Boat hit by careless driver. Now what?

[Benfishin]

Hey RebelSS,m

Find a competent attorney first that deals with accidents/negligence.

Too much to go into deatil here, but there are MANY Minnesota laws/applications that apply to this type of insurance situation that you need to be aware of. Some are good, and some are lousy governing what you can and can't do. I've proceeded to phase two of my lawsuit (phase one was won with large lump sum settlement)

against an Insurace company for close to the same thing, and we're into year three...and that's with a big top dog attorney who's also a fishing buddy. Don't delay!!! It takes a long time, because they can and will legally delay on every ground they can. You will also be able to recover all monetary and court costs.

Exactly what is wrong w/ the system. Everyone wants to sue. The other gals insurance company should cover all the cost associated w/ the loss if the accident is determined her fault. Run and hire an atty...for what?? The guy wasn't hurt he has damages to his vehicle and boat. You wonder why insurance rates are so high. I hope he gets everything worked out and likely will be running to an atty is not the answer.

[10,000 Casts]

How much will a "big top dog attorney" cost??? We are talking about a 2001 boat here, not a 2011 Cadillac.

[ozzie]

I did some research and your boat is covered for liability by the towing vehicle but not for physical damage to the boat. A seperate boat policy is needed for any physical damage coverage for the boat....there might be a little coverage on the boat through the homeowners but it depends on a few variables and even then it is minimal. Boat policies are cheap and they are mainly actual cash value just make sure to endorse your policy for your fancy electronics and fishing equipment otherwise you might be sol when you need your policy!!

[Surface Tension]

"Originally Posted By: Surface Tension

Its quite simple. The other drive was issued a citation for running a stop sign.

That puts the fault to the other driver and his insurance company will pay."

"Not quite that simple. If they have more than liability coverage yes, they will pay, otherwise, your insurance will have to pay. Fault vs. coverage, ability to collect are all seperate attributes of this situation."

If you have Liability that means that the other drivers vehicle/property will be fixed and yours won't if your at fault.

Yes that would include a boat attached to the tow vehicle or a boat parked on the side of the road.

"Originally Posted By: PierBridge

How about this hypothetical ... what if you didn't have any insurance at all not only on the boat but your vehicle was uninsured and the lady who was obviously at fault here did have insurance.

What happens then?"

If your a MN resident driving without insurance, that is a moving violation.

Get into an accident while committing a moving violation and your at fault no matter what.

[RebelSS]

Hey RebelSS,m

Find a competent attorney first that deals with accidents/negligence.

Too much to go into deatil here, but there are MANY Minnesota laws/applications that apply to this type of insurance situation that you need to be aware of. Some are good, and some are lousy governing what you can and can't do. I've proceeded to phase two of my lawsuit (phase one was won with large lump sum settlement)

against an Insurace company for close to the same thing, and we're into year three...and that's with a big top dog attorney who's also a fishing buddy. Don't delay!!! It takes a long time, because they can and will legally delay on every ground they can. You will also be able to recover all monetary and court costs.

Exactly what is wrong w/ the system. Everyone wants to sue. The other gals insurance company should cover all the cost associated w/ the loss if the accident is determined her fault. Run and hire an atty...for what?? The guy wasn't hurt he has damages to his vehicle and boat. You wonder why insurance rates are so high. I hope he gets everything worked out and likely will be running to an atty is not the answer.

He didn't say whether the boat is worth 4g or 40G's, which will definately impact how the claim is handled. Perhaps I should have stated to consult with an attorney if the process did not work out with her insurance company. Seen it happen too many times that the insurance companies drag their butt and try to blow it off. Consulting with an attorney before proceeding is an intelligent choice; it does not make one "sue happy'.

Perhaps some of the way insurance companies handle people and claims is WHY attorneys are consulted in the first place. Apparently you haven't been through the process, good for you. I screwed around with the other company and wasted 6 months before I consulted my attorney, which is the first time I've EVER obtained legal counsel. Guess that doesn't make me sue happy.

