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26-06-2020, 15:03
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#1
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Registered User
Join Date: Jul 2011
Location: San Diego, CA
Boat: 1987 C&C 35 MK3
Posts: 40
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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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26-06-2020, 15:42
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#2
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Registered User
Join Date: Apr 2020
Boat: Amel 53, Super Maramu
Posts: 428
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Re: BoatUS Cracked My Hull
Quote:
Originally Posted by robertwcass
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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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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26-06-2020, 16:32
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#3
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Registered User
Join Date: Nov 2018
Location: Panama
Boat: Norseman 447
Posts: 1,626
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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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26-06-2020, 18:01
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#4
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Registered User
Join Date: Jul 2011
Location: San Diego, CA
Boat: 1987 C&C 35 MK3
Posts: 40
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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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26-06-2020, 18:42
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#5
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Registered User
Join Date: Nov 2015
Location: Somewhere in the Pacific Ocean
Boat: Catalina Morgan 45
Posts: 596
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Re: BoatUS Cracked My Hull
Quote:
Originally Posted by robertwcass
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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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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26-06-2020, 18:45
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#6
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Registered User
Join Date: Dec 2019
Location: Boston
Boat: Farr 50 Pilothouse
Posts: 1,348
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Re: BoatUS Cracked My Hull
Quote:
Originally Posted by robertwcass
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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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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27-06-2020, 06:23
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#7
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Registered User
Join Date: Oct 2013
Location: Lake City MN
Boat: C&C 27 Mk III
Posts: 2,647
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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
__________________
Special knowledge can be a terrible disadvantage if it leads you too far along a path that you cannot explain anymore.
Frank Herbert 'Dune'
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27-06-2020, 06:28
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#8
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running down a dream
Join Date: Mar 2006
Location: Florida
Boat: cape dory 30 MKII
Posts: 3,112
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Re: BoatUS Cracked My Hull
tough call but did you reject the repair job at the boat yard?
__________________
some of the best times of my life were spent on a boat. it just took a long time to realize it.
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27-06-2020, 08:41
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#9
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Registered User
Join Date: Jan 2014
Location: cruising / rv
Boat: 1969 Columbia28, 1984/2016 Horstman TriStar36
Posts: 705
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Re: BoatUS Cracked My Hull
Quote:
Originally Posted by robertwcass
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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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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27-06-2020, 09:14
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#10
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Registered User
Join Date: Jun 2008
Location: Tampa, FL
Posts: 5,009
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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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27-06-2020, 09:28
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#11
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Registered User
Join Date: Dec 2009
Location: Fair Haven, Mi.
Boat: Catfisher sloop w/ Mercedes & Catfisher 28' w/ Kubota
Posts: 99
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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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27-06-2020, 09:34
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#12
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Registered User
Join Date: Mar 2019
Boat: A185F, Mystic 30’ Cutter
Posts: 705
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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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27-06-2020, 10:59
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#13
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Registered User
Join Date: Dec 2008
Location: SC
Boat: None,build the one shown of glass, had many from 6' to 48'.
Posts: 10,208
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Re: BoatUS Cracked My Hull
Consult a lawyer,
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27-06-2020, 11:10
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#14
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Registered User
Join Date: Oct 2010
Location: Avalon, NJ
Boat: Albin 40 double cabin Trawler
Posts: 1,886
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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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27-06-2020, 14:54
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#15
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Moderator
Join Date: Nov 2011
Location: aboard, cruising in Australia
Boat: Sayer 46' Solent rig sloop
Posts: 28,438
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Re: BoatUS Cracked My Hull
Quote:
Originally Posted by robertwcass
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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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
__________________
Who scorns the calm has forgotten the storm.
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