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  #1  
Old 03-17-2017, 08:52 AM
MarkIV
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Default plow damage to boat

Well my kayak

Don't know what to expect.
Ok this is at my own house, we had a lot of snow, way away from were they always plow the snow, a service (big commercial company) sent a kid out with a Bobcat to move snow piles,..for some reason he went way over to an area that was never plowed before and hit my kayak with his bucket. . Now this kayak was between a garage and a fence (about 3 feet of space) it was pushed back about a foot and a half past the edge of the garage, Somehow the kid got the edge of the bucket into that area enough to break the nose of my kevlar kayak,..(BTW I learned to drive via bucket loader,..as a kid we had a small construction company and thats what I did for summers since I was 13,... thousands of hours under my belt,..this was hard to get the edge of a bucket into that space)..I'm told it can't be repaired to any reliable function .

The kid also knocked down my fence,..I'm sorry for the kid but I love my kayak,..its ruined. So I asked the owner of the snow service to look at it,...he said w/o doing that "just let me know the cost and I'll take care of it"

However I think he thought it was a cheap ABS one,..I sent him the cost of a replacement and with shipping its 3700.
I think he is balking of paying out of pocket for that.

So I get a message from apparently his insurance company,..to"talk",...I never have put in a claim for any damage on my insurance....much less anyone else's,..

What would you expect?,..the kayak was in perfect shape although 5-6 years old,..I don't have any receipts to the price when I purchased it (only one company makes these)

So will the agent want proof of purchase? will he try to depreciate it?

If he tries too hard to low ball it should I threaten getting and independent claims person involved? I know it may not be worth doing that but may have the claims agent also not want that to happen.

I could turn it into MY insurance,...but I don't want the claim to be on my CLUE report (also I'm not sure what deductible I have on this property) I imagine if my insurance was to pay for their damage they would seek payment reimbursement from the snow company.

How would you handle this?

Yes the snow covered the Kayak, but it was illogical to try to pile/move snow back there. In 30 years no one ever did any snow work there.
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  #2  
Old 03-17-2017, 09:37 AM
Big Coldfront Big Coldfront is offline
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First thing, they ARE responsible for the damage unless you forgot to tell us something. The plowing company is responsible to put you back in the position that you were at prior to the loss so your little boat will be depreciated. If your kayak is insured on your homeowners policy as contents, you will likely have a replacement cost settlement. If it was scheduled on your homeowners it most likely will be paid as an Acv{ actual cash value} settlement. Cost new minus depreciation. Call your agent and discuss this as he will know your state laws and policy features. They will subrogate the loss to the contractors company. Mrt.
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  #3  
Old 03-17-2017, 09:55 AM
REW REW is offline
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Mark IV,
Go to a store and get a quote for a replacement and have them print out the quote.

Take the quote to the snow plow company and ask them to get you the kayak and put the new kayak back in the back yard.

But, yes, the power company is 100% responsible for any damage caused by their company.

In this case, damage means full replacement of the boat.

Be safe

p.s.
I have mentioned this story before. When my son was going to college he had picked up a used car with a bad transmission. We picked up another transmission and installed it into the car. Then, I told him that if he did the body work, I would pay for a paint job on his car for his birthday. So, he went off to college with a used car that was pristine. Later that year on a cold January day - I received a call from my son stating a no start issue with the car. I thought that it sounded like a bad fuel pump, but I was not about to drive down to the school and lay on my back in the cold snow to drop the tank and change the fuel pump. So, I suggested that he take the car to the local dealer for that brand car and that I would help with the repair cost.

So, he did. The car had been repaired, and the car was being lowered on the lift. In this garage, the lift was a dual hydraulic ram, with one ram supporting each side of the car. As the car was being lowered, suddenly one ram gave way and the car fell heavily on its side, causing severe damage to the pristine vehicle. My son called me explaining the situation. I figured that there should be no issue since the car was in the car of the dealer ship at the time of the accident.

So, I called the owner of the dealership and asked when my sons car would be repaired. He replied that I would have to talk to his insurance company who was handling the claim.

When I called the insurance company, they wanted to total the car and give my son a fraction of the value of the current value of the car as it came into the dealer ship. I refused to listen to this option. I called the owner of the dealership back and asked for the name of the best body shop in town. After I had the name, I called the body shop and asked them to pick up the car and repair it and I would guarantee the payment for the repair.

Then, I got on the phone and called the insurance adjuster morning, noon, and night asking for payment of the bill by the body shop.

Finally, on the day that the car was finished, the insurance company gave in and paid the bill.
It irritated me, but they wanted a bit of my skin and asked for a copay of $300 - which I gave up, simply to get the vehicle back into the possession of my son. But by persistence, the insurance company paid money that was several times the initial value of totaling the car that was going to be given to my son.

My logic was that the car was pristine at the time that it went into the garage and that is exactly the same way that it should have been returned to me.

