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Old 26-06-2020, 15:03   #1
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BoatUS Cracked My Hull

BoatUS ran into my sailboat off Cortez Banks and cracked the hull. They took responsibility and had it fixed at a local San Diego boat yard. The gel coat does not match. Should they be responsible to paint the entire hull so I don't have a boat with a large spot of mis-matched color?
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Old 26-06-2020, 15:42   #2
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Re: BoatUS Cracked My Hull

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BoatUS ran into my sailboat off Cortez Banks and cracked the hull. They took responsibility and had it fixed at a local San Diego boat yard. The gel coat does not match. Should they be responsible to paint the entire hull so I don't have a boat with a large spot of mis-matched color?
Like all things sailing is “It Depends” (I should have made that my posting name...)

The following is not legal advice, just common sense...

If your boat was in excellent cosmetic condition before the accident, then yes, they owe it to you to return it to that condition. Anything less reduces the value of your property, and that’s their fault, and they should make it right.

If your boat before the accident had the nautical equivalent of mismatched fenders and primer paint, then no. They have no responsibility to make you boat “like new” if it was a beater.

As to matching gel coat, it is HARD, but a good crew can do an AWESOME match. I had extensive fiberglass work done this past year, and the color match is so good it amazes me. Now... that is on a deck where you can put in “edges” to break the visual appearance, and in the long run, the new gelcoat will fade differently than the original. So even if it matches perfectly today, in 5 years of sun, maybe not so much.
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Old 26-06-2020, 16:32   #3
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Re: BoatUS Cracked My Hull

It’s really a question of how hard you want to fight. Realistically, the at-fault party has to repair the boat “to its previous condition,” not to "like new" condition. Our marina had a case where a 37’ sailboat on a mooring was hit by a 100+’ boat that was tying up to the dock. The big boat was willing to pay to fix the bent fittings and the gouged and scraped up fiberglass and paint the entire repaired starboard side. They balked at repainting the whole boat, which had a seven-year-old paint job. So, how much would one fight to get the other side painted?
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Old 26-06-2020, 18:01   #4
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Re: BoatUS Cracked My Hull

The gelcoat is original from 1987, C&C 35 MKIII. It was in storage for 13years so the gelcoat is still very good although slightly faded. BoatUS hit my boat doing approximately 10-15knots. They hit the starboard corner of the transom above the water line that created 3 6-12" long jagged cracks that splayed out like a star from the point of impact so the area of repair is approximately 20x24". The transom looks ok but the starboard side of the hull has a large area that has a noticeable difference in colors. So the damaged/repaired area stands out and will probably result in decreased value if I was to try and sell her.
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Old 26-06-2020, 18:42   #5
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Re: BoatUS Cracked My Hull

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Originally Posted by robertwcass View Post
BoatUS ran into my sailboat off Cortez Banks and cracked the hull. They took responsibility and had it fixed at a local San Diego boat yard. The gel coat does not match. Should they be responsible to paint the entire hull so I don't have a boat with a large spot of mis-matched color?
Are you looking for moral support/sympathy, a public thumbs up/down verdict, random opinion, or actual legal advice for California law?
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Old 26-06-2020, 18:45   #6
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Re: BoatUS Cracked My Hull

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Originally Posted by robertwcass View Post
The gelcoat is original from 1987, C&C 35 MKIII. It was in storage for 13years so the gelcoat is still very good although slightly faded. BoatUS hit my boat doing approximately 10-15knots. They hit the starboard corner of the transom above the water line that created 3 6-12" long jagged cracks that splayed out like a star from the point of impact so the area of repair is approximately 20x24". The transom looks ok but the starboard side of the hull has a large area that has a noticeable difference in colors. So the damaged/repaired area stands out and will probably result in decreased value if I was to try and sell her.
It seems like you have a fairly logical argument. The gelcoat wasn't new, but it was in good condition and uniform appearance. They failed to return it to it's previous condition. This may result in further financial damages to you. Whether logic holds any sway is another matter.
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Old 27-06-2020, 06:23   #7
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Re: BoatUS Cracked My Hull

Based on other threads here it seems some people would have been happy to get what you got. Eg they had to fight to get anything or sometimes nothing. So it’s up to you to decide if this is the fight you want and if so you may end up having to legal up.
All up to you
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Old 27-06-2020, 06:28   #8
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Re: BoatUS Cracked My Hull

tough call but did you reject the repair job at the boat yard?
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Old 27-06-2020, 08:41   #9
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Re: BoatUS Cracked My Hull

Quote:
Originally Posted by robertwcass View Post
BoatUS ran into my sailboat off Cortez Banks and cracked the hull. They took responsibility and had it fixed at a local San Diego boat yard. The gel coat does not match. Should they be responsible to paint the entire hull so I don't have a boat with a large spot of mis-matched color?
They’re an insurance company.
They’re all about making your boat whole. That means , as it was before they crashed it.
A letter to insurance commission may be in order to encourage them .😇
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Old 27-06-2020, 09:14   #10
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Re: BoatUS Cracked My Hull

BoatUS ran into your sailboat!?! BoatUS is an organization. It is not a physical thing, and it does not own any boats itself. So, if you want to pursue this any further, the first thing you need to do is figure out who really ran into your boat. Perhaps a tow company that is associated with BoatUS, and so had their logo on the side?
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Old 27-06-2020, 09:28   #11
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Re: BoatUS Cracked My Hull

I would turn the claim into my own insurance company, have them properly repair my boat and let them go after BoatUS. Most insurance companies would pay for one side plus the transom.
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Old 27-06-2020, 09:34   #12
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Re: BoatUS Cracked My Hull

My understanding of responsibility/ insurance is it makes you whole again.

Boat should be more or less as it was before, now if you have to be 1/2" away to tell the difference I'd say you're being a little silly, but I would also say you have a case to paint or gel the whole hull, it will take work on your part to loosen the insurance companies death grip on their money. After all insurance is in the business of taking as much as they can, while paying out as little as they can
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Old 27-06-2020, 10:59   #13
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Re: BoatUS Cracked My Hull

Consult a lawyer,
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Old 27-06-2020, 11:10   #14
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Re: BoatUS Cracked My Hull

Was this during an assist to your boat?

If so, read the fine print of services rendered.

They may not have been responsible at all.....or at least if they were not grossly negligent.

If they just hit you out of the blue, different story.

Read their literature carefully if it was a requested assistance operation and see how much more they will work with you....beyond that a lawyer may be your best bet.
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Old 27-06-2020, 14:54   #15
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Re: BoatUS Cracked My Hull

Quote:
Originally Posted by robertwcass View Post
BoatUS ran into my sailboat off Cortez Banks and cracked the hull. They took responsibility and had it fixed at a local San Diego boat yard. The gel coat does not match. Should they be responsible to paint the entire hull so I don't have a boat with a large spot of mis-matched color?
Here's what life has taught me about paint on boats.

1) Automotive LPU is better than marine LPU for longevity.

2) Paint is fragile. It is subject to chipping, when something gets to its surface, so painting as close to the color of the gelcoat is a good idea. It will want to be re-done in 7 to 15 years, depending on the paint used.

*****

I think you have a good, functional repair, and I'm sorry it doesn't match, color-wise. It should have. Yes, it is picky to do color matching, but that's part of the job. MAYBE you could come to some kind of a compromise deal with the company, whereby they re-gelcoat it with correct attention to the color match?

Ann
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