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Boat ramp accident. Need your guys opinion


dwc032

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May 2018, my boy and I were at the ramp waiting to put in. My son was waiting to back the boat down so he was driving. Well he left the truck in drive and was playing on his phone and let off the break, forgetting it was in drive.  Well the truck moved forward and hit the swim deck of a newer Sanger surf boat. It caused a quarter size chip in his swim platform.  Totally his fault and I was very apologetic and the other guy was super cool as well.
 

We swapped info and well after literally 100 text messages over the last 18 months asking for estimates and where I can send him money, he has only responded 3 times saying he hasn’t got the estimate yet. Well last week he finally gets back to me and says the estimate was 3500 bucks to fix the small chip. I asked him to send the estimate and I will pay it. He said he didn’t get an estimate and just asked the Sanger dealer what they think it would cost and they came up with 3500. I will pay it cause it’s my fault, but 3500 for a quarter size chip is ridiculous. Maybe there quoting a new swim deck. He wants the money paid to him not the Sanger dealer.  
 

Any thoughts on what to do next?  I did take pics, but for the life of me I can’t find them. Like I said it’s my fault, and will take care of it, but 3500!

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I assume you have the guys info, name address and what not. I would call the sanger desler snd vetify what they quoted. In no way would i be sending the guy that kind of money before seeing the actual repair bill. I would happily psy the dealer if that was the actual repair bill, but that figure seems absurd.

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Wow. Sucks. I had a chip fixed 5 yrs ago, $350. I would say, bring some cash, how much you think, then meet him preferably at the loc of the boat., and hash it out. If you want to go above and beyond do what you think is appropriate. If he refuses to cooperate,...well you have the money and he has the chipped gelcoat. You can tell him, this is what I will pay, it is 50% more that what it costs to fix. Take it or leave it.

Edited by carguy79ta
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Find the pics and get your own estimate.  It sounds like he doesn't even care about the chip and is just soaking you for cash.  If its a chip in gel, that sounds more like $3-500 problem than a $3500 problem.  

Edited by jjackkrash
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Give him the old-- 'New phone, who dis?'

Just kidding. I applaud you for standing up and trying to take care of this. I agree that on the surface his price could seem out of line, however if they have to replace the pad and/or trim around the outside it can add up, plus not too many places repairing/blending sparky gel coat so there can be a premium attached to that. Best to ask for the estimate in writing or meet at 3rd party facility if there's one around.

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1 hour ago, Ronnie said:

I would ask for the exact same estimates your insurance would ask for. If he doesn’t want to provide those, wait until he dies. Document everything. 

This! If the cost to repair is much greater than your deductible, I'd already be considering using insurance.

But if I'm self insuring, definitely going to need an estimate on paper.

The request should be "simple"; "For an amount like that we're going to have to file a claim with my auto insurance"

 

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Yes I have all his information and I have documented all our conversations and texts. 
 

 Thanks for the replies!!   I told him I need an estimate form his Sanger dealer before I pay this much. I have up to three years to use my insurance. I already contacted them and asked. He said he will get an actual estimate from the Sanger dealer this next week. I will post pic of estimate when I get it. 
 

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I tell people if they are in any kind of accident to get full pictures of all the damage.  Like Jeep said, he could have backed into something that ended up damaging the brackets and/or transom also.  Without pictures you have no proof that your son didn't inflict that damage also.  I know...too late know, but maybe for someone in the same scenario.

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No way I would pay the person directly only option I would give is to pay the shop directly. I would get the quote from the shop and also speak to the shop directly to make sure there isn't additional damage that he is trying to include as others have mentioned. 18 months later, no written estimate, and wanting to be paid directly all just seems fishy he probably just needs the money and isn't planning to actually have the repair done.

Edited by tbullard
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I agree with what @Ronnie says, the only diff is, he doesnt have to get the repair done. He can just take the money since that will "make him whole". But like what everybody says, unless he has the estimates, dont worry about it.

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Well after telling him I'm not paying until I get an estimate he finally sent me this.  No idea how he got it done so fast. I’d say he’s had it for a while, but was trying to get more money.  The estimate was $1180, I still thinks that’s a little high, but in the end it was our fault and want to be done with this. 
 

Thanks for your guys opinions!  

D1429426-376E-4DAF-AB08-2F2A139E3CE2.jpeg

Edited by dwc032
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Tell him you need a detailed itemized estimate just for the damage in question, not a parts and labor line item on a work order with other,  from the dealer. 

Sounds like the dealer is quoting a replacement swim platform. Most dealers do not even employ a gel coat specialist, they just sub it out. I would not expect a quarter size ding to be more then a few hundred. But as noted, go direct to the source. If you let him have it quoted or done through his dealer, they add their markup on top. 

