transom and motor ripped off of pontoon

[pontoon_in_rocks]

So i am not a boater. I have been a passenger many times, driven a couple. We rented a pontoon this past weekend and on the way back i went about 5 feet out of the channel so i wouldn't swamp a sailboat and I ran into rocks. The collision managed to pull the transom of the bottom. I was going about 14mph at the time. Does this sound right? The rental company wants me to pay for a whole new motor and transom repair (since the motor laying in the saltwater). I know i am responsible for some damages since it was my fault for hitting the rocks (i should have just slowed down and gone by them but hindsight is 20/20), but i don't know about a whole brand new engine (the existing one was a '99), especially if the transom wasn't properly attached. But like I said in the beginning, I don't know too much about boats, it just feels weird.

Any suggestions are appreciated.

Thank you

 

[SierraMark]

Re: transom and motor ripped off of pontoon

What does your rental agreement state about damages to the boat?

I know that salt water immersion of a motor is a major problem...I think it depends on how long the motor is under water. I don't know if the cost to repair the motor would be must less that replacing it.

-Mark

 

[Scott Danforth]

Re: transom and motor ripped off of pontoon

i believe unless you opted for additional rental insurance, your liable for the damages, and in this case, transom repair and an engine.

 

[lncoop]

Re: transom and motor ripped off of pontoon

Ouch! Takes quite a bit to rip the motor pod off a pontoon boat. I'd be curious to know what kind of shape all the weld joints and bolts were in, but at this point that's immaterial. I agree that a replacement motor could possibly be around the same cost of what would be required to rehab that one, and you're clearly responsible for damages, which you don't seem to be disputing, but it hardly seems fair to expect you to foot the entire bill for replacing a thirteen year old motor with a brand new one. What about depreciation? I know what my adjuster would say if I destroyed my 2001 Merc and filed a claim. I don't know. This one's a toughie. The first thing you need to do is take a very close look at your rental agreement.

 

[MH Hawker]

Re: transom and motor ripped off of pontoon

Some thing sounds real suspicious to me. Their is no way that should of happened, when a outboard is in forward gear it is supposed be unlocked so it can ride up and over objects. I have had that happen many many times. In reverse yes it is locked so it can pull the boat backwards or the motor would just pop up and out of the water, but not in forward. The only way it could be in the locked position in foward gear is if it was set like that by a mechanic or improperly set when work was done on the motor. Now it may of killed the prop or done some LU damage but their should of been no way it should of caused that sort of damage. Especially at low speed..... Just my thoughts. and ripping off a transom at 14 mph, I find that real suspicious. If a motor is in the locked position in foward gear their would be hundreds of ripped off transoms ever day. Sounds to me like the rental co set it like that to have some one pay for a new motor.

 

[Silvertip]

Re: transom and motor ripped off of pontoon

An inspection of the motor pan is in order. To tear that off, the bolts securing it to frame of the pontoon would have torn the holes open. If there is even one bolt hole that is NOT torn, that says that bolt and possibly others were missing when you left. If there are six bolts for example and even one was missting, strength was diminished significantly. I also agree on the tilt lock issue.

 

[Old Screwball]

Re: transom and motor ripped off of pontoon

WOW, are you screwed!!! Friend of mine had an 'accident' with a rental Jet Ski. The rental store just kept showing him page 14 of his rental agreement. Guess you have to weigh the cost of the repairs to the price of a good lawyer. I agree about the motor, hit Craig's list or the re-cycler for a used 1999 engine of the same size, courts won't give them a brand new one. Welding up the transom shouldn't cost that much either.
'

 

[TheKs]

Re: transom and motor ripped off of pontoon

Wow, that sucks & accidents do happen. :facepalm: My suggestion is that you seek to complete a boater safety certification ASAP if you plan on piloting a boat again anytime soon. Your fellow boaters will appreciate it.

 

[Jeep Man]

Re: transom and motor ripped off of pontoon

Right there is why you don't buy a used boat from a rental outfit.

