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I've been hit...insurance Help

Old 02-26-2017, 09:15 AM
  #21  
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We pay an extra $90 a year to increase our underinsured and 3rd party coverage to $2 mil. It also kicks in for hit and run, when there is no second party insurance company involved. A little piece of mind to help protect passengers as well our own equip.
Hope you can get yours figured out and get back on the water.
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Old 02-26-2017, 09:40 AM
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Originally Posted by ButchDavis View Post
If the offender's insurance policy has only $10,000 in liability coverage that is the maximum they will pay, period! It is their limit of liability in the accident. Depending upon the coverage by the OP's policy they MAY pick up the delta of his loss.

My boat and trailer insurance company covers both while towing. I thought that was fairly universal for boat/trailer coverage.

As stated above, you can go after the offending party in court. As he was an unlicensed driver I suspect he has many prior offenses and few assets you can go after.
True but my neck would also be hurting from the violent impact
Some liability is bodily injury and some property damage, varies by state. Independent agent and I would seek legal representation in this case.
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Old 02-26-2017, 09:50 AM
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Speaking from experience....

Hire a lawyer and let the lawyer do ALL the communicating. Their insurance has no plans to make sure you are satisfied. Lawyer up and they will make sure the legal system looks out for you. They basically have a team of lawyers who know how to screw you.
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Old 02-26-2017, 10:03 AM
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Originally Posted by Raybo Marine NY View Post
Loss of use you wont get anything back

Towing the boat from the accident should be part of the claim, storage i dont think so beyond a day or so maybe

Where is the boat normally stored how come its not being stored there now? Or am i not understanding the whole situation?

I understand your frustration but if hypotehtically speaking the trailer is 5-10 years old insurance responsibility is not a new trailer. This is where a better marine inusrance policy really pays off but even then depreciation is normally applied
Agreed. Seems 2000$ is high for car rental and storage. You are obligated to move quickly in getting repairs done. If you have legitimate reasons to incurring those costs I believe your best recourse is to sue other party. Looks like your insurance has paid what you are due from them, he can push his insurance to avoid suit.
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Old 02-26-2017, 01:47 PM
  #25  
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I do this for a living... So listen up everyone.

1. Review your insurance coverage. Under insurance is a big deal in America. I cannot begin to tell you how many people are under insured. Buy the MAXIMUM under insurance coverage that you can buy. Remember, the guy that hits you is most likely a total loser, has no property, little income, and is buying the state mandated minimum coverage possible. If you are in Florida, understand the difference between "out-side" and "in-side" policy limits coverage.

2. Once your boat is hooked up to your car, your boat insurance becomes secondary to the auto policy. Make sure you have adequate coverage, including deductibles, for any trailer.

3. Some boat insurance companies will insure boats on trailers upon being hooked up (additional coverage, rider). Again, make sure you have adequate coverage, including deductibles, for your boat , trailer and equipment. If you are trailering your boat illegally, i.e.: over sized w/o permits, no brakes on trailer and boat is over required weight limits, car/truck too small for boat, undersized trailer, undersized hitch, no tow chains, etc., your insurance company will in all likelihood deny coverage.

4. If you are in a collision, call the police. Immediately take photos of everything you can take photos of INCLUDING the scene of the collision, not just the damage. The scene of the collision is far more important to me as an attorney than what was lost. I can get what was destroyed afterwards. I cannot recreate the accident scene. Get names of all witnesses, Take pictures using your cell phone of car tags, registrations, licenses, insurance papers, parties involved, street signs etc. You can not take too many photos. Even have someone take photos of the cops or E-Med that respond to the call. They too are very important.

5. Secure your property from theft. Note: Most theft of property will be covered either under your homeowner's policy (yup, another rider) or the boat policy (and still another rider). If necessary, call a friend to come and get your stuff, otherwise it is gonna disappear. Check that you have adequate coverage for property theft. Unless you are being rushed to the hospital, do not leave valuables in the boat or vehicle and/or tow truck operator. Ride over to the impound lot if necessary to unload your boat and car if you must. Remember that your boat and car could be impounded as evidence. Trust me on this, I do it all the time.

6. If you have even the smallest injury, go to the hospital and get checked out. The Hospital will document your condition. Most soft tissue injuries to not manifest for 24-48 hours. Take photos of bruises, cuts, redness, etc. Follow the doctor's discharge instructions to the letter. Do not say, I feel OK and fail to follow up with whomever the doctor instructed you to. DO NOT return to work without a doctor's release. Ask the doctor to give you a release that details any limitations upon your ability to do your job (lifting, sitting for long periods, etc.)

7. DO NOT give a statement to the insurance company unless you have spoke to an attorney first. Your statement can, and will, be used against you later. Remember that the Insurance Companies are not your friend. Their sole interest is minimizing claims.

