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99 SeaDoo GTS at dealer - hull filled w rain water

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whambino

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I had my 99 SeaDoo GTS at a dealer by my Mother-in-Laws house in Wisc. (I live in IL) for a month. The MPEM went out and there are none to be found anywhere. We have to keep checking w/SeaDoo I was told. Anyway, while it sat there resting on the trailers hitch (nose down) the hull filled w/water. (They had many days of heavy rain) The dealer said that when they lifted it level so they could drain it, the water went over the engine. I asked them if that was going to be a problem, they thought that most of the water was just up by the gas tank in the hull. They also said until we can find an MPEM to try and turn it over with out the plugs in we won't know if water got in the crankcase. This is making me sick to think about this! I am picking it up next weekend, what can I do to try and save my SeaDoo since the dealer doesn't seem to care other than to tell me that if water did get in the engine it will need to be rebuilt. They said that I have a 50-50 chance it will be ok. I think they should be liable, shouldnt they have checked all the customers PWC's for water? Someone please tell me what to do to better my chances of saving this engine.
Thank you
 
At this point there is not a lot you can do. You should document dates and times, conversations, get pictures is you can.

If water is in the motor, and it's been there for some time you are looking at a complete rebuild or a crate motor. Carb. rebuild, magnito, starter, oil pump a s*** load of money.

Lou
 
Shouldn't the dealer be responsible, they should return my Seadoo to me in the condition that it was dropped off in. There should have been a bailment created when they took possesion of my SeaDoo.
 
they are responsible. document everything and proof that it was not swamped when you left it in their care and proof that it became that way while in their care and then threaten with a small court claim. you may have to actually file if they dont take responsibility....
 
Exactly, that's where I was going to. I would wait and see what the dealer offers, probably depends on his insurance. That's why its so important to document everything, who knows, you might end up before Judge Judy.

Lou
 
Shouldn't the dealer be responsible, they should return my Seadoo to me in the condition that it was dropped off in. There should have been a bailment created when they took possesion of my SeaDoo.

Wham,

Commercial Insurance manager here and wanted to give you some advice. More importantly some key words and what you are looking for "legally speaking" to not only find coverage from their liability carrier but also convince them they need to file that claim.

First, I would do what I could to find out who their carrier is. If you find that out I can even get you a claims number and you can report the claim yourself. Not saying it will go as planned but will put pressure in the right spot. Nothing an insurance company hates more than learning of a potential claim from somebody other than the client. You might search your states workers compensation pools or auto carriers and sometimes if the dealer won't tell you, you can get lucky.

Second, you used the proper term of bailment for this issue but the dealer and most likely his agent isn't going to really know what the hell that means. In the auto/marine world it's covered under his "garagekeepers" policy and thats where the money will be found. The big term for small claims court, insurance adjusters, and for the dealer will be the terms....care, custody, and control as well as negligence.

In a simplistic yet very legal way of putting it. (and you have to do this with the dealers as they (as most owners) have never done anything wrong. When you dropped off your ski they took care, custody, and control of the ski. Now many dealers will argue that they are not responsible for theft, vandalism, storm damage....blah, blah, blah. and many times they are right. The question all comes down to negligence. Did your dealer do something that a normal person in their position, calling on their experience, education, and position; would have done or not done.

IE: If your dealer puts your car in a locked fence, locks the keys in the store, and it gets stolen he's probably not negligent. But say he doesn't have a fence, leaves the windows down and the key on the seat.....you can be he's buying you a car.

What makes your situation really unique and in my humble opinion is the fact that not only did they take custody of your property with an order to repair but if ANYBODY would be expected to know that you cant fill the engine compartment with water it would be a service department. What they did is something I would do, hell it's a jetski must be waterproof. But I'm an idiot and it's not my JOB to handle ski's and their service on a daily basis. The fact they are a dealer and service center actually ADDS responsibility to them. Just like I'm held to a higher standard with the insurance department because of my education and experience.

Their defense will come in the shape of weather, they (might) try and say that the ski was flooded by all the rain and it was not their fault that it happened. That should past the common sense test, if it happens ask for the names and numbers of every other ski that sat outside and if it happened to all of them.

Ask any more questions you might have, just understand I'm not in illinois nor am I an attorney. Just the guy who sells a lot of general liability and garage liability policies and pay claims like this all the time.
 
cover?

