well....dreaded boat damage victim...need expertise answers

[jlh3rd]

The marina crushed the middle of the last section of my pontoons. They were blocking it up in prepping for painting. I thought they knew what they were doing.
I'm so mad I'm actually numbingly calm.
Backstory, just for perspective. New 2021 115 hp motor. All upholstery custom replaced and custom fitted cover this past fall. All allegedly top quality marine vinyl and canvas from a specialty shop who also either replaced the wood framing and/ or marine epoxied everything. All in anticipation of trying the chesapeake bay for once....Furthermore, I have renovated, repaired and upgraded my instruments and wiring and equipped this pontoon with a porta potty and grill. The trailer has also been repaired, upgraded. I even ordered warning decals and placards for the boat,if needed, and had new color decals made for the trailer.
Finally, one of the reasons for moving the boat to a chesapeake marina was due to declining conditions at the river "marina" and vandalism on my toons while parked at the "marina" lot....and now this...lol...murphy's law
So, I need expertise comments on the PROPER way to fix this. I have to arm myself with facts as you and I both know this will probably end up confrontational.
I'm sure I'm gonna lose out....but I'm a fighter..
Sure, right now they're saying we're gonna take care of you, but I'm sure they have NO knowledge of aluminum and/or how that can or cannot be repaired...or any idea as to the labor involved, none. They can't fix it there, the boat's gonna have to be transported, moved here moved there.....and I live 1.5 hours away..........I hate it when I f@#k myself....

My knowledge says the ONLY way to repair this is to REPLACE the tubes!
They are not gonna do that, I bet....no matter what improvements I've made, it's still a 2006 pontoon......
So, speak...I'm listening...

 

[jlh3rd]

Oh, they said for me to open a claim with my insurance Co.. Then they're Ins. will contact my Ins. and but they're ins. is gonna pay.
I don't see WHY I have to do that..
You can tell I have not been involved in accidents my entire life..
I didn't argue.......or get mad.......yet...what good will it do...

 

[Grub54891]

Following along. I would think the Marina would be responsible. Your insurance shouldn't be involved. That's how it works up north here. If we put a ding in a boat, it's on us.

 

[tpenfield]

Perhaps more of a notification than a claim to your insurance company. It would be best to do that knowing the name of the marina's insurance company.

 

[dingbat]

Your insurance shouldn't be involved. That's how it works up north here. If we put a ding in a boat, it's on us.

Must have a "liability only" policy.
A "comprehensive" policy, would cover any and all damages in the contract

Your best bet is to make a claim through your insurance Company. Let them fight the battle with the marina

 

[jlh3rd]

Following along. I would think the Marina would be responsible. Your insurance shouldn't be involved. That's how it works up north here. If we put a ding in a boat, it's on us.

they are responsible...100%...they said that.....and they are......In what way do I have any fault...

notification might be the word...not claim..

 

[dingbat]

notification might be the word...not claim..

Went down this path 3 years ago.
No legal difference between "notification" and "claim"

 

[redneck joe]

Oh, they said for me to open a claim with my insurance Co.. Then they're Ins. will contact my Ins. and but they're ins. is gonna pay.
I don't see WHY I have to do that..
You can tell I have not been involved in accidents my entire life..
I didn't argue.......or get mad.......yet...what good will it do...

Who said open a claim with yours? The marina or their insurance?

 

[redneck joe]

If marina, this aint their first rodeo.


Look up subjugate. Many definitions depending on application but it means they will go after for you, and at least in olden day add a touch for themselves.

You do NOT have to accept their offer but it will be up to you to fight unless you file a claim. Sounds like youve never had a claim so shouldnt hit you back. TALK TO YOUR AGENT.

Repair versus new on a boat can be a life or death binary choice. You have the edge.

 

[redneck joe]

Went down this path 3 years ago.
No legal difference between "notification" and "claim"

My state farm agent back in 1986 screwed me with that. Got canceled

 

[jlh3rd]

once again, this is solely on the marina.
I notified my insurer which is fine. I just have liability ( which I knew) so there is no ability to make a claim....so that is all mute.
Went to a boat dealer, where I bought my motor, and showed them the damage just to see what they'd say.
They said a competent aluminum welder and aluminum shaper can pull this out for repair. But they also said they aren't the welder so he would have to make the call, and it may not be able to get it to 100%.....

so I learned it can possibly be pulled..which is why I asked.....I know the welder, he is good but the gymnastics required to use him are difficult. Basically, I do not have a scissors trailer which is the biggest obstacle.

