Transom Seal Leak - is it a wearable part?

[spenserj87]

Four Winns Horizon 180 Volvo Penta 4.3. Short story is that I had an incident on a lake going 15-20 mph where the bottom of the outboard hit a sandbar. The impact pivoted the outboard upward and caused a leak through the transom seal. There was no damage to the outboard at all, really no sign of impact other than the outboard pivoting up. I lowered the outboard and was able to get to dock and pull from water. Quite a bit of water was in the bilge.

I put in an insurance claim and the insurance company declined the claim saying the transom seal is a wearable part. Cost to repair was $1,600 due to fact they had to pull engine to inspect and repair transom seal. Insurance company required a tear down to inspect and then claimed there was insufficient evidence of damage or a collision that would have caused the transom seal to fail. There are six bolts that go through stern and it's clear to me an upward shift occurred. While the bolts aren't bent, there is fresh wood damage in the holes the bolts go through. But pretty minor.

So my situation is that the only evidence of a collision is a failed transom seal. Without any other visible damage, the insurance company (Progressive) is saying it's a wearable part. Obviously they are ignoring my account that there was an incident, there were two other adults on the boat who witnessed. We hit something, seal failed.

Is there any evidence I can use in small claims court to demonstrate that a transom seal isn't a wearable part? I have pictures of the tear down to show wood damage. I spoke with a boat inspector, but it would cost too much to hire him as an expert witness. So I was looking for other sources that would bolster my argument that a transom seal is not a wearable part in most instances.

 

[bajaunderground]

Bummer on the collision. So I'm surmising that the inner and outer transom assembly is good? Do you have any pictures of the transom with the assembly removed? If there's wood damage or gel coat damage, that's not a serviceable part; however, the seal is. $19.99 is about how the going rate for the seal...pulling out drive, motor and assembly is way more expensive...prolly $800-$2,000 depending on shop! Once you have the transom exposed, you should be able to snap some pictures to present to the ins. co.?

Post some pics on here.... The collective experts will be able to give you advice on the damage, if any?

 

[Scott Danforth]

I have never witnessed a seal failure by hitting something, and I have hit everything from giant rocks to submerged sail boats to a shifting sandbar while cruising along at 30mph.

that being said, if the outdrive moved from your collision, then my guess is the transom was compromised prior (posibly from rot). I am not saying that it didnt happen like you describe, I just find it hard to believe knowing how hard i myself and my family have hit submerged imovable objects.

your best bet here is to talk to the marina and the insurance adjuster.

 

[spenserj87]

Take a look at these pictures. The impact was a big thump, outdrive ended up being 45 degrees up. The action and boat speed bent the trolling plate and that's not easy (it was straightened before I took pics). You can see signs of sealant because we weren't sure it was a transom leak so we sealed and launched. No leaks. I felt there had to be other damage that would show on tear down but it was just the seal.

Boat repair redid the transom because he felt it was cut wrong at the factory, opening too big. That could have been a factor, but since the Four Winns bankruptcy, I can't do a warranty claim.

https://goo.gl/photos/dvauuQ9QbgZw8Mqq5

 

[jbcurt00]

IIRC there shouldnt be any caulking necessary around the gimbal housing against the transom, just the housing gasket. But I'm not an I/O owner.

Perhaps the tearout at the through keyhole was enough to prevent good tightening against the transom, making the caulking neccessary.

The impact was probably severe enough to loosen the caulking and gasket seal's ability to keep water out.

 

[spenserj87]

Yeah, the calking was temporary to comfirm the leak was around the transom and to check if there was a different leak source after the incident

 

[Assassin3F]

Wow...that looks like one heck of a smack...I would recommend you do a couple of things.

1. Get a hold of your insurance policy and read thru it to see if you are covered in the event of a collision also review the language regarding arbitration and specifically the appeals process. Insurance companies generally permit you to make an appeal without resorting to legal action or a demand for arbitration. The Appeals process is a way of resolving disputes without having to get an outside mediator or lawyer involved so they generally have some process in place.
2. Draft a letter of appeal to your insurance company and include those photos at a minimum.
3. Additionally, if you have a copy of the Owners or service manual for the boat, stern drive, and or engine attach the service schedule to the letter as varying exhibits or appendices. For the engine and drive manuals you may be able to find them by going into the "adults only" sticky in this forum - I got all of my manuals that way except for the owners manual which I got from the Volvo Penta website. (Tip: you can get a free PDF writer like "CutePDF" and print them straight to PDF so you can retain them or create a hardcopy).
4. Point out in your letter that the Transom Seal and Shield are only flagged in the various service manuals to only to be inspected for damage not wear or degradation. Also point out that the transom damage shown in the photos is evidence of a high speed collision with an unmarked underwater obstruction.
5. Discuss this with the mechanic and ask them to provide a letter stating the condition of the transom when they first encountered it and stating that the transom repair was required to return the boat to service. Usually when I have to go to these lengths I will draft a letter for them to review and/or alter and sign. Include the letter as an exhibit/appendix.

BTW my experience with insurance policies is related to homeowners policies as of about 10 years ago when I did a lot of storm damage repair and insurance claim issues (Contracting). I have minimal experience with vehicle insurance repairs. The biggest thing with all of these things is what does the actual policy say. If you don't know you need to reach out to Progressive and ask for a copy of the policy.

Whether or not the opening was too large is irrelevant the boat was good to go prior to the collision after the collision at least one of the drive mounting screws was partially torn out of the transom. There is no stern drive manufacturer in the world who would certify any one of there products if only 4 or 5 out of six mounting bolts was in sound wood. They would tell you point blank that transom requires repair before reinstalling the drive.

Oh and don't wait on this...there is a time period on these things with homes you generally have 30 or 60 days to appeal an adjustment. get on it now and you should be able to avoid small claims court and just be done with it...besides I would be surprised if they don't have an arbitration clause in your policy. Read it and give me a holler if there is something unusual in it regarding the dispute resolution passages.

Additionally there are other ways of venting your angst that may bear fruit beyond the policy such as contacting the state insurance commissioner. I have heard of that being an effective method although I have never had to try it myself.