The contract with the repairer is with you, not the insurer. The insurer's responsibility is to settle the claim. That, as I see it is the crux of this problem. Insurers liability ends when they settle the claim. Difficult to see how the insurer should have any liability for potential defects in the repair over a year later.
The issue of whether a surveyor should be appointed is not straightforward. The insurer may well appoint a surveyor to assess the damage and determine whether the proposed repair is suitable. The responsibility for the repair then lies with the contractor unless the surveyor is then instructed to supervise the work and then sign it off. In many cases this is overkill, but in others (and possibly this case) it is a sensible approach.
Easy to be wise after the event, but there is no clear cut way of proceeding as each case should be considered on its merits.
Symphony, What makes you think that when the insurer engages a contractor the contract is with you and the insurer? (or have I misunderstood your post?)
I did check with our legal team today. The answerer I got was complicated but, unless you engage a contractor or insist on using them or you sign a release waver saying your happy with the work. No contract exists between you and the contractor.
In fact, I was told that insurers actually have some pretty sharp practices around repairs. They will have a standing agreement with various repairers around the country.
The rates they are charged directly, do not reflect the rates you would pay;
Now get this!!
They will base the damage value (repair cost) on the value you would pay or be paid or the general public based on an hourly cost. But actually they will pay much less, or a discounted rate, this is based on them appointing the contractor as "an approved repairer". Where they send more of the damaged boats to them for a discount.
OK you say how does this affect me if the insurers paying? Well if they write your boat off as uneconomic repair they do so using the "to you" price not the "to them" price. They then settle with you for the lowest amount they can and sell the insured boat off to the highest bidder with estimated repair bill at ..........
Yes you guest it the "to them price"
Oh and just to add insult to injury if a repair is done they register the cost at the higher rate on the insurance register, not the cost they actually paid the contractor for the repair. Prejudicing your claims record......
Insurance works by lots of people paying in to a "pot". The insurers pay out as little of this pot as they can legally get away with.
The difference is called "profit".
To illustrate this add up the average premium of the boats in your marina, at mine its 300. Probably @ £500 PA or more. Take away the cost of repairs to said boats in a year. Say £50k (Just a guess). That's £100,000.00 a year profit for one marina for one year.
So the numbers are not accurate but you get the jist? If you race your boat the premiums can double, if its a power boat with a top speed over 16knts its double.
Sorry I have no sympathy with insurers. They take our money and expect us to take all the risk, then use wiggle room not to pay out. Which is how they can afford full page spreads in PBO, Yachting monthly and RYA news. Parasites!
Sorry Symphony, not having a dig at you personally, please don't take it as so. Apologies if your offended, not my intension. I just want Bavaria owners to get what they pay for.
I also hate Insurers, Bankers and Estate agents. They hide behind half truths, sharp practice, and bully boy tack tics, in the name of profit. I don't operate my business like that, if I did I could have retired years ago.... But I have values and good relationships with all my customers.
Rant over :-)
Off to take a chill pill, and a laydown
Best regards.
Ant.
