Re: That sinking feeling
Those of you who think you are perfect are annoying those of us who are.
First, any business can make a mistake. It's how they handle it afterwards that matters.
Second, in a case like this, the owner does not have to involve his insurance company other than to notify it of the incident; his insurance comes in only if the mechanic does not step up.
Third, if your used boat is damaged by another person, he owes you another used boat. Period. No new boat, no bigger boat penalty, no inconvenience, lost use, etc. Same with cars, washing machines, whatever. The only exception in some states is that dry cleaners have to give you replacement cost, not value, for your used shirt they damage.
That being said, an owner might rather have a dried out boat with 2 years free maintainance/repairs than a check to go find and buy a used I/O bowrider of unknown provenance. His choice. he may also be planning to sell it.
We also don't know what else the mechanic may have offered to make it good.
Consider this: why didn't the bilge pump handle this? Perhaps the owner chose not to have a float switch. While that doesn't shift the blame to the owner, legally, there is something to be said for a guy who exposes his boat to such risk. After all, the primary reason for the float switch is for when things go wrong! And even if the pump wouldn't keep up for 5 hours, it would have alerted the kid who launched it at the time, or a passerby on the dock. BTDT.
Fat Fanny, I sure wouldn't want to have your type as a customer or client.
Cribber, stop and think about it a minute: You'd hire a lawyer to sue a guy for the deductible ($500?) and rate increase ($100--if any)? And pay the lawyer $500--to get an uncollectible judgment of net $100? The only reason you'd be getting your insurance company to pay you anything (the FMV of your boat, less the deductible) is if the mechanic was out of business!
