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Advice needed on reimbursment claim for totaled boat trailer

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mrfisher3043

New member
So here's the situation:
I live in GA and couple months ago was rear-ended while towing my 2014 18.5ft fiberglass boat & trailer. Other driver was found to be at-fault, he even admitted on the police report that he was looking at his phone which caused the accident. Two cars were totaled including his, my boat has had a/b $17k in fiberglass and mechanical damage repairs done, which his insurance has fully reimbursed me for.

My trailer however, which comes custom made from the factory for my specific boat model/yr, is damaged beyond safe repair, and needs to be replaced. My boat doesn't sit evenly on it and the framing is bent in multiple sections of the trailer. The one shop that would even touch the trailer could only do a minor weld job as a temporary fix to get it a short distance.

My boat/trailer manufacturer doesn't make this model/yr trailer (or boat) anymore, nor is this trailer for sale anywhere new or used.

After speaking with multiple 3rd party boat/trailer repair shops, they all highly suggested I get a custom-made trailer or at minimum a semi-custom trailer that has adjustable bunks/winchpost stand so that my boat sits properly on it. In my initial attempt to explain this to the at-fault party's insurance adjuster he didn't budge.

The adjuster instead found a bare bones "universal fit" style non-adjustable trailer online from a local marine trailer shop for $3,500 and the adjuster offered to reimburse me that value only. This $3.5k trailer has none of these main features as my current one including: 1)custom made or adjustable to fit for my hull, 2) painted black w/ powder coat finish, 3)swing tongue, 4)welded in steps on the tongue.

I just s/w that same local shop and they (like the others) also highly advised I go w/ a custom or atleast semi-custom trailer, as a universal style trailer will not properly fit my boat anywhere close to like my current one does, and presents potential safety and/or hull damage risk down the road, especially since I tow it long distances on hilly roads.

So I had the local shop send me an estimate for a proper fitting semi-custom made trailer that almost exactly mirrors the same specs/features as my curren trailer. It came to $8,000 total (including $600 tax).

$8k is the lowest cost I could find for either a custom or semi custom trailer with the same 4 basic features that my current trailer has as mentioned above. I got quoted as high as $13k from another company for a fully custom made trailer.

Do any folks here have any advice/suggestions on how I should present this argument to the adjuster for the $8k replacement value I'm seeking?
If the adjuster pushes back on the $8k, any advice on next steps I should take?


Additional note: I purchased the boat/trailer in spring 2024 for $21k and I added a/b $6k worth of upgraded components to the boat

Any feedback would be greatly appreciated before I contact the adjuster a/b the 8k estimate.
Thank you!
 
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adjusterjack

Senior Member
I'm sure I answered this already.

Did you post the same question on another site?

If yes, go ye there and read my response.
 

adjusterjack

Senior Member
Found it on another site. Here's my response.

It's possible that the $3500 is the Actual Cash Value (ACV) of the trailer. In negligence law the negligence party is only liable to restore you to the position you were in before the accident. Unless you bought the trailer shortly before the accident, it gets depreciated just like a car does.

You explain it to the adjuster just like you've explained it here but you also provide appropriate documentation in the form of a written report from the dealer explaining that the recommended replacement is like kind and quality to your trailer. Photos and schematics would help.

Make sure the person writing the report is willing and able to go to court to testify as an expert if necessary.

If the adjuster still won't budge you have two choices.

File suit against the negligent driver in small claims court (Magistrate Court in Georgia where the limit is $15,000). Keep in mind that you would still have the ACV issue when you win. You might only be awarded the depreciated value of another trailer.

Or use your own boat insurance to replace the trailer. If I remember correctly, boat policies are typically written to cover both the boat and the trailer. Check your insurance to make sure. If you have Replacement Cost on the trailer your own company would be contractually obligated to pay for a new one of like kind and quality, without depreciation.

The earlier post from October appeared on at least 3 sites.
 
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