 

[lncoop]

Re: transom and motor ripped off of pontoon

Right there is why you don't buy a used boat from a rental outfit.

LOL. That's generally good advice. My current rig was a rental in her previous life, and she was beat on pretty badly, but so far she's held up fine. In my mind the price justified the risk I was taking, but it could have gone badly for me for sure.

 

[Jlawsen]

Re: transom and motor ripped off of pontoon

All things considered, there are some good points here. If you refuse to pay as per the demand you can be sued. If you feel the demand is unreasonable then you should explore that option. If you can come to terms through arbitration that would be a better route but nonetheless you need to do whatever you do via a legal venue. It's sad to say but in this day and age, this could come back to haunt you if you don't wrap everything up in a legal manner.

I'm suprised they're not charging you for lost income while the toon is in an unrentable condition due to your negligence.

 

[pontoon_in_rocks]

Re: transom and motor ripped off of pontoon

Thank you everyone for your replies. I had subscribed to get email updates to this and it just now said i had one reply. Anyways, yeah, i am not disputing i owe something. So is it a concensus here that if the transom was properly installed then this shouldn't have happend, and all that should have been damaged is the prop? Or do you guys think that even with a properly installed transom, this could happen? How mush is a 99 115hp 4 stroke worth?

Thanks again for the advise

 

[pontoon_in_rocks]

Re: transom and motor ripped off of pontoon

All things considered, there are some good points here. If you refuse to pay as per the demand you can be sued. If you feel the demand is unreasonable then you should explore that option. If you can come to terms through arbitration that would be a better route but nonetheless you need to do whatever you do via a legal venue. It's sad to say but in this day and age, this could come back to haunt you if you don't wrap everything up in a legal manner.

I'm suprised they're not charging you for lost income while the toon is in an unrentable condition due to your negligence.

They are charging us for lost revenue (which i am not sure how to prove, can they just ask people to take a different boat?). How do i prove an effort was maid to mitigate damages?

 

[pontoon_in_rocks]

Re: transom and motor ripped off of pontoon

Also, what could they get for the existing motor, whether for parts or rebuilt (not sure how much it would cost to rebuild)

 

[Expidia]

Re: transom and motor ripped off of pontoon

Don't beat yourself up over it. Same thing would have happened if you hit a floating submerged log or other debris. Comes with the joys of boating. Be glad no one drowned or was injured. Since many boat rental outfits won't let you take out a boat without swiping your credit card first . . . You may want to check with your CC company. Some provide you with insurance when using their card (like American Express).
The rental company may have already nailed your credit card for some huge amount too.

Also, when I'm on vacation and rent a boat and driving it in unknown waters or tidal waters I bring along my portable Huminbird unit. It's like less than $150. Has a suction cup transducer you stick on the side of any boat. Runs on like 8 AA batteries.

I'd also pay for the services of a local boat inspector (like if you were buying a used boat you have them check it out for you). Like another poster has said, that OB should have popped up at least saving the transom. Something fishy there?
An inspector can give you a written assessment of the condition of that transom and the way it was mounted. He can also tell you what that 99 outboard is worth and when it's a rental it's not worth much. You are going to need documentation from an independent source if you need an attorney and possibly a court settlement.

Do all of this quickly, because you are libel for each entire days loss of use. I'm sure they would just love you to buy them a new outboard for their old rental abused outboard.

 

[lncoop]

Re: transom and motor ripped off of pontoon

Thank you everyone for your replies. I had subscribed to get email updates to this and it just now said i had one reply. Anyways, yeah, i am not disputing i owe something. So is it a concensus here that if the transom was properly installed then this shouldn't have happend, and all that should have been damaged is the prop? Or do you guys think that even with a properly installed transom, this could happen? How mush is a 99 115hp 4 stroke worth?

