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Storm damage

  • 28-02-2020 4:20pm
    #1
    Kiwi John
    Registered Users, Registered Users 2 Posts: 77 ✭✭


    My boat is moored in a marina and last weekend the boat next to mine broke its stern line and hit my boat doing alot of damage to my boat. I contacted the owner who gave me his insurance details and i contacted them only to be told it was an "act of God" and was not covered.
    Are they just trying it on or can they get away with this and if so what is the point of insurance?


Comments

  • #2
    sogood
    Registered Users, Registered Users 2 Posts: 1,258 ✭✭✭sogood


    Kiwi John wrote: »
    My boat is moored in a marina and last weekend the boat next to mine broke its stern line and hit my boat doing alot of damage to my boat. I contacted the owner who gave me his insurance details and i contacted them only to be told it was an "act of God" and was not covered.
    Are they just trying it on or can they get away with this and if so what is the point of insurance?
    As an atheist, I would personally object to being fobbed off in an effort to avoid paying out on a legitimate claim., by an insurance company invoking some "smoke and mirrors" mumbo jumbo.
    Insurance companies, like the legislature, are supposed to deal in "the facts". Those are the indisputable details of any given situation, with no leeway given for any personal or emotional investment. But then, when it suits them, they blame "God". Take your pick, as they don't specify which particular "god" they are referring to. I suppose different "gods" are invoked depending on what country or ethnicity you belong to. And surely if "God" was to blame, he/she should then be called as a witness in any subsequent court case. I rest my case.
    PS. In case you hadn't gathered as much, I detest insurance companies and see them as a necessary evil.


  • #3
    AndyBoBandy
    Registered Users, Registered Users 2 Posts: 15,722 ✭✭✭✭AndyBoBandy


    If the boat owner beside you had moored their boat with extra lines in anticipation of the impending storm, the boat probably wouldn't have broken free. When I'm on the marina in Malahide, and a storm is forecast, I'd always go down prior and check everything is secure, and add additional lines if necessary.

    I.E. The Storm might have been an 'act of god' but the boat next to yours being not moored securely is not any 'act of god'

    Would you contact your own insurance company, and seek their advice on how best to proceed.


  • #4
    Tabnabs
    Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 15,750 Mod ✭✭✭✭Tabnabs


    AndyBoBandy wrote: »

    Would you contact your own insurance company, and seek their advice on how best to proceed.

    The absolute first thing to do.

    It's not an act of God, it's material failure either down to the line parting, or the cleat breaking. Whether due to lack of care and maintenance by other party, it's not your or any supernatural beings fault and you are the injured party here.

    A good broker, in my experience, is worth their weight in gold in these circumstances and handle the matter without giving you further cause for concern.


  • #5
    Steve
    Registered Users, Registered Users 2 Posts: 22,584 ✭✭✭✭Steve


    It's not a legal defense in a criminal case to say 'an imaginary being did it' so why should it it be allowed in an insurance claim. Nuts.


  • #6
    Bio Mech
    Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    The act of god bit is just a term for severe/un foreseeable events. It’s in the terms and conditions for a lot of policies. However I didn’t realise 3rd party damage wasn’t covered. As said above I would definitely getting into my own insurance company to seek their advice.

    After that you could still possibly take a case against the owner or marina perhaps. But I’m no marine legal expert so take that with a pinch of salt. I do recall the “act of god” bit in our last policy though for sure.


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