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dealership totalled my boat

Old 01-11-2014, 06:58 PM
  #161  
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Dealer is 100% responsible......it was in there hands
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Old 01-11-2014, 07:17 PM
  #162  
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Trailer and boat stolen off back of shop truck while driver stopped to get something to eat on the way back.
Trailer came loose and rams into a store front wiping out several vehicles in the process

Who pays now?

Too much speculation going on as to what has happened
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Old 01-11-2014, 07:19 PM
  #163  
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Read 2-3ish pages of this thread, left the others. Did I miss the dealer's name anywhere in here?

What kind of boat was it? Who loaded it on the trailer? Boats don't magically come off trailers.
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Old 01-11-2014, 07:21 PM
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not many details just the usual speculation and opinions...... not that there is anything wrong with that.
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Old 01-11-2014, 07:24 PM
  #165  
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I don't think its the speculation that's the prob....the op just needs to lawyer up, based on the limited info hes given here the dealership has already done so...
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Old 01-11-2014, 07:26 PM
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Originally Posted by ThumperVII View Post
not many details just the usual speculation and opinions...... not that there is anything wrong with that.
no details is more like it
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Old 01-11-2014, 07:26 PM
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Originally Posted by fish factory View Post
You sure the lesson isn't
"Stay away from most boat dealers" ?
And why dear Fishy would that be the lesson?

The dealer picked up the boat, and there was an accident. That is the only known fact. Using your theory we should all stay under the covers and hide from the "potential' of an accident.

The lesson remains, the OP's exposure, and his level of frustration, would be minimal had he had the boat properly insured. I don't mean to sound rude, but the fact that the OP spent 60k on a new boat, and didn't bother to protect himself or his property, leads me to question the intelligence and validity of anything he says after the fact.

Last edited by Design59; 01-11-2014 at 07:27 PM. Reason: typo
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Old 01-11-2014, 07:27 PM
  #168  
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When you talk to the dealers insurance I think they will offer a settlement of 48k assuming the boat depreciated 20% the minute you drove it off the lot. They would not have to replace a new boat only reimburse you for your loss. If you had insurance many of those policies are for replacement value. Maybe the dealer will cut you a deal on a new boat so you won't have to add much cash to get back where you were.
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Old 01-11-2014, 07:56 PM
  #169  
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Originally Posted by Native2FL View Post
So your assumption is that the truck is registered to the Corporation, and not the owner's personal vehicle with basic coverage. I hope that the truck driver was not at fault, and didn't hurt somebody. The facts are most important to your investment...and the possible liability you may share.

I would take up the Shark on his offer..

The Bayliner was a nice touch.
Once you put a company name on a vehicle through a wrap, magnetic signs, vinyl decals, etc. it can and will be considered a ''company vehicle''.

Being in the sign business I run into this issue on occasion where a company wants to put their logo on an employee's vehicle. I suggest they call the insurance company's involved first and get the low down. Have never had anyone come back and follow through on the vehicle lettering in this type of case.

There were company's here in Florida that were paying college students to wrap their vehicles with company wraps. That practice did not last long after the insurance companies got wind of the deal.

LOYSKI, stop posting here until you talk to a lawyer. I know the THT lynch mob all want to know the facts of the situation but save it until you know you can post without endangering your case.

Good luck.
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Old 01-11-2014, 08:06 PM
  #170  
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I wish we knew the dealerships name, I for one would not buy from them IF I knew who they were.
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Old 01-11-2014, 08:22 PM
  #171  
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no pictures no bashing

haha
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Old 01-11-2014, 09:05 PM
  #172  
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Originally Posted by fldmax View Post
The OP is responsible for his boat. If the boat is at a wrecker yard he is responsible for the bill and in Fl there is a lot of stuff to deal with. Fl is a no fault state. Yep. Go look that up and then you will understand my though process. First thing is to secure the boat where no lawyers can view it no outside interest can look at it. If the dealer is acting this way it is not a going to get better. Or OP can sit on his hands and chill out till they get it all figured out and he gets a big jar of KY jelly. In 25 years of towing business I have not seen anything close to this turn out even partly good without lawyers and time.
I am a 20 year insurance adjuster, and you sir, have no idea what you are talking about. See the bold and italic in your post. Yes, FL is a no-fault state. No fault is another name for PIP which stands for Personal Injury Protection. No fault has absolutely nothing to do with a property damage claim!! Property damage in in FL is handled on a pure comparative negligence basis. Please stop giving advice if you do not know what you are talking about.

