Theft from boat while at repair shop?

[R055]

I doubt that. There is at least some proof that it was there as in phone calls, paperwork, something.

I have never been to small claims court but I doubt they would favor the OP unless he took pictures at the shop or if the shop admits the things were stolen while they were in possession of the boat.

But even on judge Judy or any of those other TV shows they always require some kind of proof or the other person admitting they did it to win.

He at the moment had zero evidence that he didn't strip is boat or that it was stripped whike at the shop.

 

[WIMUSKY]

Yeah, the shop can deny everything, except that it was there at one point. I think it would be a weak case for the OP.... I watch those court shows...Lol

 

[MASTER Brian]

I've spoken with the owner, she's willing to take responsibility for the stolen items, but not the damage to the furniture, so I'll likely just file the claim with insurance. Too many variables if I don't. This really shouldn't raise my rates as it's a comp claim and they will go after her, probably somewhat successfully, I might add. Worse case, I'm out $250 deductible, if they re-coop the loss I'll get that back. Though I realize the interior is 26 years old and there was wear/tear, it wasn't in need of replacement yet. With hatches and seats being left open, the wood is now in way worse condition and no reputable upholstery shop will want to patch this together.

She said give her a $$$ figure, but I'm worried if I do that, I limit the chances of myself or the insurance company having much recourse if the values change. Any lawyers have an input on this?

Boats worth about $5k-$6k. I have a stated value policy of $5500 + additional coverage for things such as trailer, personal affects, unattached equipment, etc. I figure we're talking about close to $3k-$4k in damages depending how they price the furniture damage and trolling motor.

Things I'm curious about is cost to rig a new trolling motor, cost to rig a new console and what it might cost to redo the LED lights, which had controls stolen. I probably paid about $50-100 for the lights and channel I installed them in, not sure if I can re-use all of that or if I'll have to go a complete new setup. An upholstery shop quoted about $3k just for vinyl for furniture...my guess is they were quoting the entire interior. I'm fully aware I can buy all new furniture for about $1500-2000.

 

[MASTER Brian]

Well, here is where I am. Boat itself is insured for $5500, that doesn't include trailer, unattached equipment, personal equipment, etc. I'm still working on numbers, etc, but adjust thinks it will be total loss, in which case he'll figure salvage value and let me buy back minus that and $250 ded. That said I've had quote on interior, but the guy sent it over as $3200 for all new vinyl, didn't figure work rebuilding the wood framing of the actually damaged seats. While all seats are worse for the wear as they are all weather cracking now due to the time frame of sitting in the elements without protection, I can't stick that on the insurance company, but the console is pretty much toast and at least two seats will need rebuilt due to being left open and having vinyl ripped from one. Another seat needs a new cushion. I guess it comes down to it's cheaper to replace the entire interior with new seats than to repair what I had. New interior is about $2200 then add in cost of gutting old console and re-rigging a new one. I can actually add $499 to the cost of one console to get all new guages and wired for fuses, etc...I'm guessing that might be cheaper in long run vs paying shop $90 an hour to gut old gauges and drill and install on new console.

The other thing he said was see if the owner will cover the cost of stolen items and then he doesn't have to write that check and can possibly get me more for the rest. His guess is $1500 for the trolling motor to be bought and mounted. Then my only question is the LED lighting, have to figure out how to charge for that, since it had parts stolen. The kits about $150 per side, that doesn't include the labor.

 

[Newbie@boats]

How long was the vinyl exposed? I think it's a bit odd that it's cracking that fast? Boats sit out side for years uncovered and the seats don't get cracked......I would know I bought a boat that was untouched for 18 years....and the seats are fine

 

[airdvr1227]

Aside from the upholstery why not require the owner to fix it back to the way it was? They certainly have the labor to install all of it. And tell them you want it kept inside at night while it's being worked on No dollar amount needed then.

 

[MASTER Brian]

Aside from the upholstery why not require the owner to fix it back to the way it was? They certainly have the labor to install all of it. And tell them you want it kept inside at night while it's being worked on No dollar amount needed then.