Everyone's entitled to voice their own opinion, just like you did.

[tom fellegy]

don't forget the minnesota no-fault law, if this accdent happened in minnesota. insurance company will say that it is 10% your fault for being in the intersection.

[10,000 Casts]

Quote:

don't forget the minnesota no-fault law, if this accdent happened in minnesota. insurance company will say that it is 10% your fault for being in the intersection.

MN no fault only applies to Personal Injury Protection.

[10,000 Casts]

Quote:

If your a MN resident driving without insurance, that is a moving violation.

Get into an accident while committing a moving violation and your at fault no matter what.

I called my MN Casulty claims MGR on this and he said that we would pay out if the other guy didn't have insurance and we are at fault. Not all insurance companies are created equal but they are still legally obligated to pay out if there person is at fault. If this went alllll the way to a court decesion it would be up to a Judge and they could rule whatever way that want.

[10,000 Casts]

RebelSS, I see what you're saying and I don't think you're sue happy and it is a smart decision to get some good advice. When you don't deal with this stuff everyday, it is tough to know where to begin. I see so many people that run to lawyers at the smallest sign of trouble and go through alot of work and $$$ and don't end up any better off than if they would have if they just took their time and went though the process. When one of my insureds are at fault, if the person contacts me, I will have no problem looking into the claim and dealing with my adjuster to get that person a fair settlement. Some of my referrals have come from people that are with other companies and my clients hit..

[ozzie]

don't forget the minnesota no-fault law, if this accdent happened in minnesota. insurance company will say that it is 10% your fault for being in the intersection.

No Fault law is no matter who fault an accident is you go to your own insurance policy for your medical coverages usually up to 20,000. So if you are driving in my car and we get in an accident and we both go to the hospital, I will start my medical coverage under my auto policy and you would file a claim under your auto policy for your medical attention.

[RebelSS]

10,000 Casts: I agree with you on people running to sue on the slightest little whim. 90% of those do NOT understand the process or means by which litigation may be required to settle any type of legal dispute. IMO, total lack of common sense. Know how insurance works; read and UNDERSTAND your policy, know your agent, that would be a good start...then a sit down with the company involved to try to negotiate a fair settlement...which is the goal that we intend to arrive at when all is said and done. When all else fails, seek intelligent legal representation, which may save money in the long run for all parties involved.

[Rugbyguy]

Details on the boat that was hit. Let me know what you think would be a fair amount to accept from the insurance company?

2001 Crestliner 1650 Fish Hawk

2001 Johnson 60hp 2-stroke

2001 Shorelander Roller Trailer

Boat was always stored indoors. Had no scratches or dock marks.

Motor has very low hours. Prop was in like-new condition.

Trailer was in great shape. No wear on the tires. Full size spare tire with cover. Side rails on the trailer. Lifetime license.

[Maverick]

How much did you pay for it. Wouldn't that be a good place to start?

[LightningBG]

Here's an interesting twist on the car vs. boat.

I have a canoe trailer for going up to the BWCA. I asked my agent what type of coverage I would have on it while I'm in transit. He said the trailer would be covered, but the canoes wouldn't be (if we were in an accident). Split decision I guess.

And for those buying things....

GET INSURANCE

I wont even trailer a boat or sled home from a dealership/person I'm buying from, without coverage before I even hook it on the truck.

[Slabasaurus]

don't forget the minnesota no-fault law, if this accdent happened in minnesota. insurance company will say that it is 10% your fault for being in the intersection.

No, no fault is another way to say MN is a PIP state, Personal Injury Protection. In any motor vehicle accident, you use your own auto policy to cover your medical bills, regardless of fault. Hence no fault.

Comparative negligence is something that most accidents have some portion of when the liability decision is made between the two insurance companies. For example: On a clear day, relatively clear streets, if someone running a stop sign hits your side panel between the front and rear doors or any panel forward from that, I'd say you're at least 10% liable, as a front impact indicates you should have been able to see the other car coming and performed some evasive action.

