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300sflyer 08-19-2010 10:24 PM

HELP! Insurance Problem.
 
Last week while vacationing on Lake Vernon in Huntsville Ont, we had an unfortunate accident with our Mariah. With 4 people in the boat, and a water skier in tow at about 20 MPH, we hit something in the water below the surface. We heard and felt a big thud under the boat. The engine kept running so we went slowly back to the dock.

I pulled the boat of the water with the trailer, and found a bent prop shaft, scraped paint on the lower unit, and a broken gimbal ring. Our boating was obviously done just two days into our vacation. :(

I took it to a local Marina, and the repair estimate was just over 4K with tax. The engine has to come out to change the gimbal ring, and the drive has to be torn apart to replace the bent prop shaft.

Because of the value, my insurance company [will not say which one at this point] wanted to send an adjuster to look at the damage before they agreed to repair it. Next thing I hear is the adjuster does not believe that the damage was caused by any kind of impact, and they are disputing the claim!! :eek_animated: I asked him what did cause the damage then and he had no answer... :shakehead:

I asked to have the claim escalated to a supervisor, and he is supposed to contact me tomorrow.

Any advise as to what to say or do to get them to pay up? I don't have an extra $4K lying around to fix it!

Thanks,

Fire Fighter Martin 08-19-2010 11:13 PM

Re: HELP! Insurance Problem.
 
Look at the fine print in your policy.If anything works in your advantage then call them out on it. You like me will have to do research in order to avoid lawyer fees.
Its were i would start.Hope it helps.

Sorry to hear and good luck.

mikeyt 08-20-2010 12:44 AM

Re: HELP! Insurance Problem.
 
hi Mike

Stick with your story and be adamant about it. Talk to the mechanic at the shop and ask him what he thinks happened. Ask him what the damage appraiser said. Before you go off the deep end on the appraiser or his/her supervisor, find out what reason they have for disputing what occurred.

At this point i wont ask which insurer since i work for one here in Ontario & they do boat insurance.....

300sflyer 08-20-2010 01:07 AM

Re: HELP! Insurance Problem.
 
The ironic thing is I have been with this same insurance company for many years. I have two boats with them, two automobiles, and my house. I have never had a claim with them, and they have the nerve to do this?!?!... They are basically calling me a liar without actually coming out and saying it...

There is no damage to the skeg, which I too was surprised at. The hull was not touched. Whatever the drive hit, it glanced off of the side of the drive, which broke the gimbal ring, and bent the prop shaft. The SS prop was not damaged as far as I can tell.

At this point I could care less what the appraiser thinks... I was there, along with 5 others who heard and saw it happen.

mikeyt 08-20-2010 01:56 AM

Re: HELP! Insurance Problem.
 
Quote:

Originally Posted by 300sflyer (Post 25141)
The ironic thing is I have been with this same insurance company for many years. I have two boats with them, two automobiles, and my house. I have never had a claim with them, and they have the nerve to do this?!?!... They are basically calling me a liar without actually coming out and saying it...

There is no damage to the skeg, which I too was surprised at. The hull was not touched. Whatever the drive hit, it glanced off of the side of the drive, which broke the gimbal ring, and bent the prop shaft. The SS prop was not damaged as far as I can tell.

At this point I could care less what the appraiser thinks... I was there, along with 5 others who heard and saw it happen.

Again, talk to the mechanic and ask him what he thinks happened and also ask him what the appraiser said to him. Ask the mechanic if he will put his opinion in writing. If necessary, have a 2nd mechanic examine it. It sounds like the appraiser has seen something that is making him think there may have been some sort of a mechanical failure (rather than an impact) and you may have felt that as your 'bump'. He will very likely have discussed the findings with the mechanic. If the mechanic is backing up your version and believes some form of impact caused the problem, the insurer will soon realize it will be a tough go of it to deny the claim and will usually give the benefit of doubt.

Caspersa21 08-20-2010 01:23 PM

Re: HELP! Insurance Problem.
 
I agree with MikeyT. Definitely get the mechanic to give his opinion. Insurance adjustors typically are not experts in mechanics and repair unfortunately. Maybe get the marina to draft a written suggestion as to what may have caused the damage (??). Keep on them about it and take it to the highest level you possibly can.

