Dream Boat Destroyed.. Can anyone help!
 

At First we will begin without naming names. The manufacturer and the marine shop has not done anything yet, so I wont cuss up a storm yet.

The day before Christmas we received a call on our boat. The boat was in the shop for 3 months over a leak after the Tampa/St. Pete race. We sat back, missed Orange beach and waited for our boat. The day after Christmas we received a call that the boat was put onto the trailer wrong and that there was some damage. He said his Firberglass man was coming in and the boat would be ready next week Suspicous, we went to the dealer unannounced and found a horrific site. Our boat wasnt put on the trailer wrong... it was shoved on the trailer, and when the idiot mechanic pulled it from the water he forgot to lock the safety latch. Our brand new boat slid DOWN the ramp and tore the bottom of our boat to pieces. Worse off... The engine wasnt trimmed, so it was SHOVED up into the boat, causing the hydralics not to function. Upon closer expection the fin on the bottom of our engine was CUT and shaved to make it look like it wasnt damaged. The boat, the trailer and no telling what else is destoryed.

Heres the clencher... My fiance mad at the time DEMANDEd to talk to the service manager or owner. Noone was around so they sent two idiots out to talk to us. The girl said "Oh we have had a bad winter and the water is low, so it hit the trailer." Unless their dock defies nature... the ocean never runs out of water.... or am i wrong? Then upon viewing the hydralics, the man yells, well.. its low on fluid. Ok... So my finance climbs up into the boat to find that the fluid is still almost full. A full hour of bs and I had enough. According to her it hit the trailer wrong... The trailer doesnt touch, doesnt come close to the center of the boat. However the WHOLE underneith is destroyed.
And they can glass it....
On the sides, our baby was scratched to heck and all i got was... "OH WE DIDNT DO THAT!" as if we did that. If any of you racers remember our boat... it was immaculate! I was told by several of you that it was a beautiful, scratch free boat!

I dont know what to do guys. We volunteer, and I do your flags now and then... Im SICK! My poor finace is sick.. They keep saying that they will do glass work that all is fine... but what about the damage from the hit? Wont that damage the engine or other areas that we cant see. Im hoping someone had the same problem.
Can we make them give us a new boat?

We asked the manufactuer for a brand new boat. We CANT take this boat back. The damage to it is far too bad. If they think they can sell it, THEY should fix it up, and sell it at their marina and give us a brand new boat. It only had 100 hours on it, AND has been in the shop for 6 months of the first year.

My fiance doesnt know I sent this on offshore... Please give me advice. To keep peace I will not name the dealership nor the manufactuer. That is, not unless they try to screw us over.

Please help...
Flag Girl

Flag Girl -

I am sorry to hear that you and your fiance have had some bad luck...

Here's what I would do:

1. TAKE AS MANY PICTURES AS POSSIBLE!! Make sure they are dated and if at all possible, have you or your fiance in a few pictures standing next to the damage.

2. Fully document any and all damage that you think was caused by the marina. Be as specific as possible.

3. Contact the owner of the marina ASAP. Meet with them in person to discuss the damage. First, try by phone, then if needed by CERTIFIED LETTER.

4. Contact your insurance company and make them aware of what happened.

5. If the owner refuses to meet with you, contact an attorney ASAP that specializes in property damage cases. Make sure you have as much information as possible.

6. If the marina is still uncooperative, you may want to file suit.

The rest will be a very long and uncomfortable ride.

Good Luck! I wish you the best!

Keep us informed on this situation.