8. DO report the incident to your carrier, even if you believe that you are not at fault. Failure to notify could result in a loss of coverage.

9. Seek the advice from an attorney or professional adjuster if the damages are severe. NEVER try to do this alone. You will lose every time. Remember that the Insurance Companies are not your friend. Their sole interest is minimizing claims.

10. If you must, make a claim against your policy and have them go after the other guy for subrogation. Absent a personal injury, pay the deductible and call it a day. Property damage claims are pretty cut and dry.

11. If you do try to do it yourself, and you get yourself in to a corner, get help from a pro ASAP. Again, there are a lot of great professional adjusters to help you with a property claim, and PI attorneys for injury claims.

Good luck and sorry to hear about your loss.
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Old 02-26-2017, 08:19 PM
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Originally Posted by Raybo Marine NY View Post
Loss of use you wont get anything back

Towing the boat from the accident should be part of the claim, storage i dont think so beyond a day or so maybe

Where is the boat normally stored how come its not being stored there now? Or am i not understanding the whole situation?

I understand your frustration but if hypotehtically speaking the trailer is 5-10 years old insurance responsibility is not a new trailer. This is where a better marine inusrance policy really pays off but even then depreciation is normally applied
The boat is normally stored at the marina in the summer and my house in the winters. Just trying to figure out how they put a value on a used trailer when inventory does not exist. If there is nothing available, should they cover a replacement? New would be nice..

As for the $2k out of pocket; $1200 for a rental for 22 days and $800ish for the boat storage (15 days).
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Old 02-27-2017, 06:18 AM
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A lot of really good advice is seen in this thread. But...., again, regardless of the OP's loss his recovery even if he does everything he should do and has ten PI attorneys is limited to his insurance coverage and the coverage of the offender's PL&PD insurance. The insurance companies, his and the offenders, are protected from claims greater than the coverage in the policies. Most of the losers out there have no insurance and those that do usually have the minimum coverage required by law.

If you lack good/sufficient uninsured/underinsured coverage in your policy you are taking large risks with your money.
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Old 02-27-2017, 06:21 AM
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Originally Posted by ButchDavis View Post
A lot of really good advice is seen in this thread. But...., again, regardless of the OP's loss his recovery even if he does everything he should do and has ten PI attorneys is limited to his insurance coverage and the coverage of the offender's PL&PD insurance. The insurance companies, his and the offenders, are protected from claims greater than the coverage in the policies. Most of the losers out there have no insurance and those that do usually have the minimum coverage required by law.

If you lack good/sufficient uninsured/underinsured coverage in your policy you are taking large risks with your money.
I think he said its $2k? I would think thats below the minimum?
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Old 02-27-2017, 06:48 AM
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Originally Posted by HighInterest View Post
I do this for a living... So listen up everyone.

1. Review your insurance coverage. Under insurance is a big deal in America. I cannot begin to tell you how many people are under insured. Buy the MAXIMUM under insurance coverage that you can buy. Remember, the guy that hits you is most likely a total loser, has no property, little income, and is buying the state mandated minimum coverage possible. If you are in Florida, understand the difference between "out-side" and "in-side" policy limits coverage.

2. Once your boat is hooked up to your car, your boat insurance becomes secondary to the auto policy. Make sure you have adequate coverage, including deductibles, for any trailer.

3. Some boat insurance companies will insure boats on trailers upon being hooked up (additional coverage, rider). Again, make sure you have adequate coverage, including deductibles, for your boat , trailer and equipment. If you are trailering your boat illegally, i.e.: over sized w/o permits, no brakes on trailer and boat is over required weight limits, car/truck too small for boat, undersized trailer, undersized hitch, no tow chains, etc., your insurance company will in all likelihood deny coverage.

4. If you are in a collision, call the police. Immediately take photos of everything you can take photos of INCLUDING the scene of the collision, not just the damage. The scene of the collision is far more important to me as an attorney than what was lost. I can get what was destroyed afterwards. I cannot recreate the accident scene. Get names of all witnesses, Take pictures using your cell phone of car tags, registrations, licenses, insurance papers, parties involved, street signs etc. You can not take too many photos. Even have someone take photos of the cops or E-Med that respond to the call. They too are very important.

5. Secure your property from theft. Note: Most theft of property will be covered either under your homeowner's policy (yup, another rider) or the boat policy (and still another rider). If necessary, call a friend to come and get your stuff, otherwise it is gonna disappear. Check that you have adequate coverage for property theft. Unless you are being rushed to the hospital, do not leave valuables in the boat or vehicle and/or tow truck operator. Ride over to the impound lot if necessary to unload your boat and car if you must. Remember that your boat and car could be impounded as evidence. Trust me on this, I do it all the time.