Also, try to be as nice as you possibly can, even though you're rightfully upset. You catch more flies with honey than with vinegar, so really try to sweet talk them ;)

300sflyer 08-20-2010 08:18 PM

Re: HELP! Insurance Problem.
 
I spoke with the insurance company supervisor, and they are denying the claim. :mad:

I am so pissed right now, I dare not type anything further... Except to say it looks like it is time to speak with a lawyer... :shakehead:

Dredd 08-20-2010 08:38 PM

Re: HELP! Insurance Problem.
 
Oh man.. so sorry to hear that. I don't see why they denied it since that is a fairly common occurrence after an impact. My boat shop has done 7 of these jobs in the past 2 months. Might as well tell us the insurance company, imo.
Best of luck to you.

SEMIJim 08-20-2010 08:51 PM

Re: HELP! Insurance Problem.
 
Have you tried what the others suggested: Talk to the mechanic to see if he has any clue as to why this might be?

I've no wish to make you angrier, and I'm certainly not doubting your word, but, from the outside looking in, so to say, I think the rest of us can see why the adjuster might be skeptical. All that internal damage and no external evidence of a strike? You said you found that surprising, yourself. So put yourself in your insurance company's position. They weren't there. All they have is your word (so far as we know) and, tho you may be Mr. Integrity, himself, they have plenty of customers who aren't.

Jim

mikeyt 08-20-2010 09:16 PM

Re: HELP! Insurance Problem.
 
Quote:

Originally Posted by 300sflyer (Post 25187)
I spoke with the insurance company supervisor, and they are denying the claim. :mad:

I am so pissed right now, I dare not type anything further... Except to say it looks like it is time to speak with a lawyer... :shakehead:

I hear you Mike but Jim's comments are spot on. You have to make sure of the cause first before you go speaking to a lawyer etc. or you will waste your time & money. Do what i suggested and find out what it is they found that makes them suspect it was not an 'impact' that caused the problem. This means speaking with the mechanic involved! It's not unheard of for an internal mechanical failure to have caused the problem and the failure could well have caused a "bang / bump" and resultant similar feeling of an impact and i suspect that is what the insurer is basing their opinion on. The insurers are not afraid of the threat of a lawyer and will only change their position when there is evidence that an impact or some other external force was the cause. If you have that evidence & the insurer will not change their position, then its time to speak to the insurer's ombudsman or a lawyer. The ombudsman will review the evidence with the claims manager. The lawyer (if used) will make use of that evidence along with things like witness statements to resolve the matter with the insurer. In that situation, the insurer usually ends up covering the insured's reasonable legal costs too if you are successful. If not, its your dime.

300sflyer 08-20-2010 09:28 PM

Re: HELP! Insurance Problem.
 
Quote:

Originally Posted by SEMIJim (Post 25190)
Have you tried what the others suggested: Talk to the mechanic to see if he has any clue as to why this might be?

I've no wish to make you angrier, and I'm certainly not doubting your word, but, from the outside looking in, so to say, I think the rest of us can see why the adjuster might be skeptical. All that internal damage and no external evidence of a strike? You said you found that surprising, yourself. So put yourself in your insurance company's position. They weren't there. All they have is your word (so far as we know) and, tho you may be Mr. Integrity, himself, they have plenty of customers who aren't.

Jim

Understood and no offence taken...

Two different mechanics have looked at the boat, and both have sided with the insurance company, so I can see why they are suspicious.

The gimbal ring is broken, the prop shaft is severely bent, [likely by 1/4"] and the paint is scraped on the starboard side of the lower drive, which was not there previously. The two mechanics are certainly entitled to their opinions, however that does not mean the damage done could not, and in fact did not, happen as a result of the impact that day. I was in the boat along with 3 others, and with a skier in tow as stated before. There is no doubt in my mind what happened, nor is there any doubt in the other witnesses minds. There was a BIG thud... the boat shoke quite violently. That is IN FACT where the damage occurred... Except for the damage listed, there is no other damage, and in fact the boat runs and drives fine with the exception of a bad vibration due to the bent prop shaft. It was NOT a mechanical failure of any kind.

When I mentioned that these witnesses would in fact testify to this, the supervisor said "I'm sure they would" implying that he had no doubt they would lie as well...

He even so far as to say it was not to late to change my story, and tell him what really happenned...:shakehead:

At that point our conversation was pretty much done...

coolfish 08-21-2010 01:07 AM

Re: HELP! Insurance Problem.
 