-Larry

Grrrr
 

It really sucks... My fiance would drive past the dealership every day and say "Someday, Im going to buy that". and point to his boat. Well.. one day we walked in and as luck had it, easily afforded the boat.
Its not fun to have your dreams shot down.
Worst off, I dont like the new models... im in love with his boat. I sit up front with my flags and wave caution during the races... its a rush...
We never play hard in it, infact during the race we sit by turn one, just watching, relaxing and listening to orders from race control. The only action during a race we had was chasing a kiyaker off the course.

anywho.. good advice.
Hugs
Happy Holidays
Jill (Flag Girl)

i would think that the manufacture has no responsiblity and the repair shop does. as to weather you are intitled to a new boat are not, i would have to say only if the repairs exceed the value of the boat as in a total loss. tuff spot to be in as cashbrain states get an attorney in volved, you may want to contact you insurance also. im in the auto repair business and like it are not **** happens, and cars get damaged we will always try to make it right. but in all the years, we have never replaced a car just because it was damaged, and we have had cars fall off lifts, roll into buildings, and smash into one another going around builds. good luck on your situation.

later

I wouldnt hold the manufactuer... Im going to them for assistance. I want to know their opinion and hopefully get them to back us with the photos. I sent them photos so they could tell us if its worth a fight or not.
They destroyed my new boat...It was perfect.. It should be that way again, and the only way I can see it perfect is new... thats how we gave it to them... its hould be that way when we get it back.

I agree with several of the folks above. The shop will try to fix it if possible. If you truely think it is NOT fixable. Then you need someone else to do an estimate. Your insurance company needs to be involved. There is a dollar amount for your boat that where it is considered too far gone to repair, Totalled. You really need an non-partisan's opinion here.

Good Luck, Jim

This story has made me feel sick. I feel for you and your fiance. good luck with your situation and i hope it works out for you......Ricky......

All the above is good info, also get another person that does fiberglass work to come and look at the damage as well, to get another persons opinion. If they did that much damage to your boat, do you want them to fix it?

i feel the same way :(
ive heard you can never get repaired glass work to match the original glass. hundred different shades of white. might be close but wont match perfectly.

That aint helping.... :(
I dont know what were going to do, and im too afraid to ride in that boat now. It was a good boat, and we babied it. Ii guess I should have had them sign a you break it you buy it thing,,,
works everywhere else... why not with our boat.

This situation turns my stomach also, as I put myself in your shoes. If this is a reputable marine repair shop, they should carry insurance for such occurances. I think I would definnatly contact my insurance company and take their advice. As far as a attorney, You might want to get some legal advice on where you stand on this matter. I'm sure we have many qualified attornies on this OSO who would give their advice to a fellow boater if not possibally get involved. Good luck. Aterrible way to spend your christmas. I also feel that you should disclose that marina or repair center so that noone else will have to experience that same nightmare.

The person that did it I think was fired.
We were fine, at first we stayed to ourselves and shut up. Then they started giving us lies, and bs. We dont like that from someone we trusted.

As for the disclosure...that may come tomorrow depending on what the manufacturer and dealer says.
Im even considering bringing the news in. My fiance is going to the table tomorrow. By then they should have the hull patched... but we have photos. I even have photos of the girl. I just want them to be fair, and to me slapshod fixing of our boat is not fair. It should be, break it, buy it. If they want to fix it (and it was cherry when we gave it to them), and turn around and sell it... then they should. But if they deny that, well then they are saying they dont want a broken boat either.

nother bad thing is, they are BIG dealers in Florida. If they treat us fair... We will let it wash off our backs.. If they wrong us and treat us like we have nothing... well then.

post pics of the damage.

I dont want to come out ahead.. not even for my time and frustrations... I just want the boat I gave them. I want my brand new, mint pretty speed boat.

If it takes getting a new one.. Thats fine. Same features... same model if they have it. Nothing upgraded, nothing less.

I dont want money from these guys... I just want our boat back so we can continue working with APBA offshore, and our racing friends. I already gave up orange beach.

This is really bad to hear. You sound more calm than what I would be, so hats off to you.

Not that it matters, but is this a brand new boat or new to you? And what size/brand. Just curious.


"To keep peace I will not name the dealership nor the manufactuer. That is, not unless they try to screw us over."

I agree with no naming yet, but isn't this what they are doing to you at the moment?

Good Luck


A question for the on board lawyers.
If a settlement or aggreement for repair and not replacement is reached, Are they required to have this shop repair it or can the owner take it to a shop of their choosing? I would have a hard time letting them repair it myself.