If there was comp neg applied to this one, given how far back the collision was on the OP's vehicle... it's pretty clear no real evasive action could have been taken on the OP's part that would have been successful in avoiding the accident.

This thread is amazing...

the laws on insurance are confusing enough... let alone the fact that each policy is unique and should be read (and understood) carefully. This is further convoluted by the fact that every accident is unique as well and, well, the short of it is getting insurance advice online for specific incidents is (as demonstrated here) confusing

The riders and whatnot - indications you need extra insurance for special items is valid, but in a libalitiy case not to the extent as if You were at fault, as the other party and their insurance will indemnify you.

Terrible situation regardless... accidents are never fun.

[LightningBG]

accidents are never fun.

Unless the resulting accident is pregnancy.

[Slabasaurus]

Unless the resulting accident is pregnancy.

Haha.... that's a good point

[10,000 Casts]

Quote:

Details on the boat that was hit. Let me know what you think would be a fair amount to accept from the insurance company?

2001 Crestliner 1650 Fish Hawk

2001 Johnson 60hp 2-stroke

2001 Shorelander Roller Trailer

Boat was always stored indoors. Had no scratches or dock marks.

Motor has very low hours. Prop was in like-new condition.

Trailer was in great shape. No wear on the tires. Full size spare tire with cover. Side rails on the trailer. Lifetime license.

Start calling dealerships and looking on C - list, That's what most adjusters will do. That is a very common boat so it should be pretty easy to get a $$$. And a full coverage policy on that boat will be about $100 a year, if I were you, I would put a policy on it before you drive it home.

Another thing not mentioned is that some HO policies will allow a claim on a boat if you bought it within 30 days. But there could be some variables involved there..

[10,000 Casts]

Quote:

How much did you pay for it. Wouldn't that be a good place to start?

some people get a really good deal and then can't find the same boat or car for the same low price.

[jac714]

An idea for those out there looking to insure boats ask your agent about an "agreed value" policy. This is what I have and it is basically where you adn the agent agree on the value of the boat and the gear and in case of a loss that is what you get.

[Slabasaurus]

An idea for those out there looking to insure boats ask your agent about an "agreed value" policy. This is what I have and it is basically where you adn the agent agree on the value of the boat and the gear and in case of a loss that is what you get.

That's actually a really good idea. Would eliminate the conflict that arises as a result of "perceived value" vs "actual cash value".

So you total the thing, you go to your agent, they pull out your policy, and they will provide you the "agreed value" to replace the loss? Is there a factor of determination because 'indemnification' is restoration to the state prior to loss... I guess i am trying to understand how this would work... if you and your agent agreed your boat is worth 15 grand, and three years later you total it, is it a 15 grand check you will receive, or is there depreciation, or is it (agreed value) reviewed annually?

When I purchase myself a river rig I'll have to be sure to think about this.

[BartmanMN]

some people get a really good deal and then can't find the same boat or car for the same low price.

I got a good deal on my boat so I upped my insurance by 2 grand.

[Hillbiehle]

Since the purchase was recent, you should expect to receive the amount you paid for it (assuming it was a TOTAL loss), even if you got the deal of the century on it.

[Down Deep]

don't forget the minnesota no-fault law, if this accdent happened in minnesota. insurance company will say that it is 10% your fault for being in the intersection.

This statement is incorrect. MN - no-fault law applies only to medical claims. No-fault requires the owners of the vehicles to pay for medical bills of any of the occupants in thier vehicle up to certain limits without the injured person have to prove fault on one or both parties. The injured person's right to sue for future long term medical care and pain and suffering is not limited by no faul. The law has nothing to do with collecting money to pay for damage to property.

[jac714]

To be honest I am not sure. My understanding is that we agree at each renewal (annually) what the boat is worth and if it is totaled that is what I get. I believe it is a little more expensive but the lack of a hassle is worth it to me.