Island Time 1,235 Posted February 19, 2013 Share Posted February 19, 2013 Maybe. Maybe the pin was removed post incident. This is what you have insurance for! If it's a genuine accident, you should not have to pay, the other vessel was at fault. Whatever caused the accident is irrelivant. Worth filing the docs in the small claims court I would think. Link to post Share on other sites
Adrianp 120 Posted February 19, 2013 Share Posted February 19, 2013 I quote from Chris Laird's report: I've also recently dealt with Chris Laird and I found his "fault logic" a bit "interesting" Link to post Share on other sites
Clive 13 Posted February 20, 2013 Share Posted February 20, 2013 Maybe. Maybe the pin was removed post incident. .... My thoughts too. Also the repair was done using a nut and bolt! Chris Laird thought that this us up to standard! I couldn't believe it and questioned his ability and did make a rather large noise. All to no avail. Nuts... Link to post Share on other sites
Island Time 1,235 Posted February 20, 2013 Share Posted February 20, 2013 prob why he thinks this is a normal occurence (nut and bolt falls out!) Link to post Share on other sites
Guest mental outlook Posted February 20, 2013 Share Posted February 20, 2013 I've also had to deal with the same assessor in the past.. painful. Tried every trick in the book to get out of paying out on the claim, even to the extent of telling us we were not sailing the boat properly. This to 2 guys with multiple national and international regatta experience and more sea miles than he could even dream of. "Ahhh yeah okay mate...". Clive you should seriously look into that, it's just not right. Link to post Share on other sites
Clive 13 Posted February 20, 2013 Share Posted February 20, 2013 Clive you should seriously look into that, it's just not right. Not sure what my options are... I made a real fuss at the time and I even have a mate in the industry who said that this what happens.. Link to post Share on other sites
morspeed 1 Posted February 20, 2013 Author Share Posted February 20, 2013 I've also had to deal with the same assessor in the past.. painful. Tried every trick in the book to get out of paying out on the claim, even to the extent of telling us we were not sailing the boat properly. This to 2 guys with multiple national and international regatta experience and more sea miles than he could even dream of. "Ahhh yeah okay mate...". Clive you should seriously look into that, it's just not right. Be handy to know which insurance company/ies this guy assessors for, would assist in my choice of future insurance policies. Anyone know?. Link to post Share on other sites
Clive 13 Posted February 20, 2013 Share Posted February 20, 2013 Be handy to know which insurance company/ies this guy assessors for, would assist in my choice of future insurance policies. Anyone know?. Vero/Mariner It gets worse though as the launch owner works for AMI Link to post Share on other sites
Adrianp 120 Posted February 20, 2013 Share Posted February 20, 2013 In my case, Chris was acting for NZI, against me and my insurer....... NZI! Had a collision with another yacht, protest found us not to be at fault, he pursued us anyway. Link to post Share on other sites
Clive 13 Posted February 20, 2013 Share Posted February 20, 2013 Well you're buggered Yep! ...Should mentiion to his boss what he did and ask why he never fronted with a note. That's the other hit and run... my guy was caught on camera and also fronted up to security.... Link to post Share on other sites
morspeed 1 Posted February 20, 2013 Author Share Posted February 20, 2013 Be handy to know which insurance company/ies this guy assessors for, would assist in my choice of future insurance policies. Anyone know?. Vero/Mariner It gets worse though as the launch owner works for AMI Well, thats Vero and Mariner off my christmas card list. Link to post Share on other sites
wheels 543 Posted February 20, 2013 Share Posted February 20, 2013 The failure of the retaining pin is just one of the things that happen from time to time, and in my opinion I cannot see that the third party has been negligent in the upkeep and maintenance that would have otherwise prevented the failure of this pin. The remains of the pin have not been located and are probably lying somewhere beneath the motor. I do not believe the third party has any liability in the matter." Link to post Share on other sites