By the way, the owner of the dealer ship, picked up the bill for changing the fuel pump so it all worked out all right.

The key - was persistance.
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  #4  
Old 03-17-2017, 09:59 AM
LOW1 LOW1 is offline
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So far it sounds like both the plow company and his insurance company are being reasonable. The most that you are entitled to is the current value of the kayak. That value is not determined by some magic formula and I don't know of any "Blue Books" or similar value guides for kayaks. So, everything that is relevant to value can be considered. What you paid for it, depreciation, what new ones cost, what used ones sell for on craigslist, what a dealer might value it at, what condition it was in, how old it is, and anything else all come into play in determining the value.

Now if he had hit your 5 year old used car you wouldn't expect a new one, would you?

A new one is $3700? An offer of $2500-3000 would probably be fair. And get an estimate for the fence repair.
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  #5  
Old 03-17-2017, 11:26 AM
lakedog lakedog is offline
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Quote:
Originally Posted by MarkIV View Post

So I get a message from apparently his insurance company,..to"talk",...I never have put in a claim for any damage on my insurance....much less anyone else's,..
He probably wants to see how you will react to what they are willing to offer prior to cutting a check. I would search for a used replacement Kayak on line to get an idea of what they typically sell for. You can use that to gauge whether or not the offer is reasonable.

If you want a new kayak you probably won't get that from the insurance company but you might get it from the plow company. Call them if you're dissatisfied with what their insurance company is willing to offer and they might just make up the difference for a new one. Your customer experience is important to them and in all likelihood they're more concerned about having their reputation tarnished than saving a few hundred bucks (or even a thousand). In the grand scheme of running a business it's not a lot of money for an isolated incident.
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  #6  
Old 03-17-2017, 11:46 AM
Bill Krejca Bill Krejca is offline
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Maybe it is just my memory, but I seem to remember a quite similar scenario from a year or two ago?

Bill
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  #7  
Old 03-17-2017, 11:48 AM
Aspencreek Aspencreek is offline
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As an insurance adjuster, this would be a fun one to see what happens. As an adjuster I do what was also described, look for comps, what a new replacement would cost, and assess what repairs would cost. Compile the info and send it to the insurance company for them to determine what they will do. Your insurance company policy determines if you have full replacement, or ACV. If you make a claim with them, they will in all probability go after the other insurance company, you will know nothing about it. If I were you, call your agent to find out what kind of coverage you have, if it's full replacement, perfect, take it and walk away, no matter what your agent tells you (they may have a conflict of interest here). If not, keep the lines of communication with the plowing insurance company or the operator himself open and see what kind of offer they have, reminding them that you could and will make a claim with your company (they know what that means). Good Luck and keep us in the loop.
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  #8  
Old 03-17-2017, 12:45 PM
MarkIV
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To Bill K,...not from me(?)

Ok the question is how are they going to determine the depreciated value? #1 I don't have receipts of when I purchased it and #2 I'm pretty sure the price of a new one to replace it has gone up.

To aspencreek: I know about CLUE reports,..(I'm a landlord) even asking my insurance agent will get a mark on it,..I would rather not have my ins company involved.
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  #9  
Old 03-17-2017, 04:34 PM
MarkIV
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I don't think I'm being greedy,..the kayak was perfect. Absence of this incident would not require a new one.

Anyone think the services of an independent claims adjuster (I know they are usually used for much bigger things) but if this insurance adjuster wants to really lowball the award.

I once knew an adjuster that told me that he wen to required seminars on how to intimidate and influence people to take less. He was a health adjuster and just one example,.. he said to little old ladies things like that they couldn't have conservative back care for very long (ie physical therapy, Chiropractic etc) and would have to "get it done" by having surgery or take the small lump sum to satisfy the case. (totally illegal but would put nothing in writing) Many of not most would take the small lump rather to get surgery or have the case closed.

He said he had a lot of tricks to close the case and people that didn't take weekend seminars that taught tricks and tactics were at a great disadvantage and babes in the woods..

Ironically he got into a car accident and couldn't work and they pulled a lot of tactics on him.

But in knowing him and his stories about manipulating people, I tend not to trust insurance claims agents. (my apologies if there are moral ones here)
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  #10  
Old 03-17-2017, 07:01 PM
Not Dave from State Farm
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Quote:
Originally Posted by MarkIV View Post
I don't think I'm being greedy,..the kayak was perfect. Absence of this incident would not require a new one..


But in knowing him and his stories about manipulating people, I tend not to trust insurance claims agents. (my apologies if there are moral ones here)
I suspect that it wasn't so perfect since you found it acceptable to leave it out in the elements. But heck, what do I know?

Insurance folks are used to being manipulated by greedy claimants also. Not saying you are one at all, but certainly you can appreciate why they are skeptical too.
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