Hi, I am your neighbour on Lake Vernon. Too bad about your issues. I was wondering where on the lake this happened? We live in the bay around from you (Ruthven's old place). I saw your Talari parked on the upper road with the cover on it and wondered why it was there ( I assume that is yours on North Drive with the matching cover on it). It is the same year and colour as our Barchetta 182. I have not experienced any submerged rocks or anything that would cause such damage except near shore by Hoodstown Shores (across from you) where there is a submerged rock pile. Let me know so I can check out the spot and see what might be around. The water levels are pretty high for such a warm summer so rocks shouldn't have been a problem. I too have had my share is damage (picked up an old boat strap at the Peacock boat launch and ruined a brand new prop last summer. I don't even bother with insurance for my boat. I pay zero and get as much coverage as you do....wait that wasn't funny. Too many ways for insurance companies to blame it on you unlike in a car where when you crash you stay put and call police to back up your claim.

Shawn
1994 Barchetta 182

300sflyer 08-21-2010 01:20 AM

Re: HELP! Insurance Problem.
 
Holy smokes... It's a small world!

Yup...That was my boat sitting on it's trailer.

We were in Cooks Bay at the time of the impact, just about right accross the bay from Peacock Marina, about 100 feet from shore in about 12 feet of water. I suspect it was a submerged log, but do not know for sure.

The cottage we were in for the week was rented from one of the locals there. [McHaffie] Any assistance you could provide would be greatly appriciated!

Shabah 198SE 08-22-2010 03:12 AM

Re: HELP! Insurance Problem.
 
300sflyer,

I cannot verify what happenened in your case, but I can state that physical impact damage does not have to be present in the case of a bent propeller shaft.

Years ago, I had an 18 foot Starcraft runabout with a Johnson 135HP outboard. This was about a 40MPH boat. One day, while running full speed at the edge of a lillie pad bed, I hit a large Musky. When I hit it, the boat lurched and vibrated. I threw the fish about 20 feet into the air. The impact resulted in no apparent prop or lower unit damage, but it bent the prop shaft, did gear damage and, if I remember correctly, cracked the gear case. At the time, I was either insured with Pilot or State Farm. My insurance covered the damage. It was the opinion of the mechanic and the insurance adjuster that the large fish was forced through the small space between the propeller and the cavitation plate.

I'm not telling you to try saying that you hit a large fish, but you can tell them that this kind of damage does not have to show a large degree of visible impact type damage. I would assume that passing something like a piece of driftwood through this same space could result in similar damage.

Note: This kind of thing just happens to me. I once had hundreds of dollars in damage done to my truck when it was broadsided by a Canada goose. That damage was an easy sell because the side of my truck was covered with goose down.:shakehead:

Good Luck

Shabah 198SE

300sflyer 08-22-2010 12:35 PM

Re: HELP! Insurance Problem.
 
That sounds like a fishy stort to me!... LOL!! :) Just kidding!

I strongly suspect it was a submerged log or deadhead, but will likely never know for sure...

What really has me upset, is the way I have been treated by my insurance company. I have been a customer for many years, pay over 4K a year to them for all my insurance needs, [2 cars, two boats, two boat trailers and my home] and I am being treated like garbage... Both my wife and I are stunned by this.

Given the feeling a lot of people have with the insurance industry in general, I guess I should not be surprised. :shakehead: I will very likely be seeking a different insurance company for all my insurance needs regardless of the outcome of this claim. I am if fact considering canceling the claim altogether, repairing all of the damage myself with a new or rebuilt lower unit and gimbal ring, just to avoid paying the $500 deductable, the betterment fees, [likely at least another $500] and having the claim on my record. Up to this point I am claims free and would like to remain that way when I seek a different company. One of the first questions they ask is, "do you have any claims?"

I did take the boat to one other marina yesterday, and had them take a good look at it. They too were surprised by the lack of other damage on the drive, but did not have any other possible explanation for the damage done. They concluded it must have indeed been done by impact with a submerged object. I am now feeling somewhat vindicated.

If the rain lets up, I will try to post some pics later today.

Shabah 198SE 08-22-2010 06:50 PM

Re: HELP! Insurance Problem.
 
