Total Loss: Trucker Dropped My Boat On US 2

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Pgutierrez's picture
Pgutierrez
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Total Loss: Trucker Dropped My Boat On US 2

Hi, I joined the C36 association about two weeks ago. I purchased hull 1401 a week ago yesterday. On May 14, 2012 I supervised the loading of the new to me, pristine 1995 C36 in Bay City, MI. The truck diver, a nice older fellow, must have risen before dawn and driven 3 hours to arrive at the marina by 8AM. Loading went well. The sun was intense during the 6 hours it took to prepare the boat for land transport to the west coast of Wisconsin. My last words to the driver: you need to clean up, rest and eat before you start the 12 hour drive to Wisconsin. Six hours later he called to tell me he lost control of the truck and the rear straps holding the boat gave way at 50 mph. The boat was still tethered at the bow. My gorgeous 36 was toast. Rudder post bent, hull has road rash on port side by aft locker, swim platform is delaminated from hull, keel hit center pad support, bending the steel 3 X 3 post, buckling the floor joists, keel joint wrecked, 4 inch hole in fiberglass port side a few inches forward of mast. Mast was on port side of truck: road rash on base, furler bent. No one hurt fortunately. The insurance company coroner will give Though insured, early indications from truckers insurance is I will only get paid what I paid the seller, no reimbursement for $2K down payment to trucker, $1K paid to marina for taking down mast, wrapping mast and boom for transport, loading on truck. Can someone recommend a Michigan based lawyer that has experience on land transportation claims. I want to get paid the replacement value of this gorgeous boat. Thanks.

peter g

2000 C36, MK2, Hull. #1897
wonderful, wonderful, wonderful ! ! !.   5 th Catalina

 

 

Steve Frost's picture
Steve Frost
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Posts: 788

Very sorry to here this, I hope you can find someone to help that does not charge more than you receive. You should get full compensation, and I would think a bit of pain and suffering. I bet you spent a fair amount of time finding and purchasing this boat, this too is a loss. Are you working with the transporters insurance or your own company, I would think your hull policy carrier would offer legal help. Good luck.

Cepheus dream
C36 MK I # 825
MK I Tech Editor No Mas

dejavu's picture
dejavu
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Posts: 433

So sorry to hear this news.

RIP 1401 :(

Deja Vu
1991 MK I # 1106
Marina del Rey, CA

Steve Frost's picture
Steve Frost
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Posts: 788

Is there a chance for you to purchase the hulk ( salvage rights) selling the engine, transmission, spars, rigging, winches and other bits may be worth the effort and make up for some of the loss you suffered.

It would be interesting to have an auction here on the forum.

You may just want to move on and settle with the companies involved.

Cepheus dream
C36 MK I # 825
MK I Tech Editor No Mas

ProfDruhot's picture
ProfDruhot
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Joined: 2/8/09
Posts: 354

I am [I]so sorry [/I]to hear about the total loss of your beloved boat. It is bad enough to have your car damaged in an accident, but your boat is a whole another level. So, the search begins (again) for a boat and I am sure you will find another one my friend.

Glenn Druhot
Carpe Diem
New Bern, NC
35* 6' 10" N / 77* 2' 30" W
2001 C36, Hull #1965
Std Rig; Wing Keel; M35B

stu jackson c34's picture
stu jackson c34
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I know you're in a stressful time. Sorry for your loss.

Talk to friends in addition to this forum, and work hard to get back everything that is rightfully yours. Get some perspective from others and don't let the trucking company screw you yet again.

Good luck.

Stu Jackson, C34IA Secretary, C34 #224, 1986, SR/FK, M25 engine, Rocna 10 (22#)

FlyMeAway
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Joined: 3/20/12
Posts: 241

So sorry to hear about your loss.

I'd recommend starting with the Michigan State Bar Association's Lawyer Referral Service:

[url]http://www.michbar.org/programs/lawyerreferral.cfm[/url]

You can get an initial consult for $20, for up to 30 minutes, which is a great way of figuring out whether you have a good claim that merits spending time looking for a good attorney (you may also find that the referred attorney is a good one, but that's always hit-or-miss).

It helps to be prepared as well by carefully reading the contract you had with the trucking company. There might be a choice-of-venue / choice-of-law clause that you'll have to pay attention to when selecting a lawyer.