TELL WHO!

show up at thier shop witah sledge hammer, a can of bondo and a paint gun.

go directly to eth mnagers car and have him with you. Explain you'll glaldy destroy the body panel on his car, bondo them even and repaint the ****ty fix. And make sure to say "this is a perfectly good fix, i and dont; worry it must have hit teh trailer or something"

it was new and unrepaired/undamaged when you left it in thier care. It shodul be ine th same condition when you picked it up. Call a lawyer and sue them. They are already being uncooperative. SOthey might fix it but the works i rpolly gonan be crap. Take it to a shop YOU want to have it fixxed by and they pay for it.

haul it to tres martin or someother shop you know will do good work and has to be professionallhauled there spo you can stick them with that bill too. This is of course assumign it can be repaired. Get the manufacturer to look at it. Maybe they can havea rep check it out to see if the damage ruinid teh structural integrity of teh hull.

That thought has came across my mind. Doesnt help that I have an interview tomorrow, and that I am in the middle of studying for a test. Hopefully I get the job tomorrow... 6.00 more per hour would help us lots.

As for photos... they are coming. Every one so far has the marina in the background along with employees etc. Im trying to keep it safe, but i have some good ones. Check here tomorrow after 6pm est

The front of the boat... it looks liek they started fiberglass work... theres not tellng what else they patched. It actually looks like a HUGE section of the nose was taken out and they patched it back. Even in some spots its pourous and you can tell its new... on top of that... theres white drops and oozing all the way down the front where they didnt clean up.

uhg
The trailer alone is 3000+
They even tried to say that the trailer was not factory, that we bought the trailer elsewhere.

Dont they have a lemon test on boats?
Cant someoen find out that it was dropped on the ground and slid down a ramp?

get a surveyer to look at it, is it only cosmetic are is it structual damage?? if only cosmetic a good gel coat man can use the factory gel on the bottom[after any minor glass work] and on a boat as new as your's will be a good match, now if it was top side the sun has already bleached some of the color by now but on the bottom it will be just fine. if they take care of all the issues on your boat I would not worry much at all
Mark

good luck let us know how it is going

do you have a
before the accident pic to share ???

I agree totally with having a "survey" done. I would have that in hand before any meeting with anyone. That is if I wasn't in jail for shooting somebody first.

My suggestion is get the boat out of there ASAP. Show up with a cop from the town to document the damage that is on the boat so that they do not try to pull the it happened after BS. Buy a digital camera and printer and head down there. Take pictures and make duplicates one set for you and another for the cop and another for the dealer. The printer will cost you a couple hundred but that is peanuts when you are dealing with something like this. I had to do a similiar thing a long time ago and the Police were happy to help out and go with me to document things.
The LAST people that you want fixing this thing is them. Accidents do happen but if they are already LYING to you that is TOTALLY uncool!!! You at this point in time have to wonder if they will even fix it properly. Since it is YOUR boat you are under NO obligation to have them fix it. You can take it to anyplace you want and their insurance has to cover it. Last place you want your boat is there.

Man this makes me sick to read. What a bunch of TOTAL azzholes!!!!!!!

Call a Lawyer Yesterday

1) Cosmetic damage to a fiberglass boat can be easily repaired by a competent fiberglass man.

2) Entire outdrives (the engine part that sticks off the boat) can be replaced easily if needed.

You have been victimized by a bunch of liars. At this point, before they begin an attempt at restitution, I would insist that a marine surveyor (chosen by you on the recommendation of somebody reputable in that area) take a look and determine if there is underlying structural damage or if it is all cosmetic.

I would send a copy of the survey report registered mail to the owner of the marina/facility and inform him that you expect complete restoration of the boat to its previous mint condition. I would insist that a professionally respected glass man from the area be brought in to do the glasswork, and that NEW parts be used to repair the mechanical components. Furthermore, I would INSIST on a 5-year cosmetic warranty on the fiberglass repairs covering flaking, delamination, or mismatched color fading of the repaired areas. I would also INSIST on a "new" one year warranty on the mechanical components that are involved in this ordeal.

