My damaged Mac X

Bob Zoobricke · Post by **Bob Zoobricke** » Fri May 27, 2005 9:25 am

I dock my 2000X in Piermont NY on the Hudson river. Wednesday the tide was so high that it when over the walkout bridge and 45 mph winds. I went to the marina yesterday to check on the boat and everything looked ok till I went into the head. I noticed that the liner was cracked at the curve just above the sink. So I looked outside and discovered that the powerboat next to me had its bow line let go and his anchor did a job on the freeboard, rubber molding and the top of my kicker engine. His boat at some point must have hit outside of the head with such force and cracked the liner inside. I don't see any damage on the outside of the head wall. I called Boat U/S insurance they will assign someone to evaluate the damage next week. But the other guy has no insurance, and the marina contract states you must have insurance so I asked the marina owner how he was able to be in the marina without insurance and also told the marina owner I expect either the marina or boat owner to pay for the damage.

richandlori · Post by **richandlori** » Fri May 27, 2005 9:48 am

BOB, Take plenty of photos of the damage document the Sh@# out of what happend, I would think that it is the RESPONSIBILITY of the marina to make sure that the owners have insurance and that if the boat owner won't or can't pay for the damage, the Marina would be on the hook! You can never have too much documentation on an incedent like this!

Good luck.

Rich

DLT · Post by **DLT** » Fri May 27, 2005 9:51 am

Yes, I agree that the other boat owner should pay for the damage. Making that happen could get costly for you, since he doesn't have insurance.

Alternatively, the Marina should pay, if the marina's policy is to require insurance.

But, I'd suggest that you don't get into a pi$$ contest with either of them... Not if you want to maintain a good relationship, as well as your composure...

Instead, make sure your insurance company knows about the policy and gets as much information as you have about the other owner. Let them go after the other owner or be the bad guys with the marina, holding the marina to their policy...

Post by **kmclemore** » Fri May 27, 2005 12:11 pm

Well said, DLT.

Bob, let your insurance company go after the other guy, or, indeed, to the marina for subrogation of benefits and/or direct liability. If you apply to your insurance to pay for the damage you can bet they'll chase the appropriate folks to get their payment.

I am sorry to hear about your damage, though... it's always a real feeling of violation when someone is so careless and ruins your property. Hope you're baby is on the mend soon.

Moe · Post by **Moe** » Fri May 27, 2005 12:25 pm

Bob, I'm sure sorry to hear of your damage. Let me also weigh in with letting your insurance company handle it. They already have a staff of lawyers you've paid for with your premiums. Only pay your own lawyer if you have to sue them in addition to the boat owner and marina owner, to make them pay up. Sometimes you have to do that.

--
Moe

Tom Root · Post by **Tom Root** » Sat May 28, 2005 9:28 am

Yep, agree with many others here, that's why you have insurance!

But then there is the matter of deductable, if it does not apply, then all is well! Otherwise, you'd have to seek damages from him on any deductable, small claims court can handle that, I'm sure!

On the other hand I had a knuclehead hit my brand new truck, hit-and run, $800.00 damage and I had $1000, deductable, so I lose!

Post by **kmclemore** » Sat May 28, 2005 1:55 pm

Tom Root wrote:Yep, agree with many others here, that's why you have insurance!

But then there is the matter of deductable, if it does not apply, then all is well! Otherwise, you'd have to seek damages from him on any deductable, small claims court can handle that, I'm sure!

On the other hand I had a knuclehead hit my brand new truck, hit-and run, $800.00 damage and I had $1000, deductable, so I lose!

Not necessarily... you can easily sue in small claims court to recover the balance, and that can often be done w/o an attorney.

Tom Root · Post by **Tom Root** » Sat May 28, 2005 11:29 pm

Kevin, I thought that is what I said...oh well.

If you meant I can go to small claims court, not possible, the person responsible did not have the common courtesy to leave a name....just his nasty bash in the side of my truck! It happens all the time here, so may illegals here, and they DON'T ever have insurance!

Post by **kmclemore** » Sun May 29, 2005 4:36 pm

Sorry, Tom... I misunderstood. Yes, I guess if you don't know who did it it's darn hard to sue! Sorry!

Catigale · Post by **Catigale** » Sun May 29, 2005 4:42 pm

Bob - Im interested how this plays out with the marina with the no-insurance gambit, keep us informed please.

Bob Zoobricke · Post by **Bob Zoobricke** » Tue May 31, 2005 8:35 am

I do have to say that Boat U/S insurance was at the marina Saturday morning to inspect the boat. They even had it hauled to check for structual damage and found none. They told me to get a written estimate for the repairs and get it to them within 30 days so they can settle the claim. What a great company to work with. Even the adjuster said the crack in the head liner will be a tough one to repair. I'll let everyone know how it turns out.

thanks for the support.

Kenoten · Post by **Kenoten** » Wed Jun 01, 2005 4:51 am

I am on the Hudson a couple miles up on the otherside of the river but we are on floating docks. This is my first year in this marina...and I am amazed how many boaters don't know how to tie up a boat...so few have spring lines and most are tied down way too tight.

Bob Zoobricke · Post by **Bob Zoobricke** » Wed Jun 01, 2005 1:25 pm

Kenoten, your right. The Hudson River is a fast running river and you need slack and a spring line on your boat. I have two stern, two bow and one spring line. Not to tight, especially the Mac the tides either push it away or pull it into the fingerdock. What marina are you in? I'm at Cornetter's in Piermont.

Kenoten · Post by **Kenoten** » Thu Jun 02, 2005 4:58 am

I am in Viking Marina in Verplanck. This is our first year for taking a slip for the full summer. I have spent several weeks at Highland Point Marina on a mooring. Last year we kept her on Cayuga Lake. We are a little late putting her in because it is the first time we are painting the bottom. I hope to possibly be in the slip this weekend. We have to paint where the blocks were.

Bob Zoobricke · Post by **Bob Zoobricke** » Mon Jul 11, 2005 12:56 pm

Well I just received my check from Boatus Insurance. Just to let everyone know, I had no problems with BoatUS. As a matter of fact, after I submitted the first estimate it was discovered that behind the aux 6 hp engine the fiberglass was cracked from the boat hitting my engine and sent them an additional estimate to cover that repair. My boat came out today to have the repairs done. So what did I learn, not only do I check to see of my boat is secured to the dock but now I check the boat next to me also.

MacGregorSailors.com

MacGregorSailors.com

My damaged Mac X

My damaged Mac X