300sflyer,

Your photos show some interesting damage that includes what looks like a fresh break. Based on the photos, I can see no evidence of an old crack that suddenly failed completely. Is all of the broken metal the same colour? Or, is there some darker coloured metal that would indicate an old crack? Or is there any indication that the broken parts were rubbing on each other prior to the complete failure? This appears to be some form of stress/impact damage to me.

The scraping on the nose cone area and on the trim/tilt cylinder is really odd. It looks as though the finish was removed by some form of abrasive action. Did the lower unit pass through a sandy or gravel covered shoal prior to the final failure that day? That type of impact should also be covered by insurance and could have led to the final failure. Actually, can you tell if the finish has been removed, or have you picked up some white or grey coloured paint/gel-coat from a submerged object (boat, PWC, snowmobile, etc.)

What part of the damage is being disputed by the mechanics?

Just my two cents worth.

Shabah 198SE

300sflyer 08-22-2010 07:08 PM

Re: HELP! Insurance Problem.
 
The lower unit itself is not broken in any way, other than the paint being removed as a result of whatever struck it during the impact, and the bent prop shaft. It must be torn down to replace the shaft, or a different lower installed. The boat was not beached or anything prio to the accident, or even afterwards.

As you can see the gimbal ring is broken, and needs to be replaced. The break is fresh, and is indeed all the same colour. Not sure what scraping you are referring to on the trim cylinders. Both are in good condition and still operate properly. The port side one is obviously not supported by much, due to the broken gimbal ring.

All of the damage mentioned is being disputed by my insurance.

mikeyt 08-22-2010 09:42 PM

Re: HELP! Insurance Problem.
 
Anything i say here is going to be viewed as 'support for the insurer' and likely inflame things but...i'm going to say it anyway.

Mike: You know what i do for a living and I've been down this road many times with my job. I'm trying to provide advice on how to deal with your situation. The insurer is not 'disputing the damage' as stated below. They are questioning the cause and whether or not it falls within the scope of coverage offered by your policy.

Whether you have been a 'long time policy holder who pays $$ every year to them' does not change the terms of your insurance contract. Also, the insurer isn't treating you 'like garbage'. They're following the accepted procedures of looking at the damages & talking to the experts (ie the boat mechanics you chose) to try & determine what may have happened. At this point it seems they feel that the cause likely wasn't an impact but some sort of mechanical failure & that opinion appears to be supported by two mechanics of your choice if i read the prior posts correctly. Very few adjusters / appraisers try to be difficult & treat people badly intentionally because if it goes to court, the judge can come down very hard on them with punitive damages and the insurers know this. The adjusters know this too & dont want to lose their jobs because of the way they have treated someone.

The onus by law in Canada is on you, as the policy holder, to show that your loss falls within the coverage offered by your insurance policy. A court will not require the insurer to prove that the cause of the loss does not fall within the coverages provided. Please realise that a court will only look at the facts as they are supported by the evidence presented and the insurer is likely trying to do the same. Right now, the evidence supported with 'expert' opinions from two mechanics of your own choosing, appears to be favouring the insurer's position. You need to find an expert (ie a reputable boat mechanic) that will state in a written report that it is possible that you struck a submerged object that left very little external damage but managed to bend your prop shaft & destroy the gimbal if you want them to give further consideration to your claim. That expert may also have to rule out a mechanical failure of the drive shaft as the cause & show it to be 'resultant' damage. It might also help if you have any recent pics of the boat outdrive (prior to the incident) that doesn't show the scrapes you mentioned.

Bottom line is you have to gather enough evidence to offset what the insurer has 'in hand' and put a reasonable doubt in their position. As i said earlier, the insurer will usually give benefit of doubt if there is evidence to the contrary and its supported by an expert. Now its your turn to get that evidence & an expert to support your position.

300sflyer 08-22-2010 10:14 PM

Re: HELP! Insurance Problem.
 
Thanks for your comments Mike.

As someone who works in the insurance industry, can you please look at the actual wording in my policy below, and give your opinion to the coverage in this mater? Thanks!