They had it a year to fix what they say was carb adjustment....would you take it back for the rest?

 

[bajaunderground]

I would've never left a boat anywhere for anything longer than a month or so (depending circumstance)...1 year is almost abandonment and I believe grounds for charging you storage fees should you get persnickety!

All in all, make the claim and forget about the shop...anything they can/willing to give to you, then take it and claim it to your insurance (otherwise it could be construed as betterment, which equates to insurance fraud.)

This is still a free country and as long as what you state about the marina/shop what your opinions are about them it could not be called libel nor defamation...your opinion is your opinion. Just be concise and factual with what you state.

Good Luck I hope the outcome ends where you'd want?!

 

[MASTER Brian]

I would've never left a boat anywhere for anything longer than a month or so (depending circumstance)...1 year is almost abandonment and I believe grounds for charging you storage fees should you get persnickety!

All in all, make the claim and forget about the shop...anything they can/willing to give to you, then take it and claim it to your insurance (otherwise it could be construed as betterment, which equates to insurance fraud.)

This is still a free country and as long as what you state about the marina/shop what your opinions are about them it could not be called libel nor defamation...your opinion is your opinion. Just be concise and factual with what you state.

Good Luck I hope the outcome ends where you'd want?!

Every shop I've dealt with is almost 4-6 weeks out, but they want boat delivered prior to them being caught up. I called and checked on progress regularly, they wouldn't return calls, but they always said we THINK we found the problem, but need to lake test UNLESS I wanted to pick it up and lake test myself. Um, it's in the shop because it stranded me and I didn't want stranded again, I told them to lake test it. Story I got when I finally picked it up is it's been ready for two months, I've called multiple times over that span and was never told anything. They said we couldn't get on ramp because owners of the private lake are fighting. Not abandonment, that's them not being upfront sand just saying hey, we think it's fixed but can't get on lake.

As for liable or slander I don't recall ever mentioning their name unless a friend or shop asked where it was. Shops never got full story just that robbed from and damage done.

As far as betterment, that's my only issue personally with filing the claim, I know I'll come out ahead on this because it's cost prohibitive to repair the interior damage to as was condition, cheaper to go new, but it's a started value policy so it is what it is and boat is insured to a value comparable to other similar boats.

Today I plan to email the adjuster the pictures and estimates I have, I guess I'll know soon enough. Ready to move on....

 

[airdvr1227]

They had it a year to fix what they say was carb adjustment....would you take it back for the rest?

I missed that part. One could re-phrase that as "You left it with them for a year." No way any vehicle of mine is going to be left in any shop for a year. I'm beginning to see the whole picture now.

Not saying it's OK but your boat became just another boat left at the repair shop where the boat owner had no intention of coming to retrieve. After a period of time people started to cannabilize parts. Again, not saying it's right.

 

[s.hadley81]

I have to agree, with it being there a year that's a bit different I would think as airdvr said that things got taken a little at a time not in one shot as people probably figured it was abandoned but not saying that's right. I wouldnt tell the insurance company that it was there for a year with all the stuff they hide in the fine print they may be able to get outta coverage somehow, you know they look for any reason to get outta paying ( hopefully not).No offense but you have a great deal of patience, hell I get mad when my Amazon prime package isn't there on day 2 let alone going a year. Best of luck I hope it works out for ya that's a tough situation .

 

[Old Ironmaker]

If anyone left their anything at my place of business for a year I would consider it abandoned too but you did say you called and they gave you the run around, but for year! No wonder things are missing on the boat. And there is no way my car, boat, bike or anything is going to be sitting in someone's shop for a year without me going to check on it myself. Do you think you have any responsibility in the fiasco? If that boat was exposed to the elements for a year I think you have more problems than some ruined interior. Did the water stop at the seats or did it maybe get below? Mice eating wiring? Anyone winterize that engine if it was north of the Mason Dixon? You realize the owner most likely has to lease the property, that space costs money.