David
s/v Portmanteau
Hull #2133 -- 2003 MKII
Seattle, WA

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Capt. Sam
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Posts: 321

What a nightmare! So sorry for your loss and I hope you don't loose your enthusiasm for getting another boat. By the way I think the idea of being able to sell components is a good one. Winches, fittings, pumps, fridges, electronics. It could be worth quite a lot.
Good luck
Sam

Capt. Sam Murphy
1994 Catalina 36, Hull 1327
Shoal draft, two cabin model.
Panama City, Florida

FlyMeAway
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Posts: 241

I like the idea of trying to sell components as well, but be careful. Generally (though to be fair not always) the way insurance works, after the trucking company (or your insurance) pays you for a total loss they own the boat and are entitled to any salvage. When claiming a total loss, depending on the insurance contract, you'll probably have to give up all any and all rights to salvage.

You could find yourself in the situation where they try to reduce what they pay under the claim by the fair market value (which might not be what you sold it for!) of the part.

Of course, if you get a lawyer involved, all bets are off! :-)

David
s/v Portmanteau
Hull #2133 -- 2003 MKII
Seattle, WA

Steve Frost's picture
Steve Frost
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Insurance companies usually just want to expidite the claim and move on, in doing so they may not get the greatest value out of the residual value themselves. It is always worth asking what the salvage value is. As a separate number it should not effect your pay out unless you take the amount out of the settlement. Boats are differnt than cars as you do not find savlage yards in every town like cars.

Back when I owned a Santana 20 one of the guys in the fleet took a knock down in Berkley Circle with a spinaker up and forgot to dog down the forward hatch. The boat sank in about fifteen feet of water. He made a claim to the insurance company they paid in two days, he purchased the salvage rights for $1200 as I recall. He and a buddy went back out and put inner tubes inside the boat, blew them up, refloated the boat and he was racing the next weekend in that boat. This is a different situation than yours but, the point being insurance companies do not want to get into drawn out actions like removing components and marketing them, they just want to close the file and move on.

Cepheus dream
C36 MK I # 825
MK I Tech Editor No Mas

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Pgutierrez
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Posts: 220

Thanks to all for your support and input. Insurance companies are now deeply involved. I hope to have major resolution of insurance issues next week. Hey, nobody got killed, hurt, maimed. Lots worse things can happen - it just really sucks but life goes on. What I can tell you at this point is if you are going to have your boat trucked: 1) get a separate insurance short term insurance policy that pays you replacement value. 2) Demand for detailed copy of the truckers insurance policy. Have your independent insurance agent review the truckers policy - if the policy shows CARGO insurance, than watch out because the boilerplate (fine line details in the policy) to pay out is highly skewed in favor of the insurance company to pay as little as possible. 3) Time is on your side - the insurance companies are on the hook for storage and demand that your boat be taken to a storage site of your choosing for inspection. 4) Take all valuable easily removable assets off the boat and into locked secure storage - even if later you have to return some or all back to the insurance company to settle the claim. 5) Storage should be not under tarp but in a dry building. 6) Patience, patience, patience. 7) Dont sign anything until you have written proposals of being made whole by both insurance companies: yours and the truckers. The insurance guys at the corporate office that are assigned as case workers on your side may be able to give you much better advise as they deal with these types of situations all the time.

More later, and thanks.

Once the financials are settled, the goal is to have another boat on the water by the end of June.

peter g

2000 C36, MK2, Hull. #1897
wonderful, wonderful, wonderful ! ! !.   5 th Catalina

 

 

stu jackson c34's picture
stu jackson c34
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One of our skippers had some "issues", too: [url]http://c34.org/bbs/index.php/topic,5969.0.html[/url]

Stu Jackson, C34IA Secretary, C34 #224, 1986, SR/FK, M25 engine, Rocna 10 (22#)

Last Toy
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Posts: 28

I had a choice in trucking my boat or hiring a captain to take it from Nags head where I brought it. Boat was caught in gale. In post it lost its prop, hit piling, etc. Basically it is a gamble either way

I have a 2004 36 MKII which fell in love with a piling and as a result I have an art piece for a bow pilpit and the piece the anchor sits on. Any chance you could sell the bow pulpit to me, assuming of course it will fit. My boat was made in CA, not FL.

Barry Thorpe
Miami, Florida
2004 c-36 MKII M35B
Last Toy #2187

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Pgutierrez
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Posts: 220

I believe your best bet on getting the right bow rail parts is through the recommended sites mentioned by others. I will most likely turn in all assets to insurance company as I already have a great job that as huge demands on my time. Boat is too far away from my home, and I would not have time to part it out. I've got to move on, believe this insurance issue will be behind me soon. Then will look at replacement C36.

peter g

2000 C36, MK2, Hull. #1897
wonderful, wonderful, wonderful ! ! !.   5 th Catalina

 

 

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