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boat accident / need lawyer or advice

Old 01-15-2008, 08:57 AM
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Originally Posted by CAP071 View Post
I'm no legal expert but, the owner of the rental boat admitted to taking all the lights off ? Who did he admit this to?

Did you go after him also? You need a better lawyer
admitted this under oath at the criminal hearings . also sid that the reason there were no lights was because people dont want to be seen ! well that sure happend , the owner also admitted to no horn on the boat , because no one wants to hear you , the guy a little slow ans i feel for him , but im trying to recoup dammages , ect . not trying to get rich they offerd less than doctor bills . 4 people involved two nearly drown . went down in 45degree water sat for 30 minutes before the pontoon even cam back to help us ! this is the truth !! every part
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Old 01-15-2008, 09:15 AM
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Originally Posted by apppedigree View Post
Oh yea, I have gone after the insurance companies through the insurance commissioner, they will settle quick after the heat.
This is very true.......each state has a control board that puts high heat on Ins Co. that screw around......have your facts in order as well as a police report with the DUI stated.....should be a slam dunk case.

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Old 01-15-2008, 09:35 AM
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Holy chit Rob!......sunk the boat and four people in 45 deg water?....scary.....sorry to hear......tons of fisherman in tin boats run around with no lights up here all the time and the cops are just FINALLY in 2007 starting to pinch them for it....... I hope you get every penny owed to you.......doug
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Old 01-15-2008, 11:42 AM
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Your insurance company needs to take care of you based on the terms of your coverage (restore your insured property to condition prior to accident within limits specified in the policy). You then subrogate your rights to them and they go after anybody and everybody that should be held liable.

Focus on getting your insurance company to take care of you, that's why you have them. By you going after these other people, you are doing the job of your insurance company. You should be calling your insurance company every day asking when they plan on taking care of (fixing) the insured property (they have an obligation to resolve in a timely manner).

You have a relationship with your insurance company by entering into a contractual agreement (policy). It's time they live up to their end of the relationship. The term that gets them off their butt is "you expect them to act in good faith" and take care of the insured property.

The above was based on my own frustrating experience with a boating theft claim. Just a life lesson I thought I would pass along.

Good luck.
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Old 01-15-2008, 11:53 AM
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Where/what court are these proceedings taking place? Contact the best attorney in the area there and give him the details and let them do the pressuring. When the insurance companies get the letters from your attorney, it is reality and they will start responding if there has already been a judgement on the other side of the case against the accused. Good luck.
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Old 01-15-2008, 11:55 AM
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While you can claim this on your own insurance, doing so may cause you to leave money on the table. Your insurer may pay you less than what you're owed and they certainly aren't going to compensate you for the damages you have suffered. Your insurance rates will definitely be affected. Every time you apply with a company you'll have to check the "YES" box when asked about prior claims.

Find an attorney and have them file suit immediately. File notice of demand for jury trial. File demands for discovery from all defendants. This sends a clear mesage that you're coming and coming hard. Don't accept the "I'll send them a letter" from an attorney. They'rre going to have to pay your costs so what do you care what a filing costs? It's small money anyway. Depending on your state's laws you may be restricted on whether you can file against the insured. If you can, do so. Marina owner too. Make sure the filing includes a claim for damages on the basis of bad faith on behalf of the boat owner's insurer and any other insurer in the chain. They have a responsibility to either make you whole or tell you in writing their basis for denying payment on a claim. I don't know of a state that doesn't allow punitive damages for bad faith and all that I am aware of set that amount a 3 times the value of the physical damages. They really do try to avoid paying these- especially when contractual language exists showing coverage they're refusing to honor.
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Old 01-15-2008, 12:09 PM
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Originally Posted by ROB FREEMAN View Post
boat sunk in 40 ft at 11at nifght total loss estimated at 60 k injuries yes and no im not just another guy trying to get a free ticket . i was sober and was my family .And to tell you the truth i really dont need any more negativity on this . especially from a fellow osoer , i thought this was a little community of fellow boaters , not someone always trying to jab on someone get real dude .
Sounds like you are overly sensitive. My questions were not intended to challenge your motives. They were based on things that are pertinent to your ability to collect since you had not elaborated on the circumstamces. If you are that sensitive about this type of questioning, wait until you get to court! that being said, go get em'
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Old 01-15-2008, 12:09 PM
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Originally Posted by ROB FREEMAN View Post
the owner of the rental boat admitted to taking all the lights off the toon because he got sick of waiting for the people to bring back the boat at night...
OMG! He admitted to that? What a tool!
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Old 01-15-2008, 12:14 PM
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good luck, hope you prevail
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Old 01-15-2008, 12:32 PM
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You could probobly also name the government agency responsible for the lake. Most will require businesses operating on the lake to obtain some sort of permit. The authority should periodically evaluate the business and its operation via a yearly permit. Surely they would require the vessels to at a minimum comply with all safety standards.

I agree with sunkin, no reason for you to pay and have the stain on your record. Besides if you file the claim and they go after the other party, just how hard will they try. I mean if they've got your deductible and your paying the premiums then what do they have to gain? Its a conflict of interest.
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