"Direct Physical Loss or Damage
Your equipment and accessories are protected for:


Theft

Fire

Sinking

Collision

Explosion

Submerged objects

Damage in transit

Windstorm

Hail

Vandalism

Lightning


Coverage is not protected for general wear and tear, rust, and gradual deterioration. For a full explanation of coverage exclusions, refer to the policy."

mikeyt 08-23-2010 12:20 AM

Re: HELP! Insurance Problem.
 
hi Mike

Unfortunately i cant be exact because the coverage wordings are not standard (like an Ontario Auto policy) between all of the insurers. Generally, impact with submerged objects (or even non-submerged objects) are covered. Generally damage due to mechanical failure, wear & tear, gradual deterioration, freezing, ice and the like, are not.

Just to clarify based on what you have shown, 'collision' usually refers to collision with another boat or 'solid' object (such as a pier, bridge abutment etc) that is visible above the waterline while 'submerged objects' refer to things that generally cannot be seen or expected, such as a submerged pier, deadhead, rock shelf etc.

300sflyer 08-23-2010 12:35 AM

Re: HELP! Insurance Problem.
 
Understood... Thanks again.

Shabah 198SE 08-23-2010 01:46 AM

Re: HELP! Insurance Problem.
 
300sflyer,

Is that a reflection or a scrape on the right side trim cylinder?

I see that you are running a stainless steel propeller. These props are very strong and can greatly save on prop damage. On the down side, they are really hard on gears (any good marine mechanic knows that). You could have easily hit something that would bend a prop shaft and do other physical damage without hurting the prop. What are the mechanics suggesting as the cause of the new and clean fracture? Did you get a copy of their statements? You appear to have full coverage on your boating package and that break is not a wear and tear item (nor is a bent prop shaft).

In my case, I have stopped using stainless propellers. Yes, you get slightly better performance from a correctly matched stainless prop and they are less prone to damage. To me, the downside is too expensive. I'm running a four blade aluminum prop that can be bought new for about $140.00. These things are so cheap, they are not even worth fixing. In addition, I would rather lose a prop than lose gears and a gear case.

Unfortunately, mikeyt is correct about the onus now being on you in this case. I would suggest that you take a number of detailed photos of this damage (especially the clean break) before it weathers.

Personally, I would not give up on this one.

Good luck

Shabah 198SE

300sflyer 08-23-2010 02:27 AM

Re: HELP! Insurance Problem.
 
If you mean on the outside of the right trim cylinder, that is a factory decal.

When I pressed for an alernative explaination to the damages other than an underwater impact, none of them would offer any possible alternatives.

Shabah 198SE 08-23-2010 10:59 AM

Re: HELP! Insurance Problem.
 
300sflyer,

My trim cylinders do not have a factory decal there. To me, it looked like the same kind of marks/scraping as seen on the nose cone.

It is really nice when people will say something to muddy the waters for you yet fail to come up with an alternative explanation. It won't help your vacation, but that should work in you favour.

Is this you home base shop, or do you normally use another facility?

Shabah 198SE

300sflyer 08-23-2010 12:08 PM

Re: HELP! Insurance Problem.
 
Our family vacation is indeed over. With most of my wife’s side of the family were along with us for it [14 of us in total with 8 kids ranging in age from 6-19], losing the use of the boat on the third day was a HUGE disappointment for everyone. :( We had all been looking forward to it since the previous year there. [Second year at this cottage] My insurance company could not care less about that...

Yes, you are correct about no alternatives for the cause of damage. I too find that extremely odd. They simply stated an impact could not have caused the damage, but would not even take a guess to say what did.:shakehead:

I generally do my own repairs and maintenance if at all possible. I will certainly not be doing any future business with either of the two previous shops who would not offer any possible explanations for the damage.

As I stated before, I am very likely finished with my present insurance company as well.

300sflyer 08-27-2010 12:28 PM

Re: HELP! Insurance Problem.
 
Update:

My insurance company has reluctantly agreed to cover the cost of the repairs. I will not quote their exact wording, but in a nut shell they have stated they still do not believe me, or the other witnesses to the incident, but because one expert has stated that an underwater impact is indeed possible, it’s now covered. I am feeling somewhat vindicated...

Now I just have to wait for them to tell me what my cost of the repair will be. I was informed that any and all "wear and tear items" will not be covered, [bearings, seals, bellows, ect] in addition to my $500 deductable.

Something tells me I will be cancelling the claim, and fixing it on my own anyway.:(

indykoch 08-27-2010 02:42 PM

Re: HELP! Insurance Problem.
 
