Florida Boat Insurance Claims Lawyer
Owning a boat opens the door for all sorts of adventures and allows you to engage in hobbies you love (or may come to love), such as fishing or tubing, but what happens when damage occurs to your vessel? You’ll need to file a boat damage claim with your insurance company.
On the surface, filing an insurance claim sounds relatively simple. You contact your marine insurance provider, let them know what happened, and wait for them to cover the property damage or medical bills related to the incident. It may seem simple, but a property damage claim involving your vessel may not go so smoothly.
For one, your insurance company may fail to handle your claim in a timely manner. Even worse, they may delay payments or even deny your claim altogether. And when that happens, you need a law firm that understands boat claims.
Here’s everything you need to know about boat damage claims in Florida, including how to find a legal team to hold your insurance company accountable.
Different Types of Boat & Marine Damage
Your vessel can incur damage in many different ways. The most common types of boat damage that you need to be aware of include the following:
- Collisions: A crash between boats can leave you and your passengers injured while causing severe damage to each vessel involved
- Weather-Related Damage: Sudden storms, hurricanes, lighting, and hail are all things you need to be familiar preparing for and dealing with
- Fire: Onboard electrical issues, fuel leaks, lighting, or other external sources can all spark a flame
- Grounding: When your boat runs aground, it can damage the hull and other important components
- Sinking: Partial or complete submersion of your vessel often leads to extensive damage or a total loss of the boat altogether
- Theft and Vandalism: Losses can also result by way of stolen equipment or intentional damage by third parties
When you file an insurance claim, you’ll need to provide evidence of the type of damage your vessel suffered and the extent thereof. Make sure you use the correct wording when describing the damage to your insurance company, and don’t make assumptions. Simply provide any facts you are aware of and submit photographs or other forms of proof so that the adjuster can begin reviewing your claim.
Understanding Your Insurance Policy
You don’t want to wait until you need to file a boat damage claim to look over your insurance policy. You need to know what your provider will cover and what’s excluded. The last thing that you want to do is assume you are protected from a specific type of incident only to file an insurance claim and get denied because of gaps in your policy.
With that in mind, the different types of coverage your policy should include are as follows:
- Liability Coverage: Protects against legal responsibility for bodily injury or property damage to others
- Collision Coverage: Covers repair or replacement costs if your boat is damaged in a collision
- Comprehensive Coverage: Provides protection against non-collision-related incidents, such as theft or weather damage
You’ll also need to review your policy limits and deductibles. Your policy limits are the maximum amounts your insurer will pay for covered losses, and they vary based on the type of claim. As for deductibles, higher values can lower the costs of premiums but increase your out-of-pocket obligations when you file a claim.
One of the most important parts of your policy, though, is its exclusions section, which lists any situations or forms of damages that your insurer will not cover. Common exclusions may include wear and tear or damage from marine life. Some companies may also add hurricane exclusions to your policy or require a higher deductible for hurricane-related claims.
Assessing and Documenting the Damage
A proper assessment and documentation are both critical in the claims process. Make sure that you and your passengers are safe before attempting to photograph or document the damage to your boat. If anyone is injured, seek immediate medical attention. If you are not injured and are able to assess the damage, confirm that there are no hazards like fuel leaks.
Take photographs and videos of the boat, ensuring you capture clear images of all affected areas, and note the date, time, and location of the incident. If anyone witnesses what happened, collect their contact information so you can pass it along to your insurer. The adjuster may want to speak to witnesses during their investigation.
If your boat is stranded far from a dock or boat ramp, do what you can to prevent additional damage. That may include marking the vessel with flairs and deploying your anchor while you await a tow.
Finally, report the incident to your insurer. They will send out their own adjusters to provide an estimate for repairs or replacement of your vessel, but you can hire a public adjuster to provide an independent assessment. Public adjusters are not beholden to insurance companis and may be able to provide a more objective investigation as a result.
Filing an Insurance Claim With an Insurance Company
Promptly initiating your claim with your insurer may help expedite the claim settlement process. Contact your insurance provider over the phone or use their online claims portal, if applicable, to file.
In doing so, prepare yourself to provide some basic information to initiate the claim, including your policy number and/or the hull identification number of your vessel. You will also need to provide a detailed description of what happened and any documentation that you collected. Make sure that you complete all claims forms accurately, as even seemingly minor errors can result in processing delays or denials.
You’ll want to keep a record of all communications with your insurer, as well, saving every email and documenting any phone conversations. Maintaining a detailed timeline of events will be especially important if you have to hire attorneys to assist with your claim. Your attorneys will need as much supporting documentation as possible to protect your rights and obtain the compensation you deserve.
Working With an Insurance Adjuster
After you file your claim, you will be assigned an adjuster, an individual who will review your boat damage claim to provide an estimate of the damage.