wheels 543 Posted February 20, 2013 Share Posted February 20, 2013 Sorry for the post above. It took me too ong to edit. The failure of the retaining pin is just one of the things that happen from time to time, and in my opinion I cannot see that the third party has been negligent in the upkeep and maintenance that would have otherwise prevented the failure of this pin. The remains of the pin have not been located and are probably lying somewhere beneath the motor. I do not believe the third party has any liability in the matter." So lets pull this apart. "The failure of the retaining pin is just one of the things that happen from time to time, and in my opinion I cannot see that the third party has been negligent in the upkeep and maintenance that would have otherwise prevented the failure of this pin" Complete and utter bollocks. First of all, the guy has not found the Pin, so how does he know if there was a Failure of the Pin, or if the Pin fell out. There is a difference right there. If the Pin failed, why did it fail? If it fell out, then why did the retaining clip or pin fail? The answers to those questions would determine if the "third party" was negligent or if it was a metal failure for a start. The remains of the pin have not been located and are probably lying somewhere beneath the motor. This guy was negligent in not finding that Pin and determining the real cause. If he was a Surveyor, then you can actually take him to court on that. With a good lawyer, you could have some pretty hefty books thrown at him. I do not believe the third party has any liability in the matter." Is he an independent Surveyor, or Mechanic or is he employed by the Insurance company. Because as Independent, he has no Right or Duty to make such a decision. The is for the Insurance company to make. If he is employed as the Insurance Assessor, then that is different. I reckon you have a very strong case that with a good lawyer you could get a more than just your Excess back. Lets put this another way, If you came into a Marina and any part of your Propulsion system failed in what ever way shape or form and you smashed into a Dock and totaled it. Who do you think the Marina Company would be going for Damages ???? I can assure you that it won't be them wearing the cost. That is why they demand every boat in their Marina is insured. Or an even better example. If a wire shorted and caused a Fire that spread across the Marina destroying lots of boats, once again, no one else would be saying, oh well those things happen. Link to post Share on other sites
Guest Posted February 20, 2013 Share Posted February 20, 2013 Totally agree Wheels however the insurance Companies know it will only take an hour, maybe an hour and a half to incur enough legal bills to make it not worthwhile for say a $500 excess. Even at a grand its a fight not worth pursuing unless you have free legal advice that's prepared to do it for free. Sadly, the world is an unjust place. The w@nkers. Link to post Share on other sites
Island Time 1,235 Posted February 20, 2013 Share Posted February 20, 2013 I understand he is an assesor. his job is to save money for the ins co. seems he's good at that. I had a similar issue with car ins once. i gave the ins co 24 hours to provide a chq or i'd file in the small claims court. they paid. you should do the same. its not the $500,its the principle! Link to post Share on other sites
Guest Posted February 20, 2013 Share Posted February 20, 2013 Are posts being deleted to appease site advertisers? Link to post Share on other sites
Guest Posted February 20, 2013 Share Posted February 20, 2013 No, to save me from being sued. Link to post Share on other sites
Guest Posted February 20, 2013 Share Posted February 20, 2013 Obviously you are worried by the insurance companies as my earlier post calling the Scottish Lord a fraudster hasn't been deleted. Headline "New Zealand's Premier Sailing Website Falls Victim To Industry Pressure To Curtail Information Flow". Link to post Share on other sites
Clive 13 Posted February 20, 2013 Share Posted February 20, 2013 I have just made enquiries at the ISO - http://www.iombudsman.org.nz/ will keep you informed. Link to post Share on other sites
Clive 13 Posted February 20, 2013 Share Posted February 20, 2013 wow that was quick! "An excess represents an uninsured loss. Consequently, it is your obligation to pay the excess if a claim is made. However, if a third party is at fault then generally, it will be their obligation to reimburse you for the cost of the excess. However, generally, the insurer has no obligation to pursue the third party, on your behalf. Therefore, if you believe the third party is at fault, I suggest you consider getting legal advice in order to pursue the issue in the Disputes Tribunal." Link to post Share on other sites
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