Good to hear they're going to cover it. From the looks of it, I think it will be well over your $500 deductible. Depending on the parts they have to replace, you may even get the bearings, seals, etc. covered since they might come as an assembly and are required when replacing the other stuff anyway. Keep us posted, sounds like an interesting situation.

I'm still a little perturbed that they wouldn't think it was a submerged impact - the damage looks pretty obvious with new scrape marks, etc, and there's plenty of ways for certain items to get damaged while others didn't (like the prop). I've had and heard of many auto collisions that caused other problems due to the impact that you'd never think was actually due to the impact itself. But I've also heard of insurance companies trying to get out of anything they can.

Dredd 08-27-2010 02:49 PM

Re: HELP! Insurance Problem.
 
With a gimbal ring break like that the transom plate should really be replaced too, while you're at it. The assemembly from merc is around $1700 and the motor will have to come out. So, I'd say be thankful they have changed their minds. Congrats.

300sflyer 08-27-2010 03:05 PM

Re: HELP! Insurance Problem.
 
Quote:

Originally Posted by Dredd (Post 25435)
With a gimbal ring break like that the transom plate should really be replaced too, while you're at it. The assemembly from merc is around $1700 and the motor will have to come out. So, I'd say be thankful they have changed their minds. Congrats.

Can you elaborate a bit? None of the repair estimates I have contain the whole transom assembly, but rather just the gimbal ring itself.

I am pleasantly surprised they have changed their minds, but at the same time still quite bitter from the false accusations, and all the delays.

mikeyt 08-27-2010 03:44 PM

Re: HELP! Insurance Problem.
 
Congrats.

Shabah 198SE 08-27-2010 09:30 PM

Re: HELP! Insurance Problem.
 
300sflyer,

That is very good news and I think that you should have the work done through your insurance. That is why you have it.

To a point, I can understand them not wanting to cover wear and tear items. However, if the impact also allowed any water to enter your gearcase, the delay could have allowed enough time for some rust to start on the bearings/gears. If that is the case, they, because of their delay, should be required to cover those items as well.

Also, if it has not been done already, the gearcase internals should be carefully examined for cracks and/or warpage. I have seen gearcases that looked great on the outside that were cracked internally and/or warped. You appear to have had a considerable impact.

I forgot to ask earlier, but could you tell me if the impact happened on a turn? This would have added additional stress to that area.

It is my belief that you should insist on seeing copies of the statements from the mechanics and the insurance adjuster. You have a right to know why they are doubting your word and that of your witnesses.

Even if you do it with a private message, I would like to know the name of the insurance company involved.

Take Care

Shabah 198SE

mikeyt 08-27-2010 10:20 PM

Re: HELP! Insurance Problem.
 
Quote:

Originally Posted by Shabah 198SE (Post 25442)
300sflyer,

That is very goog news and I think that you should have the work done through your insurance. That is why you have it.

It depends on the costs involved whether it's worth it to pursue a claim.

To a point, I can understand them not wanting to cover wear and tear items. However, if the impact also allowed any water to enter your gearcase, the delay could have allowed enough time for some rust to start on the bearings/gears. If that is the case, they, because of their delay, should be required to cover those items as well.

That's why the insurance policy and the Insurance Act of Ontario states that you must 'mitigate your loss'. A court will also take the position that you are required to protect your asset from further damage. I would assume & i could be wrong, that if the mechanics involved opened the outdrive / gearcase to check for damage, any water would have been drained?

Also, if it has not been done already, the gearcase internals should be carefully examined for cracks and/or warpage. I have seen gearcases that looked great on the outside that were cracked internally and/or warped. You appear to have had a considerable impact.

Agreed. The entire outdrive and gimbal assembly should be examined for damage.

I forgot to ask earlier, but could you tell me if the impact happened on a turn? This would have added additional stress to that area.

It is my belief that you should insist on seeing copies of the statements from the mechanics and the insurance adjuster. You have a right to know why they are doubting your word and that of your witnesses.

Sorry, but you have no 'right' to see statements made by other persons without their written consent. And you have no rights to any notes or opinions kept by the adjuster unless a court of law demands they are produced. Based on what Mike has stated, none of the witnesses actually 'saw' an impact. They would have only felt the sudden jarring and assumed they hit something.

Even if you do it with a private message, I would like to know the name of the insurance company involved.

