Boat hit by careless driver. Now what?

[Benfishin]

The amount of damage makes no difference on how carriers determine liability. Negliegence is negligence.

[Down Deep]

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 the type of policy I have through BoatUS. In addition, I also have an agreed value for my contents.

To answer the questions of the auto comprehensive insurance covering the boat and trailer, it is unlikely that it will be covered unless that property is specifically listed on declaration page of your policy. Remember the insurance company is insuring a dollar value, so you have to declare what you want insured and the policy has to list it. That is why boat/trailer/contents are insurance policies are sold. That is why banks require specified insurance before giving you a loan. This is the simple explanation.

The best approach to insurance is to buy coverage on all boats/motors/trailers, campers, towable, snowmobiles, 4 wheelers, etc., etc. That way you are covered if someone destroys you property and doesn’t have insurance and there are lots of people out there who don’t have it. Might be one thing to lose 2 or 3 grand, but it is entirely another to lose 15 or 20.

[fishin_spooge]

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.

True...as a personal injury/work comp chiropractor..deal with the passengers in vehicles a lot..their long-term bills/damage become a liability case against the drivers insurance company.

[Surface Tension]

I'm interested in what you paid, PM me if you don't want to post that or just tell me its none of my business.

I'm probably just as cautious to guess what the insurance will give you as you are at telling us what you paid.

I'd say you got a pretty good deal if you paid $6500 or less. (Boat, motor, trailer).

Top dollar would be around $7500 and for that much you could find the same boat with a 90 4 stroke.

My guess is $7000.

[bturck]

liability coverage is extended from your auto policy to the towed vehicle (your boat) however that does not include physical loss of your boat, motor or trailer If you do not have a boat policy I don't see your company covering that loss. Her policy under the Property Damage provision of her liability coverage is responsible for your vehicle and your boat. I would not retain an attorney at this point, they are entitled to 1/3 of the settlement. The fact that this lady or driver was cited should be more than enough proof of per centage of liability for them to settle your claim. However if and only if they refuse coverage would I think about an attorney. And when you pick up your new boat be sure to contact your agent for coverage. Once it leaves your property there is no coverage unless you have a policy in force. You also only have $1000 coverage while its on your property and that includes the boat, motor and trailer. Good luck. I don't see why you would not prevail with her ompany with this claim....

[bturck]

Re: Tom Fellgey statement, sorry Tom have to take exception with your post. Yes Minnesota is a No Fault State, however No Fault applies only to medical and wage loss not physical damage. In any accident there is fault, somebody screwed up; blew the red light, rearended your vehicle or crossed the center line etc.

Regarding the 10% issue; There is No law in Minnesota assigning 10% repsonsibilty just because you were there, that is totally an old wives tale. Can settlement be based on percent of liability? Yes but not because a law specifically assigns that per centage. Many factors would go into that assessment before a % would be assigned.

The claimant carrier in this accident is Allstate. I spent 23 years with that company as an agent retiring in 08. I do not see a problem having them settle this loss for you. My boat is also covered while in tow, in storage or on the water. The coverage is termed physical damage converage with a deducltible and carries a seperate premium for that coverage. Hope all works out for you and you can get back on the water.......

[rustysetter]

X2, my insurance guy told me the towing vehicle insurance covers it. even if pulling the boat with a company vehicle.

[bturck]

Rustysetter: You are correct that the towing vehicle covers the towed item, however only for liability in the event that boat causes damage to another person or property. There is no coverage that I've ever seen for physical damage to your boat because its being towed unless there is a boat policy. Example: Your hitch breaks and your boat skids into an on coming lane of traffice, damages another vehicle as a result of a collison or someone is hurt in that vehicle. The liability on your auto policy along with your property damage coverage will cover them, but not your boat. Liability on any policy is designed to cover other parties and property not you property. The boat policy would need to be in place in order to cover the damage to your boat. I know this can be a little confusing especially if you don't deal with it everyday. I would suggest that any questions anyone has regarding coverages be directed to their agent. If he (she) is not willing to take the time to explain the coverages or suggest a coverage that will fit your lifestyle, I would find another agent. We get paid to service clients in time of need, thats what we do. Writing an application is the easy part, when our clients find themselves in a predictment thats when we need to earn their trust and confidence.

[ozzie]

well said bturck!!