I would also require him to give you a written completion date for the repairs.

(Examine the wording of your insurance policy to see how it covers damage from repair shops. If it appears to cover those claims then you may wish to contact your AGENT, not claims department, and discuss options with him)

Make it clear to the marina owner that you will take full legal action against him at the first sign of his organization failing to uphold their end of the agreement. Make him sign the "plan" and keep the signed copy.

I would be AMAZED if the marina owner doesn't make a good faith effort to repair your damaged boat. You just need to stop talking to the yard idiots and service man and get to the owner.

(on the other hand, there are high profile marina dealership owners out there who could care less what you threaten to do to them - I know of several who have so many lawsuits against them that the threat of one more is insignificant).

i have to agree with audio. get the boat out of there unless they actually have the ability to do this type of work. by that i mean they normally offer this type of work at their shop and have a long standing history of quality in this area. trust me you dont somthing like running surface repaired wrong and i hate to say it but it is easy for poor work to be hiden by a bunch of mud.

like i said though. if they are capable and can back it up with referances you might still be OK.but you have no obligation to them THEY have the obligation to you and they need to disclose everything they are doing and how it is being done.

one thing really bugs me though. the repairs were started before you got a chance to see it.unfortunatly that tells me alot about the kind of people you are dealing with. its a very tuff situation you are and i feel badly for you. good luck, wish i could help.


mcollinstn- good idea with the warrenty on the repairs. get that in writing for sure.

You need to get down to that marina first thing in the morning and slap a stop work order on them. They should not be making any repairs until this whole mess is documented and agreed to by both parties.

You and your fiance need to take control of this situation right now. No offense intended, but I can't believe you are allowing them to do any repair work on your boat. As others have said above, you need an agreed upon repair plan including a professional inspection for structural integrity.

This is not a car fender or trunk lid,,,,, it's the thing that floats under you in the ocean!!!!! And that's what you need to tell them!

Take charge girl, go down there and get in the owner's face! Then don't leave without your boat.

Man, this story pisses me off. If that were my boat that SOB would wish he'd never met me!!!:hothead:

Unless they are self insured, there is no good reason why the marina owner should not cooperate with you. It is an insurance claim, pure and simple.

The advice you have received, document EVERYTHING with pictures, notes, etc., is very sage and will help you later whether this involves litigation or dealing with the marina's insurance adjuster. If the marina does turn it over to their adjuster, you would well served hiring a public adjuster to work on your behalf to settle the claim. Goodman, Gable Gould, Adjusters International, did incredible work for me on a shopping center fire. They also do other insurance claims. They have an office in Tampa. See how things go with the meeting with the marina and post the pertinent info.

You will get through this. The power of the OSO is behind you.

Yep, every once in a while, ya need the advice of a Phknlwyr. :D :D

Stay tuned in on this one Phk (ha,,, can I call you Phk,,,, that kills me). Let us know your take on this whole mess, maybe we'll all benefit from it.

Where are the pictures?

MAKE THEM STOP WORKING ON YOUR BOAT!!! I wouldn't have them touch another thing on it till you get it resolved. I've heard over and over about shoddy fiberglass work on boats. Whether or not you come to an agreement, have another shop do the repairs. That dealership will obviously try to cut corners to save money from their already costly mistake.

Good luck, We feel for you

Looks like you have already gotten some good advice. I hope this all works out for you guys. Keep us up to date on the progress.
Dan

I'd order them to stop any repair work.
Then get it surveyed ASAP!
Get a lawyer. I wouldn't attempt to rectify this type of situation on my own.

Before you call a Lawyer call your ins. co. Let them do the work. They will provide a lawyer if needed, your boat will be repaired/replaced at their dicretion and they will fight it out with the shop that it is in or their ins co. You have an obligation to contact them as soon as possible to get a claim started. They will sort out who is at fault, pay you, and subrogate the claim to the marinas ins co.

So, whats the status of this situation??