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Old 07-10-2008, 12:23 PM
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Join Date: Jul 2008
Posts: 1

boating accident


What is the name of your state (only U.S. law)? New York

Hello everyone. I'm in a bit of a jam right now. This is regarding a boating accident we had last week. Recently, I changed insurance companies, and the new policy was to take effect on 7/1/08. However, on 6/29/08, I went to make some changes to the policy, i.e. lower my deductible. I had not paid any premium yet as they were going to send me a revised bill. As a part of the new insurance, a survey was done on the boat and it was recommended to change a thru hole pipe on the right side of the boat. This was done by my local marina. On 7/4/08, I took the boat out and the clamps around the exhaust pipe came off on the right engine causing water to rush into the boat (almost 1/2 of it was submerged with 16 people onboard). We called towing services, and they put the clamp back on, pumped out the water, and towed it to anotehr marina, where it currently sits out of the water. Anyway, the marina charged me 4 hours labor to fix that thru hole pipe. the exhaust pipe is a very large pipe and definitely needed to be removed, according to other mechanics and the original surveyor, to change the thru hole fitting. in addition, they charged 4 hours labor, which means they replacement must've been an involved procedure. It is suspected that the exhaust clamps were not tightened properly, causing the problem on 7/4. However, now the marina is claiming that there were a dozen reasons why the clamp could've come off. This is an 9 year old boat and we have had no such problem ever until the repairs were done. Our insurance company is refusing to cover us since they thought that when I came on 6/30 to modify the policy, I was dissatisfied and wanted to cancel it. so i have no insurance. the marina said there insurance company has not given them a final answer, but its not looking good. what do you think the next step should be? also, do you think i have a case against the insurance company of the marina?

thanks in advance.
  #2  
Old 07-10-2008, 01:23 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,866
If someone did a shoddy repair, and you can prove it, sue that person and their employer.
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