To the OP. STOP posting or responding on this thread and call the member (Shark...) who is an attorney and offered to advise you (and possibly more) FOR FREE!!!!
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Old 01-11-2014, 09:14 PM
  #173  
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Originally Posted by makosteve66 View Post
I am a 20 year insurance adjuster, and you sir, have no idea what you are talking about. See the bold and italic in your post. Yes, FL is a no-fault state. No fault is another name for PIP which stands for Personal Injury Protection. No fault has absolutely nothing to do with a property damage claim!! Property damage in in FL is handled on a pure comparative negligence basis. Please stop giving advice if you do not know what you are talking about.

To the OP. STOP posting or responding on this thread and call the member (Shark...) who is an attorney and offered to advise you (and possibly more) FOR FREE!!!!
Winner ! Winner ! Chicken Dinner!
As said earlier, " SHARK ! SHARK ! !!!!!!
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Old 01-12-2014, 05:47 AM
  #174  
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Originally Posted by makosteve66 View Post
I am a 20 year insurance adjuster, and you sir, have no idea what you are talking about. See the bold and italic in your post. Yes, FL is a no-fault state. No fault is another name for PIP which stands for Personal Injury Protection. No fault has absolutely nothing to do with a property damage claim!! Property damage in in FL is handled on a pure comparative negligence basis. Please stop giving advice if you do not know what you are talking about.

To the OP. STOP posting or responding on this thread and call the member (Shark...) who is an attorney and offered to advise you (and possibly more) FOR FREE!!!!
So glad you are a 20 year insurance adjuster. But so you know I have been there done that and got the tee shirt too. so yes I fully Know what I am talking about. There is more to accidents then property damage. Plus I have had campers and boats wrecked on I 10 that caused damage to other vehicles and the contractor was underinsured or did not have proper insurance. Oh. Yes injuries. Hospital bill and helicopter rides and most Insurance policies don't have enough $$$$$$ for that. Most insurance policies have less then 20k injury or Medical payout coverage. Oh Mr Adjuster this is where the NO FAULT gets your butt SUED. There is more then property damage liability involved here. And no matter who is at fault the OP is still the party responsible for his boat. NO FAULT. here is my experience. Son in a crash he is not at fault as other driver crossed the line and hit him head on. other part no DL and DUI. My Son DIDNOT own the vehicle either. it was his girlfriends and they sued both the gf father as he owned the jeep too and my son. Farm Bureau Ins gets us all in a lawyers office and they tell us. Fl is a no fault state. Same as a few other are. The at fault party got a check a large number 6 figures for his broken leg and head injury. No seat belt and his drunk ass caused the wreck. I know my son's is different then this but just an example how the No Fault works. Both my sons ins and owners ins co paid out to the injuries of the guy that caused the crash. Tell me how this is fair. Tell me again I don't know nothing. Oh. By the way. Again Mr Adjuster. There is a lot more here at stake then Property Damage. Oh Yes you are looking at only his boat as property damage only. Oh No You Sir are an idiot to assume there were no injuries. I never said FL was a NO FAULT on property damage. Fl is a NO FAULT STATE and we don't know about the injuries yet. Leaves the OP open for a LAWSUITE because it was his Vessell if there were injuries. The OP better lawyer up and protect his ass!! Now Mr Adjusted. If the OP had all the Information and all there was to worry about is property damage then no. He would not have as big a worry. But he has no idea who was injured. How crash occurred etc. so. I gave advice that would help protect him if people were injured not just property damage.

What if the truck towing boat was a personal truck. dealership insurance will deny it. the guys truck insurance will deny it. Oh. Mr OP has no insurance. Not enough facts but one thing is certain. The OP has an issue. My advice is based off real life not some fairytail.

Mr Adjuster. You telling me the OP can't be sued for injuries caused by this uninsured boat. Since you BASHED me explain how I am so wrong. I am waiting to hear this. Property damage and medical and injuries and what is it called when they pay large amounts out because someone was injured and can't continue their life as before.

Last edited by fldmax; 01-12-2014 at 06:30 AM.
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Old 01-12-2014, 06:00 AM
  #175  
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Sorry about the situation OP. Tough, but definitely not the end of life regardless of the outcome.