I don't know about this one. You seem to be concerned over a 26 year old trolling motor that you have no idea what the thrust was. I can tell you the value of it when it was stolen, 25 bucks from a garage sale, maybe. I dunno about this one. Judge Judy would have a good time with this case, call the producers and get a few free nights in L.A.

 

[MASTER Brian]

All I have to say is case closed, it's being taken care of. No Judge Judy and no small claims court, there are other ways to solve things vs suing everyone. I can't say for certain that it wasn't messed with a few times, but from what I can tell and the fact that it wasn't a huge amount of things being taken, if I were willing to bet on it, my guess is it happened in one, maybe two nights. I don't think the shop picked parts, I think someone probably jumped a fence and took what they could. Most of the $$$ worth of damage came to the furniture, with the exception of the trolling motor for insurance purposes as my policy covers replacement cost, not ACV.

Was the motor winterized? Your guess is as good as mine, but all that had to be done was tilt it down....I'm hoping that was done. The shop uses their own gas when they work on motors, so besides dumping my tank, I'm good there. I'll pressure test the lower unit it as soon as I find an evening to mess with it. I've been leaving it alone until the insurance claim was final. The trolling motor isn't a huge deal to me and I may not replace it, but I need to know approx what was there for insurance. As for not knowing the size of trolling motor....I never used it to be honest, but it was part of the boat and nice to have if the motor ever went down. Unfortunately the one time it did, the battery died as well.I also want to be fully compensated for it's worth and it's not $25....recheck craigslist. Used are about $225, new (think Insurance Replacement Cost and we are talking closer to $600+).

As for accepting responsibility, that's a tough one for me. I'm no more responsible for my boat being messed with while at a shop than I am if my house were broken into and robbed because I went on vacation or left for the evening or a girl getting that gets raped because she was wearing a pretty dress. Could I have taken steps to lessen the risk, I suppose, but again, I had faith that the shop I've used for nearly 25yrs would take care of my stuff. I was kind of in a pickle, like has been mentioned elsewhere it isn't always easy to find a shop to work on a 20+ year old boat and like I said I didn't want to get stranded and have to get towed in, then find another shop to fix and have it sit there. Patience isn't exactly, a virtue of mine, but it's something I'm trying to work on.

At the end of the day, hindsight is always 20/20. I hate filing a claim against my insurance, but at the end of the day, that's why I have it and why I pay for it. One hopes the bad people leave them alone, but that doesn't always happen. I may not have slept in my boat at night while it sat at the shop, but I took steps to protect myself financially if anything happened to it!!

 

[muskyfins]

This is why i do as much as possible myself. I feel for you man. I get it. I've been there....."we'll get it done by next Friday" "oh emergency came up and we couldn't get to it, give me another week" "parts didn't come in" "parts came in wrong" "that didn't fix it, we need to continue checking it", etc, etc. What I've learned is not to let it get anywhere near that point. They get one chance. ONE. Maybe I end up screwing a shop by not giving them enough time, but I have to look out for ME, not them. Be fair. Be honest. But be firm.

As far as your patience, you're a better man than me.

As far as "other ways to solve things"....it would have cost me $250 and a night in jail. So good for you by letting cooler heads prevail.

Good to hear you've made peace with it.

 

[WIMUSKY]

This is why i do as much as possible myself. I feel for you man. I get it. I've been there....."we'll get it done by next Friday" "oh emergency came up and we couldn't get to it, give me another week" "parts didn't come in" "parts came in wrong" "that didn't fix it, we need to continue checking it", etc, etc. What I've learned is not to let it get anywhere near that point. They get one chance. ONE. Maybe I end up screwing a shop by not giving them enough time, but I have to look out for ME, not them. Be fair. Be honest. But be firm.

As far as your patience, you're a better man than me.

As far as "other ways to solve things"....it would have cost me $250 and a night in jail. So good for you by letting cooler heads prevail.

Good to hear you've made peace with it.

What he said.....