Going to call in to my group legal plan today and get an appointment with a lawyer. I have not heard from the marina owner since Thursday and have left him 2 messages. I am guessing that he has talked to his lawyer who has told him not to talk to me because that would show guilt. The pumps are keeping up with the water right now. There is a bunch of sludge in the middle section of my hull from the front puncture. He may think that because the lame contract I signed says that the marina is not liable for damage that he has a leg to stand on but I believe he is sadly mistaken. Not only would the contract not stand up, he is negligent for not maintaining the slips that he is renting out, but he also committed fraud by saying that the slip was a usable slip. I have been nothing but fair and patient with him but if he doesn't act soon he is going to see how pissed off I can really get.
-----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Rufus Sent: Friday, May 04, 2012 9:49 PM To: [email protected] Subject: Re: [Liveaboard] EXT :Re: Hull breach and about 2 feet of water in my boat. Vern You got the 100 year event there. And you were kinda dumped on it, so to speak. One big job you've been gifted with. My .02: If you have insurance that will potentially cover this then involve them fully; if your agent is friendly enough to discuss it off the record, at least get his recommendation. I don't like insurance companies much, but you are definitely in that area of disaster where they should be part of the plan. They may "total" the boat, but if you don't report fully in a timely manner, you effectively waive all coverage - at least that's what I have read on most contracts. Don't expect them to "help you" - they are a business that will fulfill its contract - if necessary. Even though they are your insurance company they are here to make money and minimize loss and that means they are Not Your Friend. They won't hold up your end - you have to. I would also look into whatever passes for the BBB there and get the forms ready vv. the marina. Also, chat up all the boat people, the reporters, the waitresses, everybody at West and all other places, giving them your outrageous story o! f woe - iow, provide as much publicity to any interested parties (now or in the future) as you can and then let the owner make himself either a Good Guy or suffer the consequences. Do write a letter to Latitude38 (or email) and let people know what happened to you so others might think carefully about this sort of thing. You also might get some almost professional advice from their many readers.... Much better than mine! <g> Courtesy and fair dealing in these circumstances is required and essential to any resolution. But courtesy does NOT include any concessions at all. No quarter can be asked or given if you hope to be made whole. The marina showed how it looks after it's customers when it gave you the slip and now that it stands to lose money I doubt their MO will improve. In these circumstances, Mr. Nice-Guy is a lie and a cop-out. Use every option you can and don't give any away. Play to win in every way you can as best you can. Don't worry about bankrupting the guy (doubtful); your responsibility is to do your level best to be made whole; if the marina fails it may save a lot of other sailors from similar problems. That's a Very Bad Thing that marina did. IMHO. > raising the boat... If it's at all close to the shore a crane may get it out put it somewhere it can be worked on properly. It's very hard to do any kind of job in the water. A salvage company is costly, but they have insurance, certifications and probably know what they're doing. If you use heavy equipment you want to have somebody in charge who has done this and has some chance of getting it right. Also you want some receipts that your insurance company might honor - not sure they'd go for Bo-Bob's brother in law's hand written one line invoice with no address and no certifications. Best luck. Rufus _______________________________________________ Liveaboard mailing list [email protected] To adjust your membership settings over the web http://liveaboardonline.com/mailman/listinfo/liveaboard To subscribe send an email to [email protected] To unsubscribe send an email to [email protected] The archives are at http://www.liveaboardonline.com/pipermail/liveaboard/ To search the archives http://www.mail-archive.com/[email protected] The Mailman Users Guide can be found here http://www.gnu.org/software/mailman/mailman-member/index.html _______________________________________________ Liveaboard mailing list [email protected] To adjust your membership settings over the web http://liveaboardonline.com/mailman/listinfo/liveaboard To subscribe send an email to [email protected] To unsubscribe send an email to [email protected] The archives are at http://www.liveaboardonline.com/pipermail/liveaboard/ To search the archives http://www.mail-archive.com/[email protected] The Mailman Users Guide can be found here http://www.gnu.org/software/mailman/mailman-member/index.html