Steps you can take to speed up the assessment process and ensure a fair evaluation include the following:
- Attend Inspections: You should always be present when insurance adjusters are assessing your claim and reviewing the damage to your boat
- Share Documents: Provide the adjuster with any requested documents, as well as any photographs or videos you collected
- Maintain Professionalism: Be polite and honest, and don’t make speculative statements; stick to what you know about the incident
- Consult a Third Party: You can hire public adjusters to provide a second opinion on the value of your claim
Regarding that last point, keep in mind that your insurance company is not obligated to use the estimate provided by a public adjuster. However, if your public adjuster’s estimate is much higher than the amount of compensation offered by the insurer, you may be able to appeal the original payment offer.
Likewise, if you believe that your insurance company is lowballing you and that the money they offer won’t cover the necessary repairs for your boat, you can negotiate for a higher settlement.
Negotiating a Fair Settlement
Boats are undoubtedly expensive to repair and replace, which means there’s a good chance that your insurer’s settlement offer won’t cover all of the reported damage to your vessel. The good news is that you can negotiate for additional compensation.
Start by carefully examining the adjuster’s assessment to ensure that they have accounted for all of your damages and needed repairs. If they omitted any of your needs, notify your insurer right away so that they can create an amended assessment.
You’ll also want to consider getting repair estimates from reputable marine shops in your area. Getting at least three estimates will help you accurately evaluate your insurer’s offer. If the company has a recommended network of marine repair shops, obtain your estimates from those businesses so your insurer will have a tough time contesting your estimates.
If, however, your insurance company won’t budge or fails to negotiate in good faith, consider hiring a lawyer to negotiate on your behalf. Kennon Law has decades of experience and is accustomed to fighting Florida insurance claims. Our team will work to obtain a fair offer on your behalf so that you can get your boat fixed and back out on the water.
Handling Denied or Underpaid Claims
Dealing with denied or underpaid boat damage claims can be incredibly frustrating, especially if you did everything the insurance company asked and provided plenty of documentation to support your claims. Fortunately, you can appeal denied or underpaid claims.
Start by reviewing the insurer’s explanation to identify why they denied your claim. Sometimes, resolving the issue may involve amending a simple error on a form or submitting an additional piece of proof, such as photographs of the damaged area. Once you’ve figured out why your claim was denied and gathered the extra information the company is asking for, file an appeal.
If your appeal is unsuccessful, it’s time to seek outside help. An experienced Florida boat damage claims lawyer will compare your claim documents to your policy terms and conditions. They will determine whether the insurer is denying a legitimate claim or otherwise violating your rights as a policyholder.
Hands-on legal teams like Kennon Law won’t stop there. We’ll gather additional evidence to strengthen your appeal, and we’ll be ready to file a suit against your insurer and hold them accountable for the compensation they owe you, if necessary. Our team will pursue additional compensation, as well, which may include money to cover your attorney fees.
The Importance of Professional Help
Your insurance provider is not on your side during any kind of claim, let alone one for boat damages. If your insurer is making lowball offers that simply fail to cover your property damage, or if the company is outright refusing to negotiate in good faith, it’s time to partner with a boat damage claims lawyer.
Kennon Law understands the Florida insurance market, having helped countless clients obtain the compensation they are entitled to according to their insurance policies.
If you are facing a denied claim or are concerned that your insurance company is giving you the runaround, connect with Kennon Law for a free consultation. We will gladly represent you at the negotiating table and take your case to trial if necessary.
Frequently Asked Questions
What Damage Does Boat Insurance Cover?
Boat insurance policies typically cover physical damage caused by collisions and certain weather-related incidents. Theft, vandalism, and fires are also commonly covered in boat insurance policies. Many policies also provide coverage for medical expenses for you and your passengers.
Yours may include uninsured or underinsured boater coverage protection, as well, which pays for the damages in boating accidents with an uninsured or underinsured boater. There’s also liability coverage, which will pay for any legal expenses and damages if you injure someone or damage their property.
Despite the many forms of coverage that you may have, it’s best to never assume that your policy provides a specific type. Always review your policy so you know what it does and doesn’t cover.
Does Boat Insurance Cover Hurricane Damage?
Yes and no. A typical boat insurance policy covers flood, water, and wind damage, all of which are likely outcomes of a hurricane or tropical storm. However, if you live in an area that is particularly prone to hurricanes (which includes most of Florida), your marine insurance policy may have a clause that excludes hurricane-related damage.
Therefore, policyholders must review their insurance policies and pay close attention to any exclusions. If you aren’t sure what’s included in your marine insurance, contact your insurance company or speak to your agent. Ask them to review your policy with you and determine whether hurricane damages are covered.
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