What do I do now?

[JGomber]

Hi all,
Just got a voice mail from the BoatUS insurace folks disclaiming any payment for the repair of Triton IIs transmission saying that there was "no evidence of impact".
For reference, when I struck the "submerged object" I lost connection between the Starboard engine and shaft. The engine was fine but no propulsion and I limped home on the Port engine. Prior to that, there was no problem with with propulsion or shifting for the four years I have been the steward of Triton II. The prop and shaft were found to be bent but the strut was OK.
The trans was removed and, after the fact, I learned that it was sent to Florida for inspection and repair. I wasn't consulted even though I pointed out that I had access to a replacement trans with fewer hours (thanks to an offer from Bob Lico). This was ignored by the insurance company and yard.
What are my options from this point? I'd really appreciate any help.
Thanks

[R Cahoon]

Working in a boat yard that does a lot of insurance repair work, this is where the good insurance deal ends. Some insurance companies have good policy prices but they don't like to pay. We fight with insurance companies all the time and Boat US is one of the worst.

Keep Smilin

[Brewster Minton]

take them to court. they will not like that.

[Rawleigh]

Sounds like there was plenty of evidence of impact, just no damage as a result of it!!!

[scot]

I agree with Brewster. I would bet that just a letter from an attorney would get their attention and you wouldn't even have to end up in court.

Make sure your hanging on to all dates, correspondence, results, etc.

Sounds like you could write the letter outlining the events, damages, etc. and get it on an attorney's letter head for a few bucks..have them throw in a bit of legalese and see what happens.

Good luck,
Scot

[Rawleigh]

Or threaten to go to whatever Bureaucracy regulates the insurance industry in your state and file a claim for bad faith refusal to settle a claim. Clearly there was evidence of impact and reason to look at the transmission!!

[Charlie]

A number of years ago I contacted a sumersed object with my port wheel. I guess I was lucky because the prop and the end of the shaft left the boat. It looked like a rat chewed the end of the shaft. BoatUS paid for everything; no questions asked. I did have the boat towed to a BoatUS listed and approved yard. They said it was a prop strick and the adjusted agreeded. They cut the check in 48 hours and on a Saturday.
I would try to find out why they don't thing it was a prop strick. Damage from a prop strick was covered in my case. By the way no damage was done to the tranny. She was still running fine a couple of years ago.
Good Luck

[In Memory Walter K]

From this point on, send your letters Registered, return receipt requested.
Type in CC: and your lawyers name (Esq. after a name is how my lawyer has his), and any sort of State, Federal or consumer protection agency that will get their attention. For whatever reason I cannot explain, I suspect your Marina is in on this. In passing, let them know you're turning this thing over to your attorney and the consumer protection agencies. If they are in cahoots with the insurance guy..they'll let him know. Walter

[Bruce]

Jerry,
Before threatening lawsuits and such at this point, find out what exactly was wrong with the gear and what if anything broke and if so where are the broken pieces.
Find out where in Florida it was sent, possibly Transmission Marine in Lauderdale and call and talk to them.

Everything needs to be documented with statements and more important, broken parts.

Do it asap as time lapses memories.

Has anyone checked the drive plate?

If the gear did sustain damage, especially broken parts, then I would make sure that damper plate gets replaced before assembly.

If the gear is okay, has anyone checked the damper plate?

Find out why they denied the claim.

[Hueso]

Bruce is right...you want that trans back with all the parts...........the insurance company maybe dealing with a spoliation of evidence issue....you will also want a full written report from the insurance company stating exactly why they denied coverage, making specific reference to the clauses in which they based their denial for coverage. Check for time limitations.......probably you have a very strict time frame for a reconsideration of your claim..................if I were you I will visit a lawyer as soon as possible so he may read the terms of the policy and act fast..........................finally, insurance companies do not like bad faith claims filed against them.................is highly probable that the independent adjuster assigned to work your claim recommended your insurance company to deny converage arguing that there is no causal relation between the damages that the transmission showed and your occurrence.............you will need a mechanical expert to show to the contrary......that takes me to the first point............have all the parts of that trans looked by an expert............and request him to render a report................WATCH OUT FOR THE STATUTE OF LIMITATIONS in your state............if the insurance company failed to properly maintain the old parts or the transmision itself, I repeat, the insurance company maybe dealing with a spoliation of evidence issue.....good luck

[Hal]

Ding, Ding, Ding! We have a winner.

Get the parts, send certified demands for denial explanation adn check your statute of limitations. Have an independent expert re-evaluate the claim and tell him before hand all of the facts including what the reason for denial was. Pay him out of pocket for his opinion and document everything in writing.

I fought with those SOBs for 8 months while they tried to deny a similar claim by questioning whether my strut came use from wear as opposed ot having hit an unmarked obstruction in front of a restaurant dock with witnesses.

Eventually, they'll pay if they owe and you do your job.

[JGomber]

Thank you all!
Really appreciate some good input and a direction to proceed.
Any additional suggestions are welcome, too.