Now I can hardly believe this thread has gone 9 pages based on purely speculations since we really do not know any details except that Yamaha's made him do it. This has actually become pretty entertaining. Sorry to interrupt, now have back at it gentlemen.
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Old 01-12-2014, 06:02 AM
  #176  
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I would go take a dump at the front door of the dealership. Not that it will accomplish anything, but it would be good for a laugh and to get the tht'ers off your ass.

Btw - good luck, unlike others I don't have any experience here, but do think that you will be ok. Boat karma....
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Old 01-12-2014, 06:16 AM
  #177  
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fldmax I will have to disagree as this is about damage not injury

Last edited by prowlersfish; 01-12-2014 at 01:18 PM. Reason: just becuse
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Old 01-12-2014, 06:27 AM
  #178  
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Originally Posted by fldmax View Post
So glad you are a 20 year insurance adjuster. But so you know I have been there done that and got the tee shirt too. so yes I fully Know what I am talking about. There is more to accidents then property damage. Plus I have had campers and boats wrecked on I 10 that caused damage to other vehicles and the contractor was underinsured or did not have proper insurance. Oh. Yes injuries. Hospital bill and helicopter rides and most Insurance policies don't have enough $$$$$$ for that. Most insurance policies have less then 20k injury or Medical payout coverage. Oh Mr Adjuster this is where the NO FAULT gets your butt SUED. There is more then property damage liability involved here. And no matter who is at fault the OP is still the party responsible for his boat. NO FAULT. here is my experience. Son in a crash he is not at fault as other driver crossed the line and hit him head on. other part no DL and DUI. My Son DIDNOT own the vehicle either. it was his girlfriends and they sued both the gf father as he owned the jeep too and my son. Farm Bureau Ins gets us all in a lawyers office and they tell us. Fl is a no fault state. Same as a few other are. The at fault party got a check a large number 6 figures for his broken leg and head injury. No seat belt and his drunk ass caused the wreck. I know my son's is different then this but just an example how the No Fault works. Both my sons ins and owners ins co paid out to the injuries of the guy that caused the crash. Tell me how this is fair. Tell me again I don't know nothing. Oh. By the way. Again Mr Adjuster. There is a lot more here at stake then Property Damage. Oh Yes you are looking at only his boat as property damage only. Oh No You Sir are an idiot to assume there were no injuries. I never said FL was a NO FAULT on property damage. Fl is a NO FAULT STATE and we don't know about the injuries yet. Leaves the OP open for a LAWSUITE because it was his Vessell if there were injuries. The OP better lawyer up and protect his ass!! Now Mr Adjusted. If the OP had all the Information and all there was to worry about is property damage then no. He would not have as big a worry. But he has no idea who was injured. How crash occurred etc. so. I gave advice that would help protect him if people were injured not just property damage.

What if the truck towing boat was a personal truck. dealership insurance will deny it. the guys truck insurance will deny it. Oh. Mr OP has no insurance. Not enough facts but one thing is certain. The OP has an issue. My advice is based off real life not some fairytail.
We are all dumber after reading this.
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Old 01-12-2014, 07:31 AM
  #179  
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Well, I just read over my commercial business policy and my commercial vehicle policies, and let me tell you that you need to be a lawyer just to understand most of the information. I cannot for the life of me see where the specific coverage would be for an accident such as we are guessing this incident is. I do see a possible exclusion in each that would put, I believe, the incident on the owner's insurance. If that is the case, then I would guess that the only recourse the owner may have would be against the dealer for not informing him that he should have his own insurance. I do make sure that anyone buying a new boat has insurance prior to leaving with it, but I have been remiss in making sure service & storage customers (most of which we haul & launch using our trucks & trailers) have coverage.

I can tell you one thing that I will be on the phone this week to both of my insurance companies to find out about my coverage for this type of incident, and a couple of other scenarios that occur in my course of business.
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Old 01-12-2014, 08:06 AM
  #180  
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The party that was at fault for the accident is the responsible party. Being in possession of the boat does not mean the dealer will owe for damages caused by another person. If they were not negligent, how can they be legally liable? The employee was told not to discuss it because that is likely the policy for ALL accidents.

fldmax -your son's insurance paid the claim because the other party had a head injury. regardless of liability, it could be worth much more than the limits of his policy and the vehicle he was driving. The other driver may have been at fault, but the insurance companies made a decision to make sure your son was protected and to keep him from any chance of being sued, they paid the claim, I'm sure the other driver signed a release stating that he can never sue your son.
All that No Fault means in FL is that the first 10K of your medical bills is required to be paid by your own insurance.
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