6. If you have even the smallest injury, go to the hospital and get checked out. The Hospital will document your condition. Most soft tissue injuries to not manifest for 24-48 hours. Take photos of bruises, cuts, redness, etc. Follow the doctor's discharge instructions to the letter. Do not say, I feel OK and fail to follow up with whomever the doctor instructed you to. DO NOT return to work without a doctor's release. Ask the doctor to give you a release that details any limitations upon your ability to do your job (lifting, sitting for long periods, etc.)

7. DO NOT give a statement to the insurance company unless you have spoke to an attorney first. Your statement can, and will, be used against you later. Remember that the Insurance Companies are not your friend. Their sole interest is minimizing claims.

8. DO report the incident to your carrier, even if you believe that you are not at fault. Failure to notify could result in a loss of coverage.

9. Seek the advice from an attorney or professional adjuster if the damages are severe. NEVER try to do this alone. You will lose every time. Remember that the Insurance Companies are not your friend. Their sole interest is minimizing claims.

10. If you must, make a claim against your policy and have them go after the other guy for subrogation. Absent a personal injury, pay the deductible and call it a day. Property damage claims are pretty cut and dry.

11. If you do try to do it yourself, and you get yourself in to a corner, get help from a pro ASAP. Again, there are a lot of great professional adjusters to help you with a property claim, and PI attorneys for injury claims.

Good luck and sorry to hear about your loss.

Your number 2 is wrong. The only thing a car policy will cover is liability for what's being towed.

Last edited by fishingfun; 02-27-2017 at 07:19 AM.
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Old 02-27-2017, 06:58 AM
  #30  
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Maybe I'm mistaken but if the other party is clearly at fault, you don't need rental car insurance. I've had a couple of accidents where I got hit and didn't have rental coverage. My ins. co. told me I was entitled to a rental of equivalent size to my own vehicle and that the other party's insurer would be paying them for it.
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Old 02-27-2017, 07:03 AM
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Originally Posted by Cobia 217 View Post
Maybe I'm mistaken but if the other party is clearly at fault, you don't need rental car insurance. I've had a couple of accidents where I got hit and didn't have rental coverage. My ins. co. told me I was entitled to a rental of equivalent size to my own vehicle and that the other party's insurer would be paying them for it.
that is correct if the other insurance company is paying but you probably have to come out of pocket initially
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Old 02-27-2017, 07:37 AM
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I know every state is different, but I have had similar situations happen over the years. I even had State Farm go to bat for me 2 times in 18 years for things that were outside of my policy.

I will say this to the Stearman 43: I am not usually one to "game the system" but after an accident, especially one that has the force to total a new truck, you definitely need to hold the injury card against the other guys insurance. Get yourself checked out, do NOT ever tell the insurance company you are fine, they like to close the books on injury ASAP because unlike property loss, which is easily valued and remedied to the extent they are willing, injury can be very hard to value when people claim to have injuries that aren't obvious. I have found that insurance companies will pay up to the extent of their customers coverages (on property loss) if they feel they can get goodwill out of you and have you close the injury liability.
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Old 02-27-2017, 08:28 AM
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[ Just trying to figure out how they put a value on a used trailer when inventory does not exist. If there is nothing available, should they cover a replacement? New would be nice..

I had my trailer stolen LY. The insurance company called the manufacture to get a quote on a new one with the same specs. then they took deprecation of 10% annually, then applied my deductible. It was very fair but of course I wanted more.
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Old 02-27-2017, 08:40 AM
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Originally Posted by takemorepills View Post
I know every state is different, but I have had similar situations happen over the years. I even had State Farm go to bat for me 2 times in 18 years for things that were outside of my policy.

I will say this to the Stearman 43: I am not usually one to "game the system" but after an accident, especially one that has the force to total a new truck, you definitely need to hold the injury card against the other guys insurance. Get yourself checked out, do NOT ever tell the insurance company you are fine, they like to close the books on injury ASAP because unlike property loss, which is easily valued and remedied to the extent they are willing, injury can be very hard to value when people claim to have injuries that aren't obvious. I have found that insurance companies will pay up to the extent of their customers coverages (on property loss) if they feel they can get goodwill out of you and have you close the injury liability.
I too played this card. Got rear ended and the ins co of the car causing the accident was "dicking" me around with lowballs. I made a mention that I was looking at getting a medical checkup as my back was bothering me (it was) and what was the procedure for getting that paid for. I made no overt connection between them lowballing me and me going medical, but in their eyes it must have been implied. And that was enough. The came back with a fair offer and I settled. Never ended up going to the doc.
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Old 02-27-2017, 08:58 AM
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Originally Posted by Stearman43 View Post
The boat is normally stored at the marina in the summer and my house in the winters. Just trying to figure out how they put a value on a used trailer when inventory does not exist. If there is nothing available, should they cover a replacement? New would be nice..

