Boat Crushed by Storage Facility's Forklift!!! Help!

[1badhusky]

Called my storage facility today to tell them I was going to take my boat out.

Dude's like "Oh, there was an accident with your boat. Our forklift accidently shifted into gear and ran into your boat."

:

Go down to the yard and see that the forklift hit the $50k skiboat behind mine, pushing it into mine. His swim platform went in between my swim platform and outdrive, crushing both swim platforms.

My outdrive gougged a 3-foot-long crevice in the bottom of the other boat's swim platform. Doesn't appear to have major damage - but could this have screwed up any linkages, engine mounts?

The force of the collision pushed my boat about a foot foward on my trailer, completely tweaking where the front i-bolt connect to it. It also pushed my boat into another boat, giving me some new scratches on the front left side.



So, it doesn't appear to be enough damage to total it, but I don't want to have a repaired boat and then find out it damaged the outdrive, engine or mounts.

I also don't want to waste all summer waiting for them to repair my boat.

And I don't want a repaired boat - I want a like-new boat like mine was.

What do I do? Any help from people w/ experience in this would be greatly appreciated.
http://i981.photobucket.com/albums/ae293/1badhusky/IMG_0344.jpg

Here's what my outdrive did to the other boat's swim platform:
http://i981.photobucket.com/albums/ae293/1badhusky/IMG_0352.jpg

http://i981.photobucket.com/albums/ae293/1badhusky/IMG_0359.jpg

http://i981.photobucket.com/albums/ae293/1badhusky/IMG_0352.jpg

http://i981.photobucket.com/albums/ae293/1badhusky/IMG_0344.jpg

 

[Bob_VT]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

Lawyer.

Did this just happen? You called them..... they did not call you??

 

[Bass Tracker TX17]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

MMMM 1badhusky
you have a lot of don'ts in your post.
But the reality is.
If it isn't totaled your going to have a repaired boat.
your going to have to wait to have it repaired.
your going to have to document all the damage and possible hidden damage to anything mechanical.
After it's repaired and next year it leaks somewhere or some other issue your going to have a tuff time getting it resolved.
I've been through this on a car and boat.
I was told it would be repaired commercially acceptable. In other words ( read between the lines) that's as good as it's going to be. live with it.

Very sorry for you. i know exactly how you feel and you'll feel exactly like i did after it is over.
a lawyer could possible help but will definitely slow down the whole thing. then you pay him and what do you have left. A repaired boat

 

[1badhusky]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

Lawyer.

Did this just happen? You called them..... they did not call you??

Nope, they didn't. They said it happened saturday when I called them this morning to tell them i was coming to take it out for the day. nice work they do, eh?

If they're not going to total it, which I don't think they will, don't they need to pay for me to rent a boat until mine is completed - just like w/ a car?

I'm not looking for a new boat - just want what I had - a beautiful boat that wasn't damaged. Perhaps I won't get this.

I'm wondering if I'll end up in court - the guy driving the forklift was probably not licensed, and the forklift didn't even have brakes! Could be their ins co decides to not even cover it.

 

[1badhusky]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

MMMM 1badhusky

After it's repaired and next year it leaks somewhere or some other issue your going to have a tuff time getting it resolved.
I've been through this on a car and boat.
I was told it would be repaired commercially acceptable. In other words ( read between the lines) that's as good as it's going to be. live with it.

Any thoughts on how you'd go about getting the most out of this situation from your experience? Did you work through your insurance company to go after theirs?

 

[greenwell001]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

have you seen the other boat owner or talked to him...you may be able to split the cost of the lawyer and have a little more momentum on you side with the two of you going at this.....just a thought

 

[Bumpus7]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

.
I would call the police and have them make out an accident report
which will help in your favor.

Call your insurance and let them know
and they can advise you on what to do.
.

 

[skargo]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

Accidents happen to all of us, and while we deserve appropriate repairs, we don't have the right to a whole new, never damaged boat(or car, whatever)

The only thing I would press is they didn't call you. I'd let my insurance handle it first, before lawyering up.

p.s. your frantic thread title is misleading! I was expecting real carnage here.

 

[1badhusky]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

have you seen the other boat owner or talked to him...you may be able to split the cost of the lawyer and have a little more momentum on you side with the two of you going at this.....just a thought

That's a good idea! His boat got more damage than mine - his actually got a hole punched in the hull - and it is brand new, very expensive...I imagine he'll be at least as po'd as me and may have some money to put behind it w/ a lawyer.

Not sure how I'd get his name...guess I can ask.

 

[jerzeyboatman]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

The marina should have insurance. Demand a copy of their insurance policy and go thru their insurance company. It will be the fastest way to get your boat repaired. You also will not have to incur any deductibles by proceeding this way. Once the boat is repaired put it in the water right away and check for leaking, problems with the steering and if you find additional issues call the insurance company again and and notify them that there are additional problems. They will have to keep the claim open until everything is right. I work in insurance and hope everything works out for you.

 

[BuzzStPoint]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

This might even get resolved without lawyers.

