Travelers Insurance Refusal to Pay

[Sailagain]

Originally Posted by David M

With all due respect, this is not true. If the guilty party is not insured, ones insurance company will then go directly after the guilty party to recover costs. I have seen this.

I have seen this too - at least in the land vehicle (car) world

When I was hit - it went under my uninsured motorist coverage initially. After my insurance company got the money from the individual - I got my deductible payment reimbursed to me. It took almost a year.

[twistedtree]

I think the key here is that YOUR insurance company is obligated to pay for the damage to your boat. That's why you have insurance. The existence of the other boater, their insurance, and whether it provides coverage or not is irrelevant with respect to Boat/US's (I think that's who you said is your insurance provider) obligation to cover the damage to your boat. It's then up to them, not you, to go recover the costs from whoever/whatever. It sounds like BoatUS has conveniently steped aside, and I think you need to step back in front of them. Is there anything in your policy that says BoatUS doesn't have to pay if someone else wrecks your boat? I doubt it. Is there anything in your policy that says they don't have to pay if someone else has insurance? I doubt it. And isn't this exactly the situation here?

The only time you should have to personally go after another boater's insurance is when you have no insurance coverage yourself.

Have you filed a claim with BoatUS? If not, that's the first step. And are they refusing to pay the claim?

[Capt Phil]

I side with David M on this one... you are insured against loss by your insurance company, not Travellers. Your insurance company should pay you out and go after the party responsible for the damage.
The only wrinkle I see is if you are a licensed captain, ie., USCG Master, then it can get messy with arguments about where you may have been anchored in relation to an open roadstead, amount of scope on your vessel, watchkeeping practices, your ships log, etc.
Bottom line... get a lawyer and put the onus on your ins company. Hope it all works out... Capt Phil

[redcobra]

I have BoatUS and it is my understanding after reading my policy that BoatUS will pay the claim LESS YOUR DEDUCTIBLE, and will only pay your living expenses if you have coverage for that. So you will have to go after the perp for the deductible and living expeses, but I bet BoatUS will help you do it.
I am assuming that when you say living expenses it is because the boat is your home. I believe BoatUS offers a rider for that (you have to ask for it when yu get insurance), but if you didn't pay for that coverage...If you have a residence ashore, I doubt you will get living expenses either.
I would be very suprised if BoatUS didn't help you in any way it legally can.

Note the OP said, "Needless to say, we are sick. Boat US, our company, will fix the boat. We must pay all expenses for 2 to 3 months and the 5k deductable."

[David M]

With the case I saw, the uninsured guilty party was sued by the innocents insurance company. The innocent never recovered their deductible for unknown reasons the insurance company did not want to describe. Fortunately the deductible was only $1000, therefore it was not that big of a hit to the innocent party.

[S/V Antares]

The drivers ins co can deny a liability claim based on a DUI then that is a real problem for all or some of us. I can understand if they will not pay for the drivers boat / car. I think I will cancel my traverlers policy asap.

[JoeDiver]

No experience with a boat claim, but....

A lady ran a red light, plenty of witnesses...and smashed the crap out of my car. I called my insurance company at the scene (USAA) and they handled absolutely everything. Sent a rental car to the scene of the accident. Called the tow truck and told them where to take it. Paid everything to fix my car and the rental.

All I was ever told was "We take care of you and will go after her and her insurance company to get our money back."

And that they did.....it sucked having the wreck, but USAA took the sting out of it and made it completely hassle free for me.