U Joint broke after hitting sand bar. Insurance wont pay???

sergtech · **Joined:** Mon Mar 16, 2009 7:04 pm **Posts:** 62

Last summer I ran my 05 268 Vista on to a sand bar at night. Engine fine, No leaks. But would seem to not go in to gear anymore. Just got a call from insurance saying that the ujoints were rusted and would have "eventually" failed. So they wont pay for the repairs. The insurance is Foremost and is supposedly good from the reviews. With the occasional complains. But I need a sound board here before I lawyer up. Does working with maybes and possibilities stand in court? The boat was working fine regardless of any component age. If we talk in possibilities then maybe it would have lasted another 10 yrs with out issue. or maybe broke the next day. Is my logic wrong here? I accidentally ran it up on a sand bar at night and something broke. Not before or in some mythical future. It broke right then because of the hazard.

Now the other question is if this boat was serviced properly which it was every year. Noting that I have had a few instances where the work required complete removal of the engine, gimbal bearings, lower unit, bellows etc.. Would it be presumptuous to assume that a rusted and old U joint would be seen and stick out like a sore thumb? Wouldn't a reputable mechanic and service company report that to the customer if it needed ANY attention? The company was Eagle Marine out of Fort Worth Texas. And they have never done anything but be professional and very knowledgable about the service of this boat. Is the Ujoint not something that can be readily seen?

What am I missing here on both issues? Please help me see the light if any.

jgreve75 · **Posted:** Thu May 09, 2013 3:25 pm

Just out of curiosity, why would paying for damages resulting from running into a sandbar at night be your insurance company's responsibility? Not saying it is or isn't but I just want to understand your point of view here.

sergtech · **Joined:** Mon Mar 16, 2009 7:04 pm **Posts:** 62

The policy says it will cover unforeseen underwater hazard damage. As long as there is no visible signage stating. HEY THERE IS SOMETHING DOWN HERE. In my case it was at night, there were no lights or signs for this hazard. We were one of 3 boats that hit this particular bar with in a 2hr span.

JohnnyMarlin · **Posted:** Thu May 09, 2013 4:42 pm

No matter what the outcome..........Fire those Bass-turds! :evil:

LouC · **Posted:** Thu May 09, 2013 6:48 pm

Most insurance policies DO cover hitting submerged objects, in fact thats one of the main reasons you have insurance, besides liability.
I'd get maintenance records from the place that serviced the boat, and see if the bellows was serviced at some point in the past. Rusty ujoints are because of water in the bellows, and on a boat age, some might have replaced it once, if so that is proof of good maintenance. But having said that, water got in some how. Did the boat take on water in the grounding? if not then the only cause is a failed bellows. It is possible that a hard enough hit can tweak the transom mount to the point where it could cause a leak, but its more likely to leak around the mount where it is sealed to the transom opening rather than the drive bellows.

neutron · **Posted:** Thu May 09, 2013 7:02 pm

Am I missing something, I have seen plenty of bad ujoints on boats, and trucks,
I mean from seized to falling apart, and cant see why that would keep the drive from going into gear.
Did they replace the joint and try going into gear?

Jdpber · **Posted:** Thu May 09, 2013 7:08 pm

Possible that it is spline to spline and not meshing.x turn the prop as someone Try's to engage.

Winter Sux · **Posted:** Thu May 09, 2013 7:13 pm

If your "hit" was hard enough to snap a u-joint, how's your prop?

John :mrgreen:

neutron · **Posted:** Thu May 09, 2013 8:11 pm

Winter Sux wrote:

If your "hit" was hard enough to snap a u-joint, how's your prop?

John :mrgreen:

Right, there has to be more damage, if a u joint snapped, which is hard to do, it has to mess up something on the lower end

Bliss36 · **Posted:** Thu May 09, 2013 8:46 pm

neutron wrote:

Winter Sux wrote:

If your "hit" was hard enough to snap a u-joint, how's your prop?

John :mrgreen:

Right, there has to be more damage, if a u joint snapped, which is hard to do, it has to mess up something on the lower end

I really recommend having the output shafts checked with a dial indicator. A slightly bent (.005in) shaft will wipe out your seals in no time and get water into your drive. I'm speaking from experience as I hit a sandbar at the end of last season,tweaked my shafts, had to have the entire lower unit rebuilt and resealed, and it was all covered by BoatUS insurance.

You hit an unmarked navigational hazard, and they should cover it! Their reasoning sounds weak....on a long enough time line everything is going to break on a boat. Keep us posted and good luck

jgreve75 · **Posted:** Fri May 10, 2013 5:42 am

Some great info in this thread...I have to admit, I didn't know boat insurance would cover hitting an underwater hazard like a sand bar, I always thought of underwater hazard as more like pilings or submerged debris or things along those lines. :oops:

Good to know!

rpengr · **Posted:** Fri May 10, 2013 9:33 am

I would think that U-joints could have a significant amount of rust on them, and still be extremely strong. I agree with others that there is likely to be more damage. I would get the whole drive checked out and keep pursuing having the insurance pay for the whole repair.

The U-joint "Yokes" are not considered a wear item and should outlast the boat...Is that what broke? The replaceable part of the U-joint is a wear item (and does not cost much). Perhaps your appraiser does not know the difference.

jsimon · **Posted:** Fri May 10, 2013 9:56 am

that is definalty a lame excuse if I ever heard one. Reminds me of the old saying , the easiest way for an insurance company to increase margins, is to deny claims.

Personally I would not spend the money on an attorney, i would asked for a differnt adjuster, or a supervisor and keep going up the food chain until they respond as they should.

my .02

pet575 · **Posted:** Fri May 10, 2013 4:12 pm

I don't know where you are located but several states allow for what is called a "bad faith claim" in which you make a legal claim against your insurer for a vexatious refusal to pay under the policy in bad faith. Many states allow for double damages plus attorneys' fees in the event you win. You may want to consult with an attorney to see what your options are in your state. If your repair bill is not more than $1,500 you might have a hard time finding an attorney to mess with it.

Having said that, maybe and possibly are the worst evidence I can think of if I'm prepping for a trial. An awful lot of things would have to go right to prove your case.

Technologic80 · **Posted:** Sat May 11, 2013 9:08 pm

By the time you hire a lawyer, fight with the insurance company, you are going to lose $$$ and valuable boating time.

Bite the bullet and replace the u-joints, they arent that expensive. Lawyers are. Pick your battles carefully.

www.iFourWinns.com

U Joint broke after hitting sand bar. Insurance wont pay???

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