[Down Deep]

Coverage issues come down to this If you don't have a policy on your boat, motor and trailer to cover physical damage you are not going to recover a loss. This includes collsion, fire, theft, and all other perils. I stated this on a previous post don't ever trust that the other driver has insurance because there are a lot of them who don't. You can take them to court to recover damages, but what usually happens is that you win the game but there isn't any prize.

[amateurfishing]

I was told to get boat insurance asap so i did when i got my boat. I dont exactly know the insurance legal mumbo jumbo, but if i hit your uninsured boat, my question would be why should i pay for your boat (other than liability) when you did not care enuff to insure it on your own? That is the question i would ask my attorney to fight over. You can take it to court for 2-3 year battle but like everyone says, winning and collecting are 2 different stories. If you had it insured in the beginning, it would be a cut and dry issue.

[TooTallTom]

I was told to get boat insurance asap so i did when i got my boat. I dont exactly know the insurance legal mumbo jumbo, but if i hit your uninsured boat, my question would be why should i pay for your boat (other than liability) when you did not care enuff to insure it on your own? That is the question i would ask my attorney to fight over. You can take it to court for 2-3 year battle but like everyone says, winning and collecting are 2 different stories. If you had it insured in the beginning, it would be a cut and dry issue.

If YOU hit MY boat, why would you NOT pay for it? If I decide not to carry coverage that decision doesn't give you free rein to do whatever you want to me, does it?

[ozzie]

because.....just cause someone doesn't want to insure the boat doesn't mean you aren't responsible for replacing them with what they had if you were the one liable for wrecking/damaging it. just because they don't have it insured doesn't mean they don't care about it but sometimes people try to convince themselves that they will never be the one causing the damage to their property and therefore don't insure it cause they feel if it were to be damaged by someone else that person will pay for it and they (the boat owner) will assume the risk of loss on all other damages.

[amateurfishing]

If YOU hit MY boat, why would you NOT pay for it? If I decide not to carry coverage that decision doesn't give you free rein to do whatever you want to me, does it?

*****************************************************

IT would not be free rein to do whatever I didnt want to you, THATS WHY ITS CALLED AN ACCIDENT, nothing intentional, and thus the reason for insurance.

Lets put it this way......$175/year to make sure your toy & everything in it is covered for you.....or wait 2-3 years in the legal system with your lawyer getting half and you still have to fight for $ once the ruling is done. Does not make any cents (literally). Prudence is best.

Minnesota is "no fault state" for a reason. He could have his insurance company go after theirs, sure, but that dones not mean it will be easy or a done deal. Still may be without a boat for a while until case is closed, would rather have my insurance and be out shopping within a week, especially this time of year!

[ozzie]

"Minnesota is "no fault state" for a reason. He could have his insurance company go after theirs, sure, but that dones not mean it will be easy or a done deal. Still may be without a boat for a while until case is closed, would rather have my insurance and be out shopping within a week, especially this time of year!"

you should not speak about what you don't know...you are not making much sense. The "NO-FAULT" law has been explained and has nothing to do with physical damage to a vehicle and has everything to do with MEDICAL COVERAGE!!!

If you hit me and have insurance I promise you it won't take years to settle!!! Your company will settle and want to settle reasonably as quick as possible.....now of course it is better to have coverage on the boat itself and turn it into my own policy and have them get it back from you but to each their own...............

[Down Deep]

.now of course it is better to have coverage on the boat itself and turn it into my own policy /quote]

RIGHT ON........and that is precisely why you and I should buy a policy because the basic premise of insurance is that "BAD THINGS ARE GOING TO HAPPEN" and you shift the burden and risk to the insurance company. The insurance company makes money because they spread the risk among many.

[RumRiverRat]

Just bought boat and I'm pretty sure replacement value is only available on new boats

It is available if you are willing to pay for it.

[Down Deep]

You can buy a stated value policy. You state the value and the company insures it. The only caveat to a stated value policy is that it must be valued with in a reasonable value of what the boat, motor and trailer would be worth. Once the insurance is in place you get the stated value if there is a total loss. Many people have stated value riders on their homeowners insurance for valuable items like art, jewelry, guns, mounts, etc. The added cost for these policies is minimal.

[Valv]

I dont exactly know the insurance legal mumbo jumbo, but if i hit your uninsured boat, my question would be why should i pay for your boat (other than liability) when you did not care enuff to insure it on your own?

If this was as you say, what would your insurance pay ?

