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| I think it would be a mistake to contact your attorney first and ask questions last...here me out on this one and it could save you $$ in the long run.
It's not about being a litigious society and all that jazz. This is no different than a car accident really. You don't have serious injuries. You have clear damages to your boat. Liability is clearly on the other driver as you were stationary. The only questionable damages would be lost time if you have any. This is a relatively simple claim. This isn't health insurance. Property casualty insurers are much much less likely to "cheat" someone. There are attorneys who would have you think otherwise however...
If the lady is fully insured, you won't be causing her any financial difficulties whatsoever...so punishment isn't an option. Yes her premiums will go up...whether you just have a scratch or your boat is totaled...it doesn't matter really in this case as the damages are limited.
To go along with the damages being limited...more than likely the lady's insurance company will offer you a reasonable fair settlement figure to begin with. When it comes to recovering for standard property casualty claims, you will have be limited to an actual cash value of your losses. There will not be punitive damages unless there is gross negligence (basically something really criminal..ie being drunk and killing somebody). For the most part these are fixed. Your boat damages can easily be acquired. Your medical bills seem minimal if you guys didn't go to the doctor. You will be able to recover lost wages if you lose time on the water guiding. But only those that you can document (this is important).
The best bet is to see what the other insurance company is offering.
- boat repairs - make sure they are from a reputable dealer and all will be fine.
- total loss (if it is) - they will depreciate it no doubt...but have in mind all the add-ons and maintenance that you have performed. Also keep in mind the value a comparable model...not necessarily a brand new model. The other company only owes you for what your's is worth b/c that's the damages that were caused...not necessarily a new one (unless yours is #*^@ near brand new. Guiding adds to wear and tear regardless of how meticulous you are. You can negotiate...but the insurance company will be able to document what they offer...so you’re negotiation will be minimal. Chances are they'll be fairly close. THIS IS KEY THOUGH>>>If you have progressive (or another that offers this) and they automatically give you a new boat the same as they one you have, you might consider getting boat damages handled through your own insurance...then your insurance company can dicker with the other lady's insurance to get the money back (save's you the hassle and you get a new boat if have that coverage...sweet deal if you ask me).
- lost wages - you only can recover for what you actually lose due to injury and or in this case loss of use of your boat. If a suitable replacement boat can be supplied, you are only entitled to the cost of the replacement boat per day (you will have to earn the rest by guiding). If no replacement can be acquired, your loss of use of the boat will not be the cost to rent one, it will be the wages you can document (typically this means receipts and what you report to the IRS).
- injury - you can recover the cost of your medical bills as well as any sort of pain and suffering. Your medical bills seem limited. However, even if you have none you are still entitled to a minimal amount of P+S. It's just limited because you can't document your injuries. Best to understand that you aren't going to get 10,000 bucks for your injury if you're fine after a couple of days.
Consider the above and decide if you would want to hire an attorney. They are not miracle workers. Getting an attorney doesn't mean you're "suing". However, it does mean that you are forfeiting 1/3 of your settlement. This can be big time if you're talking about boat damages too. So an attorney might be better at negotiations and get you an extra 2 grand on top of the 10 the adjuster offered you yourself to begin with. That just means you get 8 and the attorney gets 4. You gotta think about this stuff before it costs you.
Most of the time though, people will get an attorney first, never knowing that the insurance company is settling the claim with the attorney for the SAME amount as they would have with the person who suffered the loss. Attorneys don’t change amounts being offered.
I was an adjuster for 5 years...I saw what happened in the above paragraph happen on a weekly basis. Most people get screwed and they don't even know it. See what they offer first. If you aren't happy, take that to an attorney and tell them that is the least you will walk away with, period, no matter what the attorney negotiates for. Have that in your contract with the attorney. Then see what happens.
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Posts: 227
Location: Southeast Wisconsin | Thanks for the tips halfpint. Once I get the police report and estimate done on thursday Im going to contact her insurance company and try to work everything out. I will also contact Ranger and speak with one of there engineers.
Thanks again to everyone for all the help and ideas!! |
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Posts: 110
Location: NEW LENOX IL | Ben, glad there were no "serious" injuries .
Thank you for the air horn tip. Now I will have one at the helm and one on the front deck of my boat.
GREAT TIP !
Hope you have a quick recovery
Dave |
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| A lawyer will take as his fee, 33.3% of any insurance settlement he obtains for you. Try to work with the insured's carrier first. If they start to back off, then hire an attorney. Whatever you do, DO NOT sign a release for AT LEAST ONE YEAR and DO NOT give a statement without representation. |
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| Here's my take on this.
I have a 4 year old son, a 15 month old daughter, and a baby on the way. I could not imagine my wife having to explain to my children that daddy is no longer with us because he was hit by a woman driving a boat, not paying attention, pulling her kids on an tube.
My wife is an attorney, and was a defense litigator for some time, representing insurance companies and railroads. She's seen it all and has shared a lot with me. There are a lot of people out there trying to cheat the system and "take dives", but in this case, even though it was an accident, hit this woman where it hurts because of her negligence and stupidity. Hit her future pocket book and go after her insurance company. If she wants to drive a car, a boat, etc., make it miserable for her to pay for the insurance. She jeapordized your life, your fishing partners' lives, and everyone in her boat's lives. Let her know that this mistake will cost her as long as she lives.
Premiums don't go up for those who are safe driver/boaters.
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| Stay on your insurance company and they will assign an attorney to this claim. |
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Posts: 82
| Glad you are ok!
Accidents happen but when you are talking jet skis,ski boats, and even wind surfers this is to often an occurence. Perhaps I am senstive because today I go out and between me and the shore that is 75 yards away I had all the "recreational enthusiasts" making their turns between me and the shore, unfortunately most of them were paying more attention to the skier behind the boat or, if jet ski, looking for the big wake and not minding my bait landing in front of them.
I respect the opportunities the water provides for all, unfortunately the lack of respect, or common sense by others compromises the safety of others. Thus I believe more time and effort ought to be spent on education and enforcement of the lakes where there is a high probability of this occuring. We spend thousand of dollars on stocking and fishery management, I think it is time we spend a bit more on "boater" management! |
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Posts: 956
Location: Home of the 2016 World Series Champion Cubs | Ben, Glad you and your partner are okay. Now the important stuff...I would like to hire you this month for an entire week. No make it two. What, you have no boat.......... #*^@ now youve lost another two weeks income.  If you need a client affidavit we're all here for ya.
Karl |
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Posts: 227
Location: Southeast Wisconsin | Actually, didnt you have me booked for all of aug Karl??..LOL
Got the estimate today and its looking like $8800 is the grand total for the body repairs. That doesnt include my depthfinder, rods,reels and my buddies cell and sunglasses..The sad part is that I will be without my boat for 2-3 weeks that Im booked solid. Im probably the only guy who you'll hear complaining about a 3 week paid vacation...LOL
Thanks again for all the info and kind words!!
Edited by Ben Kueng 7/5/2007 5:29 PM
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Posts: 203
| Hey Mike JONES,
LEt me know if you dont have a rental or backup boat... My boat is always available for you to use...Hehe.. But you get hit in my boat, Your pretty much not making it out alive..
Let me know when you want to go fishin.
bret |
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