Boat Dropped During Haulout

[offline]

Paul R. Anstey
Marine Surveyor
(954) 763 8276

He is good.

[AllezCat]

Assuming i allow them to haul.
And it is successful.
What could I ask them to do?
Pay for surveyor? (whom I select)
What else?
My time. Depreciation on vessel?
Third parties brought in to repair damage?
All under surveyors supervision..

[offline]

IANAL but if it were me and given the dollar values involved.

1: Get insurance companies involved. Yours and theirs.

2: Get an independent survey done of the damage. Yes it will be out of pocket but you'll have some expert advice.

If it were me I'd demand full reimbursement for any and all costs that you were reasonably forced to undertake associated with the incident. This could include survey, hotel? loss of value due to damage, etc..

[AllezCat]

Originally Posted by offline

IANAL but if it were me and given the dollar values involved.

1: Get insurance companies involved. Yours and theirs.

2: Get an independent survey done of the damage. Yes it will be out of pocket but you'll have some expert advice.

If it were me I'd demand full reimbursement for any and all costs that you were reasonably forced to undertake associated with the incident. This could include survey, hotel? loss of value due to damage, etc..

Because you are not a lawyer your advise has voracity.
I would prefer to go elsewhere, pay , repair, live on then hopefully compensated.
No lawyer/insurance would care about the boat sitting while they argue$$$
Main problem is moving

[captain465]

Can you make the trip to Ft Lauderdale via the ICW? That would take the stress off an off shore trip with a compromised hull .
+1 to the advice of others here regarding not letting the yard do anything, and getting a serveyor that YOU hire.

[David_Old_Jersey]

Originally Posted by AllezCat

Assuming i allow them to haul.
And it is successful.
What could I ask them to do?
Pay for surveyor? (whom I select)
What else?
My time. Depreciation on vessel?
Third parties brought in to repair damage?
All under surveyors supervision..

Everything (and maybe also for your phsycological trauma ).....might not get everything, but gotta start somewhere.

I would not allow anything - until your insurance company gives the OK, in writing.

Ideally the boat yard will be insured for all this, so apart from a possible premium increase they probably should not care too much......your insurance co will go after the other ins co.

Given the likely values involved for a cat that size I would be very surprised if the insurance company does not take control of the situation (appoints own Assessor / Surveyor / damage report / relocate boat to somewhere it can be fixed under supervision of own Surveyor - all on there dime )...........but I think it would be prudent to also get your own Surveyor (and reports, inc estimates / costings to fix) to both inspect the damage and to supervise the work (not to say that Ins co would pick cheapest fix options ). Odds are you'll have to front that up ($$) and a chance that won't be reclaimable......but also a chance could be the best money ever spent if it goes all legal

IME the more one can do in advance to counter future problems, the less likely others will later "Try it on".

[clockwork orange]

What a bummer, It seems to me that you first contact your insurance company,they will pay the expenses and collect back from the yards insurance so the cost of the surveyor should not be out of your pocket.You should do the research and select the surveyor, i would not necessarily accept who the insurance co has on their list, many are not competant. Just because the yard dropped the boat does not mean they are not to be trusted,they just made a mistake,they are human. I would think that taking the boat to sea to take it to Ft Lauderdale could complicate things if you ended up in a lawsuit as they could say it agrevated the damage.
Steve.

[DeepFrz]

If you can get your hands on a Passagemaker magazine, August 2007, page 138, there is an excellent article on just what happened to you and what you need to do.

Article: A Haulout Gone Bad: Our loss may be your gain by Don Perrine.

All the best of luck.

There is a taste of it on Web Extras
http://www.passagemaker.com/magazine...ponent&print=1

Although the web extras article is mostly about what to do before the accident happens.

[SailFastTri]

Others have given a lot of good advice. Your concern about moving the boat is valid. You could leave it in their yard and pay the marina for storage and use of any heavy equipment needed, but have the work managed by a trusted/qualified 3rd party and performed by another contractor who is not working under yard control. The yard may object for insurance reasons, saying they're not insured for other parties, but reasonable people can handle that by providing a certificate of insurance for the outside contractor (who can provide that).

Also, you mentioned refit and new engines, etc. You must keep that work separate from the repairs needed as a result of the accident.

[AllezCat]

Originally Posted by captain465

Can you make the trip to Ft Lauderdale via the ICW? That would take the stress off an off shore trip with a compromised hull .
+1 to the advice of others here regarding not letting the yard do anything, and getting a serveyor that YOU hire.

87' mast
But need to unstep anyway...
Maybe the way...

[CharlieCobra]

Sorry to hear about the drop. Be thankful ya weren't inside the boat when they dropped it like a poor fella at a local yard here. He got a smashed boat and an ambulance ride.

Yeah I know, who the hell lets a customer stay on a boat when launching it?

[colemj]

http://www.nordhavn.com/news/article...r_Aug%2007.pdf

Originally Posted by DeepFrz

If you can get your hands on a Passagemaker magazine, August 2007, page 138, there is an excellent article on just what happened to you and what you need to do.

Article: A Haulout Gone Bad: Our loss may be your gain by Don Perrine.

All the best of luck.

There is a taste of it on Web Extras
A Haulout Gone Bad

Although the web extras article is mostly about what to do before the accident happens.

[bene505]

Not a lawyer, but I would not take her to sea to go even 500 feet until after she is thoroughly inspected and a written report is completed and signed. Lawyers WILL find a way to weasel out of fixing things by saying the damage happened during that 500 foot journey. Or that the damage got worse as a result of stresses underway - even if that's not true. Then you are stuck paying a big amount.

People work for the ones paying them. If you want a surveyor, you have to write the check, not the other guy.

Great advice above. Be prepared to eventually go to court, and (by being so prepared) you won't have to go to court.

This happens in the world. It's nothing new. You'll sail again.

Bravo for posting your questions!! By asking for advice your odds of getting through this are a million times better.

If you live aboard, the yard should pay for your hotel, of course. They have to make this right in the fullest sense of the word.

Regards,
Brad

[teneicm]

Originally Posted by bene505

Or that the damage got worse as a result of stresses underway - even if that's not true. Then you are stuck paying a big amount.

+1. You are not my client and I am not giving you advice but I would absolutely get your insurance involved ASAP and not move the boat unless all parties agree it is how to proceed.

[David_Old_Jersey]

Originally Posted by teneicm

+1. You are not my client and I am not giving you advice but I would absolutely get your insurance involved ASAP and not move the boat unless all parties agree it is how to proceed.

Yeah, and remember that it is not just the Boatyard and there Ins Co who will take any opportunity to stiff you............your own would too