If this is the case, I have liability only on my car, you hit me, your insurance will not pay for it ?

[Northlander]

I was told to get boat insurance asap so i did when i got my boat. I dont exactly know the insurance legal mumbo jumbo, but if i hit your uninsured boat, my question would be why should i pay for your boat (other than liability) when you did not care enuff to insure it on your own? That is the question i would ask my attorney to fight over. You can take it to court for 2-3 year battle but like everyone says, winning and collecting are 2 different stories. If you had it insured in the beginning, it would be a cut and dry issue.

Because your responsable for your driving!

[Hillbiehle]

I was told to get boat insurance asap so i did when i got my boat. I dont exactly know the insurance legal mumbo jumbo, but if i hit your uninsured boat, my question would be why should i pay for your boat (other than liability) when you did not care enuff to insure it on your own? That is the question i would ask my attorney to fight over. You can take it to court for 2-3 year battle but like everyone says, winning and collecting are 2 different stories. If you had it insured in the beginning, it would be a cut and dry issue.

You're ok to pay for the liability but nothing else? What does the term liability mean to you? If I have a boat valued at $500 and I choose to only carry liability on it and you damage my boat. You're saying I should eat the cost of the $500? What about an older vehicle that I have liablity only on and you hit my car. Should I eat that cost too? Please answer...what does liability mean to you?

[amateurfishing]

my liabilty would mean whatever my insurance company tells me it means according to my policy. if my insurance takes care of it, cool. but if the victim tried to turn into an ambulance chaser and wanted to nicket l & dime the [PoorWordUsage] out of me, im just saying i would personally fight (if had legal grounds) to not pay for anything not covered by my insurance if the victim did not care enuff even to make sure they would be ok with their own insurance.

part of problem with world today, everyone wants to claim to be a victim of something and deserves great entitlement for it. if he would have had insurance right out of the gate, he would not even be in this situation, so because he was lazy or personally negligent with his own possessions someone else needs to pay? only what their policy states & nothing more IMO.

sorry if this offends anyone, but maybe a hard lesson learned, each one take care of yourself and wont have this issue. like i stated in previous post, id rather be out looking for another boat with my clami this time of year than without a boat and waiting for paperwork and insurance companies to make each other happy. im not saying person running stop sign is not at fault, but if he had own insurance it would be a much simpler process. just my opinion.

[hulapopper]

So, I have several hundred thousand dollars of disposable cash and I can afford to just go out and buy another boat. I decide not to spend the extra money for insurance on my boat. You cause an accident and total out my boat you don't think you have any liability to me.

I think the first sentence of your last paragraph says it all. Your are responsible, You should take care of it.

[Slabasaurus]

my liabilty would mean whatever my insurance company tells me it means according to my policy. if my insurance takes care of it, cool. but if the victim tried to turn into an ambulance chaser and wanted to nicket l & dime the [PoorWordUsage] out of me, im just saying i would personally fight (if had legal grounds) to not pay for anything not covered by my insurance if the victim did not care enuff even to make sure they would be ok with their own insurance.

part of problem with world today, everyone wants to claim to be a victim of something and deserves great entitlement for it. if he would have had insurance right out of the gate, he would not even be in this situation, so because he was lazy or personally negligent with his own possessions someone else needs to pay? only what their policy states & nothing more IMO.

im not saying person running stop sign is not at fault, but if he had own insurance it would be a much simpler process. just my opinion.

I don't lump indemnification and entitlement in the same category. On means you're owed something because you are special. the other means that you are owed something to place you back to the position you were in prior to someone taking something away from you. IE restoring your car/boat to the condition it was in prior to the loss.

Even with full coverage ofttimes your own carrier will encourage you to utilize the other party (provided the other party is majority at fault) as it is a much simpler process. Subrogation can be ugly and time consuming... med bills are different in that you always use your own policy regardless of fault (that's the PIP portion of your insurance) BI is different, and does not touch medical bills, but other expenses including pain and suffering, and that is definitely legal and if you fought the use of it, you'd lose. Until i go into politics and change the legislation to read a bit different, as this area specifically incurs a ton of waste and ends up impacting the rates for all drivers. Anyway... ya.

[amateurfishing]

i would think my liability would cover other persons damaged property, i would just disagree on anything else other than that (except medical)

just curious, what if he was at fault with his boat, does he lose everything in that case without insurance?