Take Care

Shabah 198SE


I'm not trying to be difficult but we need to seperate fact from emotion.

Shabah 198SE 08-27-2010 11:33 PM

Re: HELP! Insurance Problem.
 
Quote:

Originally Posted by mikeyt (Post 25445)
I'm not trying to be difficult but we need to seperate fact from emotion.

mikeyt,

I'm not trying to be difficult either and I have an idea of what you do for a living.

I also understand that insurance companies are often defrauded and that is indeed wrong. Just because something is stated in an insurance law, it doesn't make it right. It can be changed. If someone who didn't know me was calling me a liar about an insurance claim and RELUCTANTLY fixing my insured property, I would be insisting on seeing what the mechanics were saying even if I had to do it in the courts.

I worked as a mechanic for years and, at one time, I even taught marine mechanics. Mechanics can be wrong, and if they are not sure about the cause, they should keep there opinions to themselves. They only muddy the waters for all involved. I will add that if they tell the adjuster that they don't know the cause, the adjuster should not press them for guesses.

Take Care

Shabah 198SE

mikeyt 08-28-2010 01:52 AM

Re: HELP! Insurance Problem.
 
No argument about how a mechanic can be wrong but that goes for just about any profession. And the insurers, lawyers, courts etc all have to rely on an 'expert' opinion from someone. Hell, can you imagine if the weatherman was right once in a while? :rolling_laugh:

Its not a matter of insurance law that protects the statements by individuals, its a matter of the Privacy Act here in Ontario. The insurer cannot release a copy of a statement made by an expert without that experts written permission to do so, even if its the men in blue asking. But that doesn't stop our member from speaking directly to the mechanics involved and asking them what their opinion was on the cause of the damage.

Now i believe its emotion talking when the comment is made that the insurer is 'calling 300sflyer a liar'. As i stated in my earlier post, the insurer is relying on information provided by 2 different experts, both chosen by our member. Who else is the adjuster going to ask about a possible or likely cause? The marine mechanic who is experienced & knowledgeable (we assume) and can examine the unit is going to be the first choice for both sides. A forensic engineer might be the 2nd choice but then you get into $$$. The insurer knows better than to call someone a liar unless they have absolute proof. At this point its simply a matter of 'heres what we have: two experts telling us what was the likely cause'. And i'm assuming that they both said 'mechanical failure' rather than impact was the likely cause. Think about it. You have 2 choices for the cause; mechanical breakdown or some sort of accident and since we know an 'accident' is covered, that leaves mechanical failure as the likely opinion of the first 2 mechanics. As i also said in my earlier post, its up to the policy holder to put his loss into a position of coverage under the policy terms. That's why i suggested that 300sflyer get an experienced mechanic to provide a counter-opinion that would allow the insurer to change its position. Our member has done that and the insurer has agreed to coverage. I dont know about the 'reluctant to repair' comments. I would suggest that this is emotion talking but i cant speak for the particular insurer involved (yes, i know who it is and they do have a bit of a reputation for being difficult at times :) ). But put yourself in their shoes. You have an agreement to cover damages when caused in certain ways with someone else. That someone else comes to you with damages & says it was caused within those terms but his mechanic tells you differently. So you get a 2nd opinion and he agrees with the first mechanic. Are you going to pay for the damages at that point? No, you want someone not connected to the incident to state that's how it could have happened before you will pay out. Our member has now done that & they've agreed to pay.

The positive thing out of this is that 300sflyer can replace the parts that aren't going to be covered by the insurer at just the cost of the parts. The insurer is already removing & reinstalling the outdrive so there should not be any additional labour charges. Its a good time to fix everything up that can be done while its apart at a far lower price and give himself a worry free next few years.

Shabah 198SE 08-28-2010 02:28 AM

Re: HELP! Insurance Problem.
 
Quote:

Originally Posted by mikeyt (Post 25452)
No argument about how a mechanic can be wrong but that goes for just about any profession. And the insurers, lawyers, courts etc all have to rely on an 'expert' opinion from someone. Hell, can you imagine if the weatherman was right once in a while? :rolling_laugh:

Its not a matter of insurance law that protects the statements by individuals, its a matter of the Privacy Act here in Ontario. The insurer cannot release a copy of a statement made by an expert without that experts written permission to do so, even if its the men in blue asking. But that doesn't stop our member from speaking directly to the mechanics involved and asking them what their opinion was on the cause of the damage.

