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WILMA

Posted: Mon Oct 24, 2005 4:03 pm
by Mary Pamela Kilmer
Wilma has just passed and left Punta Gorda, the Kilmers, and Bob & Terry in good shape. Please let us know if there is anything that we can do for those of you who may not have faired so well. Check in and let us know how you are.
Rick

WILMA ASSISTANCE

Posted: Tue Oct 25, 2005 7:33 am
by SecondWind
Terry & Bob also offer assistance to anyone who needs it.

Oh Sea Dee is Missing

Posted: Tue Oct 25, 2005 8:32 am
by Oh Sea Dee
We are coming up on our 1 year anniversary of owning our 32.
After a general cleaning of our house and property in SW Broward County, following Wilma, we arrived at our marina in N. Biscayne Bay to check on Oh Sea Dee. She is missing. The marina looks as if a bomb made a direct hit. Of the approximate 100 boats in the marina, only a hand full made it through the storm without major damage. More than half now rest on the bottom.
As for our beloved PDQ 32, we hope to get out in a motor boat today and search the bay for her. We spoke to a man who saw our boat break loose of its lines at about 6:30 AM. He saw the mast come off as the boat struck the bridge to the north, and off she went. We'll report on our findings as soon as we have some news.

Missing PDQ

Posted: Tue Oct 25, 2005 10:07 am
by Mary Pamela Kilmer
Please keep us posted & if there is anything we can do call on us, even if you just need to talk.
Keep safe,
Rick & Pam

Posted: Tue Oct 25, 2005 3:55 pm
by Kokomo
We are so sorry... :cry:

Found!!!!

Posted: Tue Oct 25, 2005 7:18 pm
by Oh Sea Dee
We found Oh Sea Dee resting on a jetty three miles north of her marina, or at least the starboard hull is up on the jetty. Two holes in the hull, that we could see, the mast still attached by some of the rigging and in the water, rudders ruined, and the one sacrificial keel....sacrificed.
We'll have to wait for an adjuster or surveyor to make a determination on the future of our boat. I figure we're "on hold" until the insurance company can respond.
Thanks for your concern and offers of help.

Our Thoughts Are With You

Posted: Thu Oct 27, 2005 8:15 am
by ATTITUDE
Sorry to hear about OH SEA DEE. Having lost a boat last year, we can relate.

Doug & Jeannie
ATTITUDE

Wilma

Posted: Fri Oct 28, 2005 7:41 pm
by sailors3
Very sorry to hear about your loss. Good luck with the insurance company.

Posted: Mon Oct 31, 2005 8:46 pm
by Ed Ellis
Below is a post I copied from SSCA that may be of use. Ed


Our boat was just destroyed in Hurricane Wilma. The boat was on a mooring outside Parrot Jungle Miami, but after the worst we returned to find her not there. Eventually we found her against a sea wall, up against a homeowners dock,submerged and broken.. We were liveaboards and do not have insurance. We contracted a local salvage/tow boat us company to raise the boat and tow her to their dock for $125/foot. As i type this we are not sure if they will succede, necessitating a "crane job" at twice the cost. And then we have to pay to get the boat disposed of. I work, my spouse is retired. Everything we own was on the boat. My question is: how responsible our we re the damage to the homeowners property? Other boats dragged into us and there are many boats destroyed right near us. We would like to do the right thing but will have little left after disposing of the boat.

I very sorry for your loss.

I went through a similar situation as a result of hurricane Francis (I was one of 4 boats washed up on a homeowner’s shore and docks). My boat was last to go ashore and crushed two of the three that were already there. She had about $40,000 in damage. The homeowner tried to file a claim against my underwriters. The claim was found to be groundless. I know you are very stressed so I will give you the reasons in brief summary:

1. For the homeowner to prevail he would have to prove that I was negligent in some way that contributed to the grounding.

2. Since no one wants their boat destroyed and a hurricane is a catastrophic act of God (with effects which are impossible to predict) it was very, very difficult for him to prove that I was negligent in how I prepared my boat to weather the storm.

3. He made no claim for damage to his foreshore or improvements because his homeowner’s insurance covered those losses (less his deductible). It would have been up to his insurer to sue me for that damage. He could have sued for the deductible but he would then had to apportion the loss across the 4 boats that damaged his foreshore and what damage the storm would have caused had no boats gone ashore. That legal quagmire would have cost far more to sort out that it was worth.

4. He claimed that my boat had knocked his skiff off its hoist when it came ashore. This was pure nonsense but even if it were true he would still have to prove negligence.

Keep these things in mind:

1. Both you and the homeowner are victims of a storm called Wilma.

2. When a catastrophe strikes insurers are loathed to sue for damages; the costs in time and money would ruin them, and the load on the courts would be overwhelming. They just bite the bullet and make their clients whole, raise the rates and figure it all works out in the end.

3. It sounds like you’re talking to salvors (re: “crane job”); but you don’t have anything to salvage. Don’t be in a hurry to pay to remove the boat. You may be included in the overall cleanup (Fed $$) that will follow shortly. If the homeowner makes a claim against you he’ll have to attach your boat. So if he does just give it to him!..then it’s his problem.

4. The boat was your home and you lost it. You are now homeless. Go file with FEMA ASAP. You can do it online. They gave me and others I know thousands of dollars to cover our living costs while our boats were repaired and for losses not covered by insurance. Again, remember, the boat was your home, meaning it was your house, your furniture, your appliances, your clothes. You’ll probably get some dirt dweller that wants to treat it like a car…. don’t let them.

5. Prepare a through declaration of what you did to prepare your boat for Wilma. If you do get served by the homeowner and need a lawyer it will economize his time and your expense. It will be the centerpiece of your defense.

6. Hang tough! There’s a lot of confusion right now, recovery will take months, people will soon calm down and remember they are lucky to be alive.

This isn’t legal advice it’s just what others and I experienced after Francis and Jeanne last year. I apologize for the poor editing of this missive but I’m eager to get it to you.

I hope this is of some small help to you, my very best regards,

EVERYMAN