Thanks again for the advise

No, even assuming everything was in good condition you could have destroyed a lot more than the prop, but I'm still scratching my head on the motor pod coming off. Just don't see how that could have happened it if was properly attached. The reality is, there are way too many variables for us to reach any kind of informed consensus, and even if there weren't and we could that wouldn't really help you unfortunately. You've got a difficult decision to make. Since your signature is on a contract you'll probably need legal representation to reach any outcome other than giving them whatever they want. That said, here are some possible next steps, but please remember any advice we give you is worth what you're paying for it.

1. Pin them down on exactly what they think you owe them.
2. Insist on a complete detailed account with pics of the damages. Motor pod ripped off and motor sunk won't cut it.
3. Pore over your rental agreement very carefully with a specific eye for any language that could be interpreted to mean you're required to replace equipment without regard for depreciation and wear.
4. Talk to someone at an established marine dealership that sells pontoon boats and ask them whether the scenario you've provided is possible, and if so under what circumstances?
5. Call your insurance agent. It's extremely unlikely, but maybe your homeowner's has some sort of provision for something like this. Doesn't cost anything to ask.

The reason for doing all this is to determine whether it will be worth it to retain counsel, which you'll surely need to do if you're to have any hope of negotiating with them.

 

[lncoop]

Re: transom and motor ripped off of pontoon

Don't beat yourself up over it. Same thing would have happened if you hit a floating submerged log or other debris. Comes with the joys of boating. Be glad no one drowned or was injured. Since many boat rental outfits won't let you take out a boat without swiping your credit card first . . . You may want to check with your CC company. Some provide you with insurance when using their card (like American Express).
The rental company may have already nailed your credit card for some huge amount too.

Also, when I'm on vacation and rent a boat and driving it in unknown waters or tidal waters I bring along my portable Huminbird unit. It's like less than $150. Has a suction cup transducer you stick on the side of any boat. Runs on like 8 AA batteries.

I'd also pay for the services of a local boat inspector (like if you were buying a used boat you have them check it out for you). Like another poster has said, that OB should have popped up at least saving the transom. Something fishy there?
An inspector can give you a written assessment of the condition of that transom and the way it was mounted. He can also tell you what that 99 outboard is worth and when it's a rental it's not worth much. You are going to need documentation from an independent source if you need an attorney and possibly a court settlement.

Do all of this quicklyly, because you are libel for each days loss of use. I'm sure they would just love you to buy them a new outboard for their old rental abused outboard.

+1. If you hire an inspector that ups the ante and places an element of burden of proof on them. If they don't allow it be sure to document their refusal. I really do think you have a legitimate shot at getting the damage costs down to a reasonable level, but the question is will it be worth it?

 

[oldjeep]

Re: transom and motor ripped off of pontoon

I'm still scratching my head on the motor pod coming off. Just don't see how that could have happened it if was properly attached.

I find it very easy to believe - take a look under that suntracker of yours and see how easy it looks to tear that thing off. That was the one thing I noticed when we bought my dads is how thin the metal is on the cross beams and how small the washers are.

 

[treker]

Re: transom and motor ripped off of pontoon

5. Call your insurance agent. It's extremely unlikely, but maybe your homeowner's has some sort of provision for something like this. Doesn't cost anything to ask

As Incoop said check with them, I found out after the fact that my homeowners would have paid for the damages caused by my daughter when there was a fire at the college apartment. But had already paid out the 9K, and really didn't want a claim on my insurance. But getting back to your problem, do you know how deep the water was where you ran into the rocks( 5 feet out of channel isn't far), was this an obstruction that should have been marked? Did you opt out of the insurance that is somtimes provided when you rent? I think that the rental agency is entitled to have the pontoon repaired but not with a new motor, that motor has been in service 13 years, depreciation has to come into play. If they haven't had to do any major work that motor was paid for sometime back. Oh by the way welcome, I think we may have to pull your Cadet rating though

 

[lncoop]

Re: transom and motor ripped off of pontoon

I find it very easy to believe - take a look under that suntracker of yours and see how easy it looks to tear that thing off. That was the one thing I noticed when we bought my dads is how thin the metal is on the cross beams and how small the washers are.

That hurts my feelins. I won't tell the old girl you said that.