Insurance: To file or Not File a Claim

[jpendoley]

Dean, I’ve filed in small claims once before-engine rebuilder welched on a warranty claim-he wound up paying me off for my full cost. I tried working with that guy as well.
I am in the marine industry and have been involved in lots of large boat moves-but we lift them with a crane. What really galled me was I specifically told them where not to block it that morning. So it’s simple negligence or a “mistake” but I’ll be darned if I’m going to foot the bill even if I lose the season. And if they are truly pigheaded I may have to have the boat moved (their expense) a different hauler, a rigger (stick is still up) and a crane. Now we are leaving small claims range. The 5 k was predicated on a sub they use (who I implicitly trust) in their yard giving them a break. That’s another reason I am so flummoxed by their intransigence. I’ve already given up on the idea of ever hauling out there again for winter storage. I actually would have been happy to continue doing business with them if they stepped up and did the right thing. Mistakes happen, responsible people take ownership over their own mistakes.

[bstreep]

Just a point: if you file a claim, it’s very likely that your insurance company will get them to pay, and then there probably won’t be a deductible.

Once you file a claim, they will have to provide you or your insurance company with their insurance information. They won’t like having a claim filed on them. You might point that out to them before filing.

[jpendoley]

bstteep-In fact I know they don’t want it to go through their insurance because the owner explicitly expressed concern about a rate increase BUT my boat is older (1980) and filing a claim even though I am not at fault could very well put insurance out of reach for me .Insurers are are dropping older boats and I’m afraid filing a claim would put a target on my policy.
Those the court route looks better-small claims if possible.