As for the $2k out of pocket; $1200 for a rental for 22 days and $800ish for the boat storage (15 days).
why not have the boat transported and blocked up at your home or the marina?
had to get a rental after my wife has gotten into no fault fender benders, never had an issue with a rental car, whats the issue here? why not get the rental through your insurance company and let them get it back from his?
you need to do something because the current path does not seem to be going well for you, much harder to get paid after the fact
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Old 02-27-2017, 09:46 AM
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In Georgia, if they try to low ball you, you can just demand they replace the totaled vehicle with a like one. In other words you can call their bluff. If they say they will give you $2000 for the trailer you can demand they find you one like the one you lost for $2000. If they can't find one for that amount then they will have to pay more for what a like trailer will cost.
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Old 02-27-2017, 09:56 AM
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Originally Posted by Raybo Marine NY View Post
why not have the boat transported and blocked up at your home or the marina?
had to get a rental after my wife has gotten into no fault fender benders, never had an issue with a rental car, whats the issue here? why not get the rental through your insurance company and let them get it back from his?
you need to do something because the current path does not seem to be going well for you, much harder to get paid after the fact
It isn't the crash victims responsibility to be inconvenienced by an immovable boat. I know I could not handle a boat on blocks in my yard for any reason. Can't think of any marinas that will allow it either. If the normal in season storage is in a dry stack or similar, it would be reasonable to move it there, at the cost of the insurance company.

In my mind, expensive daily storage is where it needs to be just to make the responsible parties insurance company get off their ass.
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Old 02-27-2017, 09:57 AM
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I'll add more.

MY EXPERIENCE ONLY:

Public adjusters have never helped me. They always appear to have some shady side deal on both sides. Maybe I just never used a good one yet. The times I've used one, it had to to go the lawyer and that is when the real money came. IMHO.

It sucks to give away a third, but a good insurance lawyer is worth every penny.
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Old 02-27-2017, 10:13 AM
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Originally Posted by gbchriste View Post
Don't know how SC does it but Florida is a "no fault" state, which basically means you never deal directly with the other party's insurance. Your insurance company pays your damages - based on the coverage in your policy - and the other party's insurance company pays theirs. Then the two companies duke it between them to settle differences, a process called "subrogation". So once your insurance pays you, your company will try to go after the the other party's insurance company to reimburse them if it is determined they were at fault. The problem with that scenario is your payout is limited to the coverage on your policy. If you only have $!000 coverage on the trailer and the trailer is totaled, you're only getting $!000 from your insurance and you have no opportunity or ability to go after the other party for the difference.
Sorry, this is completely wrong!

No-Fault in FL has absolutely nothing to do with Property Damage (Liability coverage or Physical Damage coverage) it only has to do with injuries and medical coverage. Basically it states that no matter who caused the accident, the bills for your medical treatment is covered through your own coverage (if you are a FL resident).

The minimum coverage in FL is 10,000 in Property Damage Liability AND $10,000 IN PIP (personal injury protection aka NO FAULT)

You have the right to go after a 3rd party for your damages based on their negligence and up to their policy limits. That being said, if your insurance pays your covered damages and you have non-covered additional out of pocket expenses, you can pursue the at-fault party AND so can your insurance company for their subrogation rights for the amount they paid to you pursuant to your policy. That MAY present a limit problem if the other party has minimal liability limits.

In NC the minimum liability limits are $30K/$60K/$25K. the first 2 numbers are for bodily injury. $30K per person up to $60K per accident. $25K is for property damage.

Good Luck.
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Old 02-27-2017, 01:00 PM
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Originally Posted by autobaun70 View Post
It isn't the crash victims responsibility to be inconvenienced by an immovable boat. I know I could not handle a boat on blocks in my yard for any reason. Can't think of any marinas that will allow it either. If the normal in season storage is in a dry stack or similar, it would be reasonable to move it there, at the cost of the insurance company.

In my mind, expensive daily storage is where it needs to be just to make the responsible parties insurance company get off their ass.
dont take this the wrong way- you can be a victim and try to do things after the fact, or you can do what needs to be done.
the boat is normally at his house or marina- im sure it can go to one of them again. Boats are on blocks at marinas all the time. You come by water for service and they haul you out and block you up. Boats waiting for parts, etc. Im sure if he tells them what happened they would be sympathetic to him and work something out.

no way in hell I would want my property sitting in storage where it isnt secure. If anything is missing or damaged im sure they will point to the sign on the wall and the paragraph on the paper that says they are not liable for damage

what happens if 3-4 more weeks goes by? more storage?
hopefully a trailer is on order and part of the reason for the storage.
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