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

smokeonthewater

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

Be very careful with that line. I sat in with a friend who was dealing with an adjuster. He made a statement similar to that and the adjuster gave him a sheet of paper with info on their Legal Dept., said we're done, have your attorney contact our Legal Dept., and he left. He called and sweet talked them into getting him together with the adjuster again, but my feeling is he went in a lot weaker and settled for less than if he had avoided that line.

Glenn

YEP that was my point... you can indicate that you won't be pushed around but stress that you would greatly prefer to work it out.... you have to be very careful brandishing ur lawer.... like I said the rep you are talking to will be very happy to hand you off to the legal dept
 

QC

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

Why does he have to do anything but get the Marina to fix it? I am soooo confused. Nobody has said no to him yet, there is no way on Earth that this is a total. Don't call anybody if you want your boat back anytime soon. No one is jacking you around yet, right? Change Insurance Company's later if you are not happy, but if it was me, I would be nice and then I'd go boating . . . ;) Let the people who screwed up deal with it. Ship happens for sure, get over it, get it fixed, or be miserable.

BTW, aren't the step and the platform both removable parts? Unless there is some indication of mega drive damage (there won't be) this is a no-brainer.
 

smokeonthewater

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

well that is one possible choice he has.... personally there is NO WAY I would leave any repair choices to the party responsible for the damage and payment.... The only people to touch my boat would be the people I hired to do it.... all the marina/ins would get was the bill
 

QC

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

all the marina/ins would get was the bill
I understand your passion, but neither of those parties would have approved it at that point . . . I understand wanting to cover your butt, but I am thinking like a customer, and I am thinking he is still one of the Marina's. Talk to the right guys, be nice and ask them to win back your confidence with a quality repair. Only my .02 and worth quite a bit less than that . . . :)
 

airdvr1227

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

Why does he have to do anything but get the Marina to fix it? I am soooo confused. Nobody has said no to him yet, there is no way on Earth that this is a total. Don't call anybody if you want your boat back anytime soon. No one is jacking you around yet, right? Change Insurance Company's later if you are not happy, but if it was me, I would be nice and then I'd go boating . . . ;) Let the people who screwed up deal with it. Ship happens for sure, get over it, get it fixed, or be miserable.

BTW, aren't the step and the platform both removable parts? Unless there is some indication of mega drive damage (there won't be) this is a no-brainer.

You absolutley must contact your insurer, if for nothing more than to let them know what is going on. If you mess around with the marina for weeks and get no satisfaction, you might not be able to get your insurer involved later.
 

QC

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

He did that ^^^^^
 

ftl900

Petty Officer 2nd Class
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Re: Boat Crushed by Storage Facility's Forklift!!! Help!

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.

Bass Tracker TX17 is absolutely right about that- once you go "bad" with them, there's no going back.

A consumer advocate in Atlanta (and on CNN), Clark Howard, always advises to be as nice as possible and act like you assume they are going to take care of everything in good faith. (My translation, not his words)

I was recently involved in a car accident where my daughter was driving my car and rear-ended someone else. Our fault, yes, but my insurance company treated me with kid gloves through the whole process and did a super job of handling everything for me. BTW, it's USAA.

Good luck with it.
 

1badhusky

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

I did contact my insurance - no help there unless I reach an impass w/ SF.

Still waiting for State Farm to call me back.

I would never trust someone who's paying for the repairs, and thus has a vested interest in doing them cheaply, to manage that process.

I'll be hoping to get "diminished value" from them of 10% of boat value (my guess is value is around $17k) - now that it's been in an accident, it is worth less than the same boat that hasn't been damaged.

I'll push for loss of use as well - we'll see.

And I'll be nice until they've proven that nice doesn't work - hoping that point doesn't come.
 

rolander

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

I did contact my insurance - no help there unless I reach an impass w/ SF.

Still waiting for State Farm to call me back.

I would never trust someone who's paying for the repairs, and thus has a vested interest in doing them cheaply, to manage that process.

I'll be hoping to get "diminished value" from them of 10% of boat value (my guess is value is around $17k) - now that it's been in an accident, it is worth less than the same boat that hasn't been damaged.

I'll push for loss of use as well - we'll see.

And I'll be nice until they've proven that nice doesn't work - hoping that point doesn't come.

Your boat will not be worth less then it was before the accident unless the repairs are more then certain amount of the value and if that happens it will be totalled anyways. Meaning if it is just repaired you do not have to disclose that in a sale. Meaning it was as if it never happened.

