Boat Insurance deny responsibility, new rope

marlot

lisyloo wrote: »

Only for your liabilities under the law.
The law says that in most circumstances you are only liable of negligent.
So If a slate flew off your (properly maintained) roof in freak weather then you are not liable. It’s an accident for which you are not to blame....

Agreed.


So when my neighbour's tree was clearly dying, I formally wrote to him to let him know. When it came down in a storm six months later he had no choice but to pay for the fence to be repaired.

lisyloo

eddddy wrote: »

Do you agree with the insurers that the rope was faulty? (Or do you think that the insurers might be using that as an excuse to refuse the claim?)

For example, do you think that the other owner might have used unsuitable rope, or the other owner didn't attach the rope securely etc (which would be negligent).

If so, you could make a claim for damages from the other owner (not the insurer) in the small claims court.


Essentially, the court would look at the evidence that each party submits, and decide on 'the balance of probabilities' whether the rope was faulty, or whether the other owner did something negligent.

I have a concern that the insurer is just saying the rope is faulty as an excuse and doesn’t have any evidence.
The trouble is you have to prove negligence at least on the balance of probability.
The other boat owner, their insurer or rope manufacturer are under no obligation to help in this although they might.
If you have a sample of the rope you might be able to pay for a report on it.
I’d be asking the other insurer for the evidence the rope is faulty. If it genuinely is they might be willing to help. It’s worth a letter/phone call IMO.

I did have some evidence handed to me on a plate once.
A trader handed me a letter from a manufacturer saying in writing that laminate flooring was faulty and I got the whole lot replaced.