Hurricane Marty - had a $15,000 claim with a very large and reputable US insurance company.

I hired a NAMS guy who was also a very accomplished and famous boat builder for many decades. He supervised the survey and negotiated the repairs with the insurance company.

He got WRITTEN approval for $15,000 in repairs to be paid by the insurance company (after my deductible was paid) with a very detailed work order acknowledged by the insurance company.

After the magnificent repairs were done and the boat was as good as new the insurance company started nickel and diming the work order.

For example: The approved work order called for a new bottom but the insurance company said they would only pay for the port side paint.

By the time the insurance company had applied lawerly weasel words to the letter of approval and work orders they wanted to write me a check for $4,500 compared to their written agreement to pay $15,000.

My surveyor said I would surely win the battle in court but it would cost more than $5,000 to fight that battle.

In the end I cancelled the claim when the insurance agreed that all records of the claim would be expunged and I would be able to legally claim I had no claims in my boating history.

This same thing happened to dozens of my friends.

Wow that's bad. If that ever happens again go to your state insurance commission and say that the company is negotiating in bad faith. That typically gets the companies attention. Also annoying the crap out of them helps alot too. As in call every day to check on your claim.

[sailorboy1]

Originally Posted by w1651

I live in St Pete Florida and went to my boat tonight. I had to wait all day to see it they wouldn't let me out on to the beach where it is in a slip. Well the good news is she is still afloat.
The bad is she is holed at the deck joint, about a foot long and 3 to 4 inches tall. The rub rails are gone and hanging from the side. The sail is shredded, my dingy is holed or torn along the side, The solar panels mountings are broken and one panel is missing completely. The rear rail is bent and the ladder as well.
Has anyone ever dealt with a insurance company and do I need a lawyer to get it repaired or a decent pay out? If it can be repaired and rails replaced that is. I just have never been through this with a boat but know what kind of snakes they are about cars. I loved my boat even if it wasn't top of the line or full of creature comforts.

Bet there's a number right on your insurance policy! Try giving it a call.

[zboss]

Originally Posted by Lost Horizons

I am really curious, and suppose the insurance company will be as well, why didn't you remove the sails, solar panels, dinghy and such before the storm?

Right... the owner must take reasonable efforts to secure the vessel against unmitigated losses.