Repaired boats are nothing, Hell you won't be able to see it if a good shop does the work. I do body work and been doing it for 15 years, a repaired boat is probably stronger then it was from factory, your boat is cast in a mold when built, the repair will be using hand laid fiberglass and resin and new gelcoat.
 

QC

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

I am still not sure that I am getting this . . . as far as I know there is no damage that extends past scratches with the exception of the swim platform which is removable and the trailer which is a parts job too. I don't think there is even any glass work, just gelcoat and replacing the platform. I'm thinking half the guys in the restore section could do a good job . . . The trailer is a winch stand, winch (maybe) and bow stop (maybe).

And it looks like the back edge of the OP's Anti-ventilation plate had it's way with the other boat. Still feels like a quick repair and have a great summer!!
 

spudshaft

Petty Officer 2nd Class
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Jan 18, 2009
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Re: Boat Crushed by Storage Facility's Forklift!!! Help!

To echo someone above, if you are in any way eligible, go with USAA. We've been on the right and wrong side of accidents and they have been great. An enormous 2 thumbs up from me.
 

BRFlies

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Messages
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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!":cool:

I read these posting and simply had to join in: We have a beautiful, well maintained pontoon boat kept in a dry storage facility on So. Padre Is. TX. For years the forklift operators have damaged the right pontoon by hitting it with the long forklift extension. Finally that pontoon began to leak. This facility has a "no liability" clause in their contract and require a customer to have insurance. OK, NP. I contacted my insurance co., as usual they reacted immediately, I was paid to repair the damages. However, I informed the ins adjuster--with photos--that the forklifts extension tips wer worn and unprotected per the OEM. Thus metal to metal on my pontoon. Moreover, the facility does not have any documentation of training and certification of forklift operators which is required by law in TX. Now the subrogation unit of my ins co is after the facity to collect. While a "no liability" clause is typical, failure to certify forklift operators and maintain the forklifts properly is another thing and they ARE liable there.
 

BF

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

this thread is 2 1/2 years old
 

bruceb58

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

Don't post to old threads.
 

guy48065

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

I learned something from the bump.

Actually I'm a big believer in using the Search button and sometimes that does lead to a follow-up question or comment...
 

LippCJ7

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

I learned something from the bump.

Actually I'm a big believer in using the Search button and sometimes that does lead to a follow-up question or comment...

Then post a new thread, posting to threads in the archives is against Forum rules and bad Forum Etiquette, besides wouldn't you like to hear from current members on the board rather then possibly former members?

Simple rule the archives are for review, if you have input/questions then simply start a new thread, the archived thread can be linked for reference without issue.
 

theBrownskull

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

Insurance agent is what I would do. You could contact an attorney as well but the outcome is never known. As for the Police, it depends on the department and the state, but most will declare it a CIVIL situation and not CRIMINAL....unless you can prove intent.
 

Quit It

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

Then post a new thread, posting to threads in the archives is against Forum rules and bad Forum Etiquette, besides wouldn't you like to hear from current members on the board rather then possibly former members?

Simple rule the archives are for review, if you have input/questions then simply start a new thread, the archived thread can be linked for reference without issue.
What archives are you referring to? Is it designated somewhere? This bad etiquette rule, why is that? Why, if the question and original thread are pertinent, wouldn't it be better to continue a thread/thought instead of starting a new thread each and every time someone wants to ask something that pertains to the OT?

For example, I searched and found a thread about Continental trailers that's a year old. I posted to the thread and asked what people thought about them. It's a year old thread, what's the harm in using it? If it was 5 years old, ok, you have a point. But, otherwise I don't get it.

Starting thousands of new threads dilutes the information.

Edit: It is intended to keep technical threads from being confused by the inevitable "hey my carb did that, and it was the flanglerod." when the thread is four years old and the OP had a Merc OB, and the newbie has an I/O. We have to pick some time frame. A Continental tire thread may be a little more generic, but we do ask for member help in suggesting newbies start a new thread for specific technical issues. If you want to know more about it our policies are up there ^^^^^^^ QC :)
 

QC

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

The last three posts are a good example of why we frown on posting to older threads. No one can tell who theBrownskull is replying to, and guy48065 is just noting that he learned something, not looking for a reply, so has nothing to post a new thread about. There are threads like restorations etc that beg for long term replies, and even reawakening by the OP, but this one seems pretty clearly dedicated to this particular OP's issue.

Thanks all. Let's let it die.
 

Quit It

Petty Officer 1st Class
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Re: Boat Crushed by Storage Facility's Forklift!!! Help!

FWIW, I don't think this bumping was productive or pertinent. I think the poster just wanted to post(complain about) his experience.
 
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