Progressive Ins. won't pay for damage, need help

Progressive Ins. won't pay for damage, need help

Post by Din » Wed, 13 Feb 2002 11:46:50


I hit a rock not to long ago which took off both Alpha One lower units
snapping both verticle drive shafts on my 30 ft Searay. Progressive
Ins. now wants to canabilize one unit to fix the other weld new skegs
and replace the bottom half of the first. They will not replace the
engine couplings which the marina says is essential nor will they pay
for rebuilt lower units. The marina will do the work this way but not
warrent it and says it is "half ass'  do I have any recourse on this ?
any help appreciated....  Dino
 
 
 

Progressive Ins. won't pay for damage, need help

Post by Craig Kossowsk » Thu, 14 Feb 2002 03:37:25

Quote:

> I hit a rock not to long ago which took off both Alpha One lower units
> snapping both verticle drive shafts on my 30 ft Searay. Progressive

ouch

Quote:
> Ins. now wants to canabilize one unit to fix the other weld new skegs
> and replace the bottom half of the first. They will not replace the
> engine couplings which the marina says is essential nor will they pay
> for rebuilt lower units. The marina will do the work this way but not
> warrent it and says it is "half ass'  do I have any recourse on this ?
> any help appreciated....  Dino

Get the statement of it being unsuitable, especially the part about it
being ineligible for warrentee, in writing from your marina.  Get a
similar statement in writing from another reputable yard.  Then make sure
you're on good ground with your policy... read the fine print as to what
you are covered for (especially as regards fault, since with a grounding
hard enough to do what you describe, fault will come into the picture).  
If it looks good, registered mail your clear objection to their terms,
based on the two attached opinions.  Include an estimate from both places
for doing it right.  Insist that the repairs be executed properly
'according to the terms of your contract'.  Stress safety of the repair
(injury liability claims being vastly more expensive than property
claims), and your desire to avoid future claims based on inadequate
repairs.  These people are not experts in sterndrives, and will generally
yield to expert opinion, given the chance.

If this doesn't work, a lawyer is your next likely step, so keep details
copies and records of your conversations and correspondence.  Don't
threaten legal action directly.  It's more effective not to at first and
if you're still having difficulty, allude to it, making it appear to be
your choice of last recourse (which it should be), with something like
"Pursuant to your inability to resume my claim to my satisfaction of a
safe repair, I will be contacting professional advice for how to proceed,
and will be in contact with you again shortly, Thank you."... Always be
polite and professional, no matter how angry you are.  Never let on your
aren't prepared to go the distance.  In most places small claims court
will cost you far less than it will cost them (that said, a large claim
like this may well be above the cap for small claims).

Consider, given the large cost of the repairs, retaining a laywer at this
stage, but don't turn the dogs loose until you've exhausted more civilized
means... use the lawyer for advice only and watch the costs.  Be aware
that should they agree to doing the repairs as you wish outside of
litigation, you will probably be unable to sue for these costs.  The
lawyers best interests are not necessarily yours, so be cautious.  Many
disputes like this can be resolved without litigation, though sometimes by
making it clear that they will lose if it goes to litigation, so don't
hold back your ammunition till court, show it them (without threatening
them with it) up front.

Disclaimer:  I'm not a laywer, this is just my opinion on how I'd go about
it if I were in your described position.  Take with salt.

Craig K.

 
 
 

Progressive Ins. won't pay for damage, need help

Post by sta » Thu, 14 Feb 2002 06:14:27

Follow the steps below in order, if one dosen't work - move to the
next step.  Read and understand your insurance policy.

Step 1
Contact the engine manufacturer, describe the repairs and get their
opinion.  If they agree with the repair shop, ask for a statement or
record the phone conversation.

Step 2
If your adjuster continues to refuse, talk to their manager, and keep
moving up.  Bug them lots.  Ask them where in your policy does
it state you must settle for inferier replacements.

Step 3
Threaten the Ins. company you will contact the BBB and your State
department of Insurance.  Mention "Terms of bad faith."

Step 4
Contact the BBB and State department of Insurance.

Step 5
Contact a lawyer.

Quote:

> I hit a rock not to long ago which took off both Alpha One lower units
> snapping both verticle drive shafts on my 30 ft Searay. Progressive
> Ins. now wants to canabilize one unit to fix the other weld new skegs
> and replace the bottom half of the first. They will not replace the
> engine couplings which the marina says is essential nor will they pay
> for rebuilt lower units. The marina will do the work this way but not
> warrent it and says it is "half ass'  do I have any recourse on this ?
> any help appreciated....  Dino


 
 
 

Progressive Ins. won't pay for damage, need help

Post by HLAviati » Thu, 14 Feb 2002 14:56:17

Quote:
>I hit a rock not to long ago which took off both Alpha One lower units
>snapping both verticle drive shafts on my 30 ft Searay. Progressive
>Ins. now wants to canabilize one unit to fix the other weld new skegs
>and replace the bottom half of the first. They will not replace the
>engine couplings which the marina says is essential nor will they pay
>for rebuilt lower units. The marina will do the work this way but not
>warrent it and says it is "half ass'  do I have any recourse on this ?
>any help appreciated....  Dino

You really don't have a bunch of recourse.  They are not denying the claim,
they are handling the claim as they see fit, repairing what they decide and
replacing what they decide.  Read your policy, it's their perogative.  Now you
just let them fix it as they plan.  Collect the letters from the mechanics on
which parts are still bad and keep them.  Might get another letter or two while
you'tr at it before it gets repaired.  Then when the parts later go bad you can
come after them.  It's a screwed deal I know, but you made 2 critical errors
here.  First you hit the rocks at speed and tore the lower units off, second
you got your insurance from the lowest bidder.
http://hometown.aol.com/hlaviation/
 
 
 

Progressive Ins. won't pay for damage, need help

Post by MAT » Thu, 14 Feb 2002 21:49:14


says...

Quote:

>>I hit a rock not to long ago which took off both Alpha One lower units
>>snapping both verticle drive shafts on my 30 ft Searay. Progressive
>>Ins. now wants to canabilize one unit to fix the other weld new skegs
>>and replace the bottom half of the first. They will not replace the
>>engine couplings which the marina says is essential nor will they pay
>>for rebuilt lower units. The marina will do the work this way but not
>>warrent it and says it is "half ass'  do I have any recourse on this ?
>>any help appreciated....  Dino

>You really don't have a bunch of recourse.  They are not denying the claim,
>they are handling the claim as they see fit, repairing what they decide and
>replacing what they decide.  Read your policy, it's their perogative.  Now
you
>just let them fix it as they plan.  Collect the letters from the mechanics on
>which parts are still bad and keep them.  Might get another letter or two
while
>you'tr at it before it gets repaired.  Then when the parts later go bad you
can
>come after them.  It's a screwed deal I know, but you made 2 critical errors
>here.  First you hit the rocks at speed and tore the lower units off, second
>you got your insurance from the lowest bidder.
>http://hometown.aol.com/hlaviation/

Insurance owes the least of 2 options - repair or replace. the second issue is
they do not owe a warrantee unless you had a warrantee before the loss. If
after the repair the boat is of less value you will have a case against the
Ins Co as they must bring you back to prior condition. I suggest 3 options-
Hire a Public adjuster who will take a % of the settlement from you or allow
the repair and see if the value is less and prove it in court or allow the
repair and stay away from the rocks.

In the Insurance world He who screams loudest wins

Matt