Neighbors Boat Fire Seriously Damages My Boat

[CarlF]

I would work with your lawyer. Make sure the lawyer knows that you are not looking for a big settlement - just enough to fix the boat (and pay the lawyer).

As anyone who has been involved in a liability suit knows, you go after anyone who has any imaginable connection. The pellet stove company will certainly be on the list. It's not your job to make the case as to who has liability. You are submitting to a process, let the process work.

Any money is going to come from someone's insurance company. Insurance companies are not emotionally involved. They make a business decision about the cheapest way to make a problem go away. The facts of this case are not one that an insurance company wants to see go to court (a sympathetic guy loses his home through no fault of his own). The amount of money involved here is small enough, that writing a check may be an easy decision for them.

[Terra Nova]

Originally Posted by CarlF

...Make sure the lawyer knows that you are not looking for a big settlement...

Yeah, that ought to get him motivated.

[buzzstar]

Rather than quote post # 90, I will simply reply. The OP sought advice. Much was given, as always, some good, so not, but all presumably based on the knowledge and opinions of the providers. It is now up to the OP, not us, to act or not, and if so how. Maybe crowd sourcing repair is an option. Why not?

[Cadence]

I may have missed it. How much damage did you incur?

[cburger]

So my lawyer had suggested that the marina is negligent however he has litigated against them in the past and have a very capable attorney, and in the end may be better served fixing the boat with my own money.

[cburger]

As an update the individual who's boat burned, has disappeared and has mentioned never provided the marina with a certificate of insurance. What I find extremely frustrating is with the exception of an initial call from the marina on the day of the fire they have not reached out once since to let me know what is going on with the process.


I had a suveyor come to look at the boat last week and he has indicated that he has the name of a good marine lawyer that he will provide.

[valhalla360]

Originally Posted by cburger

As an update the individual who's boat burned, has disappeared and has mentioned never provided the marina with a certificate of insurance. What I find extremely frustrating is with the exception of an initial call from the marina on the day of the fire they have not reached out once since to let me know what is going on with the process.


I had a suveyor come to look at the boat last week and he has indicated that he has the name of a good marine lawyer that he will provide.

If the marina is smart, they talked to their lawyer and their lawyer said to say nothing. The fact that you are lawyering up says it's the smart approach as a random comment (particularly in a letter or email) could make it appear they are taking responsibility for the guy not maintaining his insurance.

[Stu Jackson]

Originally Posted by cburger

....................they have not reached out once since to let me know what is going on with the process.

I have always disliked that phrase. It was a hackneyed phrase back in corporate-speak in the 90s or shortly thereafter. Always made me gag.

What you're saying is simply: "They didn't call me back."

valhalla360 is right, and you're doing the right thing by covering yourself. again, sorry to hear about your misfortune. And we all wish you luck in getting this resolved to your satisfaction.

[donradcliffe]

The reason the marina requires insurance on the boats is to protect their deep pockets from lawsuits like yours. When they didn't do their due diligence on your neighbor, they screwed up and it should cost them. Good luck!

[cburger]

Originally Posted by donradcliffe

The reason the marina requires insurance on the boats is to protect their deep pockets from lawsuits like yours. When they didn't do their due diligence on your neighbor, they screwed up and it should cost them. Good luck!

This is what I assumed. A lot has transpired since the fire, divers raised the offending vessel. One would think that regardless of the marinas potential liability relating to this that they do have some requirement to keep the innocent parties in the loop as to what is going on. Don't feel it should be on me to chace them for information.

[buzzstar]

Originally Posted by cburger

As an update the individual who's boat burned, has disappeared and has mentioned never provided the marina with a certificate of insurance. What I find extremely frustrating is with the exception of an initial call from the marina on the day of the fire they have not reached out once since to let me know what is going on with the process.

What is the process they should "reach out" to you about?

[valhalla360]

Originally Posted by cburger

This is what I assumed. A lot has transpired since the fire, divers raised the offending vessel. One would think that regardless of the marinas potential liability relating to this that they do have some requirement to keep the innocent parties in the loop as to what is going on. Don't feel it should be on me to chace them for information.

If their position is you have a claim against the other boat owner, it's not their problem to keep you up to date on his status (which they likely don't know if he skipped town). If they expect a lawsuit, you are no longer an "innocent party" but a potential risk.

I still think you have a weak case against the marina. Is there something in the marina contract stating the required insurance verification process? I would be shocked if there was such a clause and without it, they could state that the other boat owner stating he had insurance was presumed to be sufficient.

[Jason Flare]

Originally Posted by cburger

The problem is my boat received significant damage and I have no insurance.

What am I missing?

[Cadence]

Originally Posted by valhalla360

If their position is you have a claim against the other boat owner, it's not their problem to keep you up to date on his status (which they likely don't know if he skipped town). If they expect a lawsuit, you are no longer an "innocent party" but a potential risk.

I still think you have a weak case against the marina. Is there something in the marina contract stating the required insurance verification process? I would be shocked if there was such a clause and without it, they could state that the other boat owner stating he had insurance was presumed to be sufficient.

I believe you are right. I feel for the OP but life's a bitch. I could be wrong but don't believe I have not seen the extent of damage. If relatively minor he may be better off eating it. I hope he has an iron clad renewal with them. Life is not always fair.

[cburger]

The marina requires in writing that boats are insured. Manager actually provided a copy of the questionnaire that was filled out by the owner of the offending boat with a space for the name of the insurance provider and stipulating certificate of insurance required, he lied indicating Boats US. As far as "the process" might of been nice to been contacted about whether any progress has been locating owner, nice to know that offending boat was salvaged in order to learn more about cause of fire, etc, etc.