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5 minutes ago, MLA said:

Tell him you need a detailed itemized estimate just for the damage in question, not a parts and labor line item on a work order with other,  from the dealer. 

Sounds like the dealer is quoting a replacement swim platform. Most dealers do not even employ a gel coat specialist, they just sub it out. I would not expect a quarter size ding to be more then a few hundred. But as noted, go direct to the source. If you let him have it quoted or done through his dealer, they add their markup on top. 

Yup - guy has already shown himself to be a con artist with the $3500 number

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Is that invoice how he sent it to you or did you crop it and color over it before posting it? If that is how you received it I would be wondering what he is hiding and why he doesn't want you to see the entire invoice.

Edited by tbullard
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Find the photos you took.  Make the effort and do it.

Take the photos to whoever your dealer recommends for glass repair.  Show them the photos, and they should be able to give a rough estimate.  Cut a check and send it for that amount with the estimate from the repair facility.  Add a little $ if it makes you feel better, or tell him that if he gets it fixed at that shop and it is more expensive, you will work with him on it.

The guy deserves some money wether he gets the boat fixed or not.  But even that $1180 estimate seems high.

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Having a background in similar situations, my .02 is that if you do mail him a check (whether its for this amount or for a different amount)...in the memo line make sure you write Agreed settlement & PAYMENT IN FULL for damage caused on ??/??/????. If he cashes or deposits the check it basically creates a contract that he has agreed to by cashing/depositing the check. Since you wrote it on the memo line and he say it before cashing the check, it becomes an implied contract that is pretty easily enforceable/defendable.

If you meet in person to settle, (besides still writing in the check memo line) also have him sign something you handwrite along the lines of: This payment is the agreed settlement amount by both parties and is payment in full for all damages related to this accident that happened on "??" between "my vehicle" and "his Sanger boat" (inserting the details).

If you pay him any amount but do not have some kind of documentation similar to above....he could potentially file a civil suit against you in the future for additional amounts for any number of reasons. IE: What if for some reason he starts getting spider cracks in his transom? Regardless of the real reason, he could say that the "crash" into the swim platform caused the metal swim platform brackets to impact the gelcoat and that impact caused the spider cracks and it took 2-3 years to manifest. In today's society, this list could go on and on. Regardless of whether its legit or not the time/energy and the hassle of dealing with it would quickly wear on you and if at that point you hired an attorney (even if Civil some people do this)....its very likely that the attorney is going to tell you to just "settle" and be done with it cause the costs to defend could quickly add up.

FYI....even if swim platform was being replaced and there was proof that it needed to be done due to the damages. What he would be entitled to under the law is the cost of a DEPRECIATED swim platform which is basically the amount you would pay if that swim platform was bought used. Not all judges follow that rule of thumb since they have discretion depending on the situation, but that is how the law reads.

Good luck with this. Personally I agree with most of the others on here saying to not pay anything till you see and speak too a repair shop about what is involved. Could it cost $1180 if its flake gelcoat and the pad has to be replaced to complete the repair....possibly, especially when you add in the dealer markup (which is likely half of the quoted amount). Otherwise for a small chip in regular gel-coat that can be matched, hell no!! Once you have an agreed price between the 2 of you, then it doesnt matter if you pay the repair shop or pay him directly like he requested since whether he fixes it or not is irrelevant as he is entitled to be "made whole". Based on what I have heard this is a con artist at work trying to get as much out of you as possible.

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Too bad the Statute of Limitations isn't sooner.  :)  You are being hustled.  Big time. Unless you can arrange the fix with the dealer or another reputable shop, I'd tell him to file  a small claims suit.  He's a shyster.  My buddy's MC had some horrid gashes from  the neighbour's pontoon boat   (some gashes  1/4" deep and 4 inches long) and about  half dozen of them - cost to fix was $500 CAD or so and you cannot tell.  Not on metalflake though.

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5 hours ago, tbullard said:

Is that invoice how he sent it to you or did you crop it and color over it before posting it? If that is how you received it I would be wondering what he is hiding and why he doesn't want you to see the entire invoice.

He sent that invoice to me via text. I know I probably should see and actual work order, but at this point I just want to be done with it. I have paid the Sanger dealer directly and asked why it was so high. He said it was orange metal flake gel coat and they have to pull the pad in order to do it right.  And I have looked for the pictures, no idea where they are.  I also put on the check paid in full for small damage to swim deck on 5-25-18. 
 

Once again thanks for all your guys input and feedback.

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