You'll file a claim with your insurance. They will contact his insurance. They will make the appropriate decision on how to proceed.
If I were to assume what they will do, Your boat will probably be out of commission for most of the boating season while it's repaired. But as for a rental boat? Only way I see you getting a rental is if your insurance policy has provisions in it.

 

[Fisherball]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

If they don't rent you a comparable boat til yours is fixed & don't fix it so it has the same value as before the accident I would be taking an ad out in local paper explaining to others how this marina screws their customers! I once threatened a flooring company that tried to screw me with legally parking a bright yellow, rat car in front of their business with my story written on it. (A friend tows for a junk yard.) The owner gave me a check the next day, I didn't even have to buy the rat car. Before I threatened doing that he had told me to go ahead & take him to court. He knew I was serious.

 

[CATransplant]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

I've often wondered about these storage places that use forklifts to launch and move boats. Who's running the forklift. Some minimum wage guy? I don't think I'd trust my boat to such a situation, frankly, especially if it was an expensive boat.

While it sounds good, there are too many morons hiring other morons to do things for my peace of mind.

 

[Sikiguya]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

Get the pitchforks! Light the torches! Let's string them up! C'mon people! Let's look at this from a logical standpoint. I know that this is a very emotional situation but there are rules and protocol.

1. Don't call the police. Don't put an ad in the paper defaming the marina.
2. Get out your agreement with the marina and read it. There is probably legal language regarding this issue. You might not like what you read but you will know your rights and steps available to you.
3. Contact your insurance company and their insurance company and start the claim.
4. Find out from everyone what exactly is going to happen and how it will proceed. It sounds too early to assess whether the boat is totaled or not.

I wish you luck with this. I know that everyone here is supporting you..but as Forrest Gump said, "$%#* happens!"

 

[rbh]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

OUCH
now let the insurance people "hopefully work it out" in your favour!

 

[H20Rat]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

The marina should have insurance. Demand a copy of their insurance policy and go thru their insurance company.

Demand all you want, but they have zero right to give you the entire policy. In fact, in many cases it may be explicitly stated in their insurance policy that they can NOT share it with you. That demand probably would go straight to their lawyer, which means you just got yourself into a year long legal battle.

If they don't rent you a comparable boat til yours is fixed & don't fix it so it has the same value as before the accident I would be taking an ad out in local paper explaining to others how this marina screws their customers!

VERY slippery territory there... Defamation lawsuits can get really expensive, and the guy with the shallower pockets loses. Yes in rare cases it might work, but you are playing with fire on that.


See post #15 above, best advice yet!

 

[Bass Tracker TX17]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

Any thoughts on how you'd go about getting the most out of this situation from your experience? Did you work through your insurance company to go after theirs?

I Kept informed with the insurance companies and who inspected the damaged vehicles. And I also asked a lot of questions and did not tip my hand on any experiences i had just to make sure they were on the up and up.

I've been in the auto business all my life and i will give you one piece of advice.
BE NICE !!!! Keep the guns in the holster until necessary

Like others have posted. Stuff happens. You can ask the ins company to get it repaired and go after theirs if necessary. Just explain your situation that it's a short season and any delay will make the boat unusable for the season.
You would be suprise what can happen with a little honey. Maybe even a temp repair for the season until it can be repaired completely in the fall???

just a thought. I do wish you luck
Don't sign off on the repair until it's water tested and make sure you check EVERYTHING !!!!!!!!!!

 

[1badhusky]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

Spoke to my insurance, they said work through the storage facility's insurance and if I can't get what I want they'll assign an adjuster to help me out.

Guess I'll find out tomorrow what their insurance's process is.

 

[Outsider]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

Wow, who do you have insurance with? I know I have a policy with a company, and that's who I work through on any claim (for or against me). If anyone needs to deal with another company, it's not me. Your company is responsible for your claim, any recovery from another company is their problem And they need to send an adjuster to document your claim now ...

 

[cr2k]

Re: Boat Crushed by Storage Facility's Forklift!!! Help!

I agree with the last post. What do you pay insurance for if you have to go the other company? If your agent is not going to help you, which I don't think they are bound to do, I would be up front about going to a different company. My car agent does stuff for me to keep me because I have been with them for 30 years. This should mean something to them.

But do keep civil when dealing with others. I have found out the louder you yell the further they back off, and the more you threaten the more likely they they are to make you prove it.

I would also not pay for any slip/storage from the date of the accident until the boat is complete and seaworthy. I would ask either via my insurance or theirs that a qualified marine inspector/mechanic sign off on the repairs.

Unfortunately you will have a repaired boat. That being said you may have some choice who does the repairs. I ran on up on the rocks from a bad steering cable split the hull stem to stern. It was repaired and you could not see any signs of it and it rode and handled like it did prior to the repair.

If it's done right the only thing you will gain is maybe a few pounds of resin.

I would for sure ask for a loner or rental, but not expect them to rent one if they don't have one. Could be a trade off for the storage/slip time you shouldn't have to pay.

One thing you could pull out of your holster (when it's time) is a call to OSHA and or the Better Business if the forklift operator wasn't licensed.


Wish you the best.