Now i believe its emotion talking when the comment is made that the insurer is 'calling 300sflyer a liar'. As i stated in my earlier post, the insurer is relying on information provided by 2 different experts, both chosen by our member. Who else is the adjuster going to ask about a possible or likely cause? The marine mechanic who is experienced & knowledgeable (we assume) and can examine the unit is going to be the first choice for both sides. A forensic engineer might be the 2nd choice but then you get into $$$. The insurer knows better than to call someone a liar unless they have absolute proof. At this point its simply a matter of 'heres what we have: two experts telling us what was the likely cause'. And i'm assuming that they both said 'mechanical failure' rather than impact was the likely cause. Think about it. You have 2 choices for the cause; mechanical breakdown or some sort of accident and since we know an 'accident' is covered, that leaves mechanical failure as the likely opinion of the first 2 mechanics. As i also said in my earlier post, its up to the policy holder to put his loss into a position of coverage under the policy terms. That's why i suggested that 300sflyer get an experienced mechanic to provide a counter-opinion that would allow the insurer to change its position. Our member has done that and the insurer has agreed to coverage. I dont know about the 'reluctant to repair' comments. I would suggest that this is emotion talking but i cant speak for the particular insurer involved (yes, i know who it is and they do have a bit of a reputation for being difficult at times :) ). But put yourself in their shoes. You have an agreement to cover damages when caused in certain ways with someone else. That someone else comes to you with damages & says it was caused within those terms but his mechanic tells you differently. So you get a 2nd opinion and he agrees with the first mechanic. Are you going to pay for the damages at that point? No, you want someone not connected to the incident to state that's how it could have happened before you will pay out. Our member has now done that & they've agreed to pay.

The positive thing out of this is that 300sflyer can replace the parts that aren't going to be covered by the insurer at just the cost of the parts. The insurer is already removing & reinstalling the outdrive so there should not be any additional labour charges. Its a good time to fix everything up that can be done while its apart at a far lower price and give himself a worry free next few years.

mikeyt,

I understand what you are saying, but I do not like hearing that a mechanic or mechanics are offering educated guesses about this kind of damage. Granted, I am only looking at a small photo, but it looks like a clean, fresh break from some form of impact. Whether this is boating damage or trailering damage, it looks like impact damage. The policy, without reading the fine print, appears to cover pretty much all perils.

As for our privacy laws, I truly believe that these laws are doing far more harm than good. Too many people and organizations are able to hide behind these laws. I would like to go back to where you stated something and had to stand behind what you said. It may take some of the BS out of our lives.

And, in regard to the weather, just what can be said. I've told Wifey that if there is life after death, I want to come back as a weatherman. I could earn a good wage and be wrong most of the time while remaining respected and listened to.:shakehead:

Have a great day!

Shabah 198SE

Dredd 08-30-2010 12:11 AM

Re: HELP! Insurance Problem.
 
Well, the pros probably know more than me. The local Cobalt dealer, who gets a handful of these each year due to our shallow lakes, told me that they always try to replace the whole assembly if the motor is coming out since its all just cast and can't take a whole lot of trauma. If your boats aren't titled up there taking this route to get it totalled then buying it back might be something to think about.

300sflyer 08-31-2010 01:03 PM

Re: HELP! Insurance Problem.
 
My insurance company is still dragging their feet on this. I have not heard back from them as to what my total costs will be to repair this. It’s been 3 weeks since the incident, and the boating season is coming to a close here in the next month or so. I am considering telling them to just cancel my claim, and my boat policy and take my business elsewhere. Much easier to get reasonable rates somewhere else when you have not had any claims. It would not surprise me to see them cancel my insurance anyway, if they paid out a claim. I have come to learn this company has a bad reputation for doing just that...

I have had a real good look at the damage and nothing else is broken except the gimbal ring, and a bent prop shaft. I can pick up a new gimbal ring for about $400 on Ebay, and install it myself in a day. I have removed engines out of boats before, so for me, it's not a big deal.

The only known issue with the outdrive is the vibration due to the bent prop shaft. Other than that, it drove and shifted just fine after the incident. I am considering finding a used lower unit to replace it, or perhaps even trying to straighten the shaft. I don't see why it could not be bent back to its original position.... I have nothing to lose by trying.


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