Insurance Thoughts & Questions
All
I have a insurance question and would like the forums point of view:
basically two years ago, I had some rocket launchers fabricated. The fabricator was relatively well known. I did my research and they fabricate ali boats regular from a recreational to commercial level.
Well any oo, some of you may of seen my boat and its white rocket holders. Well roughly two months ago, I was at chivers marine (not the company that built the rocket holders) and we were doing some work on the tub. They noticed these welds cracking. I asked to do a temp fix asap, as I was leaving to Exmouth for a month 3 days later.
Chivers advised me that the design of the launchers wasn't satisfactory, and the use of 20mm ALI tube should never of been done. It should of been fabricated in 40 at the minimum.
Anyhoo cut the long story short, we were driving to exxy @ 90 k and hour, and one of the welds fully cracked through.
Over the next two weeks we kept on doing temp repairs, till it got to the point it wasn't safe having the holders on the boat, and heading offshore generally into some rough seas. We proceeded to agree it was more safe just to cut them off.
Now here's the deal, I am trying to claim this on insurance, what is every ones thoughts?
I had a inspector come out late last week, and I was getting the vibe the claim most likely will be refused. ( I could be wrong hope so!)
I did submit to the insurance company, the Manufacture , dates it was built ( two years ago)......
a couple of questions and would love to here peoples thoughts:
A) It sounds like the insurance company could possibly reject this due to manufacturing....how the hell can I go back to a company of over two years ago and say this shouldn't of happened, fix it!
B) Do you guys honestly think this is a claim?
I will not name the insurance company nor the fabricator on the internet.
thanks.
brett
a hard days fishing still beats work
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Rob H
Posts: 5806
Date Joined: 18/01/12
hope im wrong but
I think you'll probably find that manufacturing faults are specifically excluded, have you had a look at the PDS?
If it didn't happen due to an "incident".
Similar to if you engine breaks down and not due to plastic bag, collision or supplied with dirty fuel (some auto/marine insurers) its not covered
From my Nautilus PDS exclusions
• inherent defects, structural faults, faulty workmanship
or faulty design;
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
Starbug
Posts: 563
Date Joined: 27/08/09
Not an insurance claim in my
Not an insurance claim in my opinion. An insurance company generaly only covers accidental damage/fire/theft to the insured item.
This is more like a poor workmanship/materials/design. Your only avenue is with Consumer protection/small claims. You would have to argue that the design/workmanship was substandard and shouldn't have failed.
Rob H
Posts: 5806
Date Joined: 18/01/12
I disagree with your last bit
I disagree with your last bit Starbug, at least with the Nautilus. Youd have to argue the workmanship was NOT substandard and it failed due some mishap (banged my head on it!)
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
Starbug
Posts: 563
Date Joined: 27/08/09
Let me clarify..... you would
Let me clarify..... you would have to convince small claims that the design/workmanship of the rocket launcher was inadequate and the manufacturer should repair/replace the item.
But if you banged your head on it /hit a low flying eagle/drove it under a bridge, and broke it, then insurance claim would be possible. :)
Rob H
Posts: 5806
Date Joined: 18/01/12
sorry your right I
sorry your right I misunderstood-I thought you meant go to small claims to force the insurer to pay for faulty workmanship
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
terboz123
Posts: 1358
Date Joined: 13/04/11
I will have to check my
I will have to check my contract will do tonight....
pretty disappointed in the fabricator if this is the result. Definitely wont recommend him at all....
you could say the incident happened in Exmouth... could of lied all the way but wanted to and always will be honest.
Oh well.....if it aint a claim I guess it aint a claim.
a hard days fishing still beats work
PGFC member
GCGFC memberlastcast
Posts: 216
Date Joined: 04/04/13
my guess is
that you have seven years to bring your argument, not two. secondly, get an expert
opinion in writing - chivers may be able to help with that. Third, after you are armed
with the experts opinion, try to negotiate With whoever did the 'job'. If no go, try
small claims/ Consumer affairs as the man said. If still no go, you need to assess
Whether or not the extent of your loss justifies a letter threatening a civil action.
Paul H
Posts: 2104
Date Joined: 18/01/07
I've had a fair be to deal
I've had a fair be to deal with Warranty Situations and advise the following.
Very unlikley to be an insurance claim as defects and warranty issues are most likely excluded.
First find out an email address from the manufacturer (Just asks for the email and don't tell them why) and via email (attaching a few photos) asking them what they can do to resolve fix the problem. Do this by email first so they are likely to reply via email and then you have a record of their reply
If the reply say's their warranty only went for 3, 6 or 12 months and as such it is out of warranty, - tell them they are bound under 'statutory warranty laws' to fix the problem. The law states a product must be fit for its intended use for a period the average consumer would expect taking the price paid into account. Clearly its not as the average fisho would expect the rocket launcher to last more than that (my $180 kit R/Launcher is more than two years old and going strong). If still no luck contact your local consumer affairs. A call from Consumer affairs might get them into gear or other option would then be taking them to small claims court.
Hope that helps
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keg
Posts: 398
Date Joined: 17/07/07
Paul H you sound like a lawyer.
i am dealing with lawyers on a matter nothing boating related and the statement(The law states a product must be fit for its intended use for a period the average consumer would expect taking the price paid into account) is a typical lawyer statement that can be bent any way they like to achieve the outcome they want.
Paul H
Posts: 2104
Date Joined: 18/01/07
Wish I got paid as much as a
Wish I got paid as much as a lawyer
. If I was a lawyer I'd have a bigger boat!!
Not the exact wording but pretty close to Consumer Affairs statements on Statutory Warranties
Have dealt with statutory warranties for myself and others a bit though. Last one was I put a new radiator in my car, 47,000km/16 months later it was leaking badly, took it back and was told they only had a 20,000/12 month warranty on it and they couldn't do anything. Pushed them on Statutory warranty saying it would be quite reasonable to expect a new $500 radiator to last over 100,000 and a couple of years at least. They then agreed to test it. They ended up refunding me the full cost (i had to replace the radiator to keep the car on the road). Theoretically they could have given me another radiator as they are only obliged to fix or replace but they came to the cause which was good of them.
Youtube Channel - FishOnLine Productions
https://www.youtube.com/channel/UCbUVNa-ViyGm_FTDSv4Nqzg/videos