Anyway, just will wait to see the marina response. I'm armed with a little more knowledge....

 

[redneck joe]

Fight them, get new

 

[airshot]

Years back a roofer messed up a replacement roof bad. His insurance co said I had to file a claim with my ins co !! Same here, why my company it was the roofers fault!
When I called my company, they explained that is how many companies do business. I ended up having my own company shell out 17,500.00 for roof repair then they went after the roofers ins co. I had no choice and got nowhere, and yes my rates went up. after settlement I ended up going with another company. So...yes go with new logs and go thru whatever insurance you need to go thru. If your rates go up, switch companies !! Good luck !!

 

[airshot]

once again, this is solely on the marina.
I notified my insurer which is fine. I just have liability ( which I knew) so there is no ability to make a claim....so that is all mute.
Went to a boat dealer, where I bought my motor, and showed them the damage just to see what they'd say.
They said a competent aluminum welder and aluminum shaper can pull this out for repair. But they also said they aren't the welder so he would have to make the call, and it may not be able to get it to 100%.....

so I learned it can possibly be pulled..which is why I asked.....I know the welder, he is good but the gymnastics required to use him are difficult. Basically, I do not have a scissors trailer which is the biggest obstacle.

Anyway, just will wait to see the marina response. I'm armed with a little more knowledge....

The problem is, pontoons and boat hulls are made from tempered aluminum. Tempered material will bend but cracks when bent back. If they soften the temper the aluminum can be bent back to a point but now it is soft and will bend again easily !! Demand new logs !! It is your boat so your choice, however they may force you to replace with a used log. Inspect it carefully before install ...worse case scenerio, hire a lawyer !!

 

[jlh3rd]

I am retired. There'll be no lawyers.
I want to hear opinions and thankyou , but now I have to wait for the marina.
Supposedly there is/was a pontoon specialist on here. He last posted in 2019.
I pm'd him but no response...

 

[redneck joe]

You dont need a pontoon expert, you need a welding expert.

 

[jlh3rd]

The problem is, pontoons and boat hulls are made from tempered aluminum. Tempered material will bend but cracks when bent back. If they soften the temper the aluminum can be bent back to a point but now it is soft and will bend again easily !! Demand new logs !! It is your boat so your choice, however they may force you to replace with a used log. Inspect it carefully before install ...worse case scenerio, hire a lawyer !!

yeah, thanks....I am aware of that.
Haven't gotten there yet, but as the dealer pointed out, those toons may not be available for an 18 year old boat, the cost may exceed the alleged "value" so that could become contentious (sp)....
I do want to avoid that. But I want to arm myself with all available knowledge beyond what I know.

someone mentioned dropping my ins. Co. if things proceed in a negative manner....Well, my home, and all 4 cars are insured by them also...I've been with them since the 70's......and they treated me exceptionally well after a non insured, non licensed driver totaled my 5 month old truck. Although I do not carry that additional coverage for non insured, they gave me 100% purchase price....now what ins. co. does that.....

 

[jlh3rd]

You dont need a pontoon expert, you need a welding expert.

I could use both.

 

[dingbat]

Haven't gotten there yet, but as the dealer pointed out, those toons may not be available for an 18 year old boat, the cost may exceed the alleged "value" so that could become contentious (sp)....

Already getting the run around….. there is no such thing as exceeding “agreed value” with an agreed value policy. It pays the value noted on the policy, no exceptions…

Your problem, the marina carries liability only insurance…. Run around is coming

sWell, my home, and all 4 cars are insured by them also...I've been with them since the 70's......and they treated me exceptionally well after a non insured, non licensed driver totaled my 5 month old truck. Although I do not carry that additional coverage for non insured, they gave me 100% purchase price....now what ins. co. does that.....

Probably not as great as you give them credit for…..most States require insurance providers include uninsursed motorist coverage by law.

Being a new vehicle, the comprehensive coverage would have covered the cost of your new truck, not uninsured motorist

 

[airshot]

Pontoon logs come in diameter and length, not being able to find exact replacements is an excuse to not replace them. I live in an area where pontoons are popular, people replace their logs all the time especially on old toons...