My ski's are stored outside in the summer, sit mostly level on the trailer, but both are under factory covers... i've never had an issue with water... are you storing them without covers?
 

I don't think he's taking orders right now. I have been trying to order from him all month and I just keep getting an auto response saying he is backed up from 4th of July weekend.

Tackleshep... I read on another forum where a guy said his ski was stolen by someone unhooking the trailer w/ski from his car while he was in a store or something and towing it away. He stated that his insurance wouldn't cover the theft because of how it was stolen.

he said his agent told him that they wouldn't cover it because it wasn't stolen from his garage where he told them he would be storing it.
Is this how it works?

Sorry for the hijacking I just wanted to ask the insurance guy
 
Tackleshep... I read on another forum where a guy said his ski was stolen by someone unhooking the trailer w/ski from his car while he was in a store or something and towing it away. He stated that his insurance wouldn't cover the theft because of how it was stolen.

he said his agent told him that they wouldn't cover it because it wasn't stolen from his garage where he told them he would be storing it.
Is this how it works?

Sorry for the hijacking I just wanted to ask the insurance guy

Well that is pretty interesting. Naturally (standard disclaimer) things are not the same State to State but for what I know at the very least this we explained to him very poorly.

For the sake of being absolutely clear you need to understand the difference between liability and physical damage coverage. This actually applies to cars, mowers, 4-wheelers, jet skis and boats and is crucial to knowing what your going to get.

Simply explained insurance for all this stuff is broken down into two basic coverage parts. Liability and Physical Damage. Phys Dam is also referred to as two other coverages called Comprehensive and Collision. (something you'll recognize from your car coverage.)

ALWAYS REMEMBER - Liability coverage will NEVER pay you a single dime. Liability coverage is ONLY there to protect you from a lawsuit or demand for payment from somebody you caused property or personal injury to. No matter what happens if you have liability coverage that will NEVER pay you for damage to your property.

Physical Damage coverage or comp and collision is there to pay for damage. Collision pays when you collide with something and comp pays for when damage occurs to your vehicle that is not collision. (Hail, hit and run, vandalism, theft, and actually deer or animal claims as well - don't ask me why)

It is IMPERITIVE that you know what the hell you have. At the very least ask your agent via email and give him examples. When he answers its his problem, save the email its as good as the policy. Always remember that your insurance policy is a legal contract and your agent has a responsibility to you. Make him do his job and the trust but verify. All agents have their own insurance to cover their errors. But read the policy and look for that physical damage coverage if thats what you want.

Now specifically to your guy. There are two common ways to insure you jet ski.

1. Some home policies allow watercraft to be added to the policy. Then some companies (like the one I have) only allows this endorsement to apply to liability. If you want physical damage protection you must buy a seperate policy.

2. The second (and widely most popular) option is to purchase a specific policy for your watercraft. This policy will consist of basic liability provisions as well as physical damage IF YOU WANT IT.

(Quick note: NEVER and I mean NEVER buy a policy with less than $100,000 in liability. If you can afford these damn jet propelled maintenance machines you can afford the extra $25 for good liability. Personally I insure mine at $300,000 and the put it into a $1,000,000 umbrella policy with everything else I own.) The average ski, wake, runabout now costs over $50,000 new. Cruisers god help us all. If you OR SOMEBODY RIDING YOUR SKI would happen to hit the wrong button and put your ski through a boat and you don't have enough coverage to cover not only the damage to their boat but the injuries welcome to losing everything you own. Guys we have all seen it on the lake, with these skis its just a flinch of the trigger finger by you or anybody riding and you can kill somebody or sink a boat.....be very careful.

My gut tells me in this case that the individual had not taken out a specific physical damage policy on his skis. He had his agent endorse him homeowners policy for the watercraft liability and since they are not vehicles the agent was trying to find coverage under his personal property in the homeowners policy which would make sense. Now whether or not he asked for Phy Dam or thought he had it is between him and the agent. Thats why I'm always perfectly fine when somebody asks for an opinion on or change in coverage I ask for it in email. That way you write what you want and I write back telling you that it's there. Then if it's not it's my ass and my clients can all feel safe at night.
 
tackleshep
Thank you for the info.
I personally have liability, comp and collision for my ski. It's own policy not relying on my homeowners or auto policy.
That other post just go me curious so I will email my agent now and let him clear it all up for me.
Have a great day.

and again sorry for the hijack
 
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