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Old 03-11-2010, 12:20   #1
tsl
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Crane Dropped My O'day 39

Fortunately it was only about a foot and it landed back on the trailer. The suspension and bracing saved her.
A lifting strap tore and the spreader bar (12' X 16" I-beam) came crashing down on my toe rail. It's badly mangled.
My question: How do I find a replacement. I'm in contact with Rig Rite looking for Goiot matches. Things are not looking good.

What are my alternatives. The Crane company is a small local firm. I'd rather not force them to file an insurance claim.

I'll have the prop shaft inspected and the engine re-aligned once I get it back into the water. Anything else I should be looking at?
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Old 03-11-2010, 12:24   #2
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Holy Cow. Small firm or not they should have checked their rigging and are liable for the damage to your boat. Had this happened at a different time, your boat might have landed on someone.

I don't know how your trailer is set up, but if your boat is point loaded, I'd be checking the hull pretty carefully in the area where the supports meet the boat.
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Old 03-11-2010, 12:26   #3
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I think I would get a marine surveyor in, to assess any possible damages. That will cover both you and the operator, there might be something that gets missed and doesn't show up until later.
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Old 03-11-2010, 12:43   #4
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Fortunately the trailer was a custom built rig designed to haul sailboats. There were about 14 pads holding the hull with the keel on the bed. The boat fell exactly back onto the pads and the bed. I'll be stripping the bottom paint next summer so I will look closely for damage. Can't find anything on the inside. To add to the story, they replaced the strap and lifted again. This time with a safety chain. The other strap broke. This guy is out of business if the insurance company gets wind of this. I wonder if I am doing the right thing by going easy on him. I don't want to see this guy on the evening news.
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Old 03-11-2010, 12:55   #5
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Reminds me of the time I hired a company to take down some monster pine trees in my back yard. They dropped one on the house. My comment, "Well if I wanted a tree dropped on my house, I would have cut it down myself. This is what I hired you for!!!"

While I sympathize with the small mom and pop business person, you gotta hold him accountable. They carry insurance for a reason. In my case, the tree company asked me if I would mind if they paid for all repairs out of pocket rather than submitting a claim. I was fine with that since I could care less where the money comes from as long as it's not my pocket.

1) Get the boat surveyed, this is your only recourse for hidden damage.

2) Call your insurance company and put them on notice of the event. Specifically indicate that this is not a claim at this time. You'll need to include the insurance information and rigging company name.

3) If there is any damage, have it rectified NOW while you have recourse. NOT next year. Once you start sailing and then haul the boat and find hidden damage they will contend the damage was caused after the fact and wave liability.

It is not your fault that the rigging company didn't maintain their equipment. That is between the rigging company and his insurance company. Being a nice guy is going to potentially incur cost out of pocket for you. There is only one right thing to do, and that is CYA.
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Old 03-11-2010, 13:01   #6
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I saw a boat dropped, it was five boats after us on the lift schedule, the obvious damage was bad...the surveyor found enough to write the boat off and it was worth well over $200,000.
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Old 03-11-2010, 13:03   #7
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As a first step, THEY should pay for a survey, your surveyor, to assess the boat and any damage.

Chris
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Old 03-11-2010, 13:43   #8
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Do the man a favor, and take him out of business, BEFORE he kills somebody.
Honestly-2 broken straps- and you have to ask for advice.
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Old 03-11-2010, 13:46   #9
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Originally Posted by witzgall View Post
As a first step, THEY should pay for a survey, your surveyor, to assess the boat and any damage.

Chris
Agreed. At no point should any cost be incurred by the boat owner for this.
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Old 03-11-2010, 13:48   #10
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Do the survey NOW
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Old 03-11-2010, 14:37   #11
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Quote:
Originally Posted by Shrew View Post
Reminds me of the time I hired a company to take down some monster pine trees in my back yard. They dropped one on the house. My comment, "Well if I wanted a tree dropped on my house, I would have cut it down myself. This is what I hired you for!!!"

While I sympathize with the small mom and pop business person, you gotta hold him accountable. They carry insurance for a reason. In my case, the tree company asked me if I would mind if they paid for all repairs out of pocket rather than submitting a claim. I was fine with that since I could care less where the money comes from as long as it's not my pocket.

1) Get the boat surveyed, this is your only recourse for hidden damage.

2) Call your insurance company and put them on notice of the event. Specifically indicate that this is not a claim at this time. You'll need to include the insurance information and rigging company name.

3) If there is any damage, have it rectified NOW while you have recourse. NOT next year. Once you start sailing and then haul the boat and find hidden damage they will contend the damage was caused after the fact and wave liability.

It is not your fault that the rigging company didn't maintain their equipment. That is between the rigging company and his insurance company. Being a nice guy is going to potentially incur cost out of pocket for you. There is only one right thing to do, and that is CYA.
Excellent post and excellent advice: LISTEN to this man!

Cheers,

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Old 03-11-2010, 15:24   #12
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Thanks for the advise. It's to early for the surveyor. I must first remove 8 layers of bottom paint. Maybe even pull the keel. The boat will be on the hard for at least two years while I repair a few soft spots in the deck refinish the interior ETC.. The last thing I want is a Surveyor saying he sees no damage and then find all sorts of problems when the boat is in the water. The boat was just surveyed prior to being purchased and moved here. The crane company knows that they may end up with a sailboat, my attorney has made that clear. He's got the CYA thing covered. So what about the toe rail? Do I take a section out and have it straightened, welded and filled? I'll have to paint all the rails silver. Or do I have the toe rail replaced? There is nothing on the market with the same bolt spacing. New toe rail likely means new stanchion sockets and a bunch of other fittings. Is this a can of worms?
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Old 03-11-2010, 15:28   #13
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It may be a can of worms you are quiet right but its not your can of worms. Pick up the can, hand it to the crane company, and tell them to open it.
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Old 03-11-2010, 15:39   #14
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Quote:
Originally Posted by Khagan1227 View Post
Holy Cow. Small firm or not they should have checked their rigging and are liable for the damage to your boat. Had this happened at a different time, your boat might have landed on someone.

I don't know how your trailer is set up, but if your boat is point loaded, I'd be checking the hull pretty carefully in the area where the supports meet the boat.
I agree they should have had their gear inspected.You surely are going to find something,tabbing on bulkheads who knows till its checked out you might get lucky! If it were mine I would have it properly inspected.
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Old 03-11-2010, 15:49   #15
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I think you are leaving yourself in a precarious position if delaying the survey. In the insurance world you have a duty of due diligence in assessing the damage to your boat. The reality is that there appears to be minimal damage but appearances can be deceiving. You have a recent survey which is great so you know the pre-existing problems with the boat.
What you need now is a surveyor from your insurance company to come examine the boat. If it is a surveyor experienced in assessing damages they may in fact say all the paint needs to come off before an assessment can be made.
My feeling is that you should make an claim with your insurance company and have them assess the boat. If it is badly damaged they can then provide you with recompense and they can battle with the operator and their insurance. I don't think you should deal with the crane operators insurance directly, especially if they are not a marine company.
My 2 c,
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