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Supanthony

Junior Member
What is the name of your state (only U.S. law)? I am in Florida, Transaction happened in New York.

I purchased a boat out of state, in NY. The seller was going to deliver the boat, but during delivery the boat was crashed. The seller is now waiting for an insurance check to then pay me back because I no longer want the crashed boat, and want the money I paid back. There was no police report, but the seller claims that the insurance company is taking over 6 months now to issue the correct amount check. When I request insurance information the seller keeps promising claim number and adjuster but still has not provided that. The seller wants to pay me back in a payment plan, but I am afraid of what this may open me up to. Can the seller decide not to pay? Will making a payment agreement put me at a dis advantage? How can I protect myself and get all my money back? Should I get the police involved?

I can prove wire transfers, communication, and a rough bill of sale.
 


Zigner

Senior Member, Non-Attorney
It sounds to me like the problem may be that he no longer owned the boat. What has your insurance said about this matter?
 

Supanthony

Junior Member
Whomever the titled owner of the boat was, or the transporter are the places to look for insurance.
Transporter has gone cold and unresponsive, in my opinion probably not insured for cargo transport. The seller is still on the title of the boat & chasing insurance payout.
 

Supanthony

Junior Member
It sounds to me like the problem may be that he no longer owned the boat. What has your insurance said about this matter?
His insurance issued a check which wasn't "enough" and he is fighting for better check. He is still the titled owner.
 

single317dad

Senior Member
Your goal here is to be made whole. When you've been damaged and the responsible party hasn't compensated you voluntarily, you need to sue them. In this case, there are two possibilities: either a) whomever transported the boat is responsible for either delivering your boat to you, or compensating you for their failure in some manner pursuant to a contract and/or statutes, or b) the seller's agreement directly with you was for a delivered boat, therefore he's responsible for fulfilling that promise. Whether someone's insurance is willing to pay is of little consequence to you; their insurance company is not indebted to you at any rate, and your recourse is against the liable party.

I'd start by suggesting the seller refund your money and pursue the insurance settlement on his own time, and see where that got me.
 

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