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miamibeachjohn · Mar 21, 2006, 06:18 PM

As I said above, during hurricane Wilma my neighbors boat broke loose from its mooring and floated down to my dock, two homes away, and proceeded to smash my boat and dock until the storm was over. My dock was destroyed and my boat was knocked off the lift and sank, Do I have any recourse, as my insurance won't cover this. Please help, also is there a limitation on time as this happened several months ago?

DrJ · Mar 21, 2006, 06:26 PM

I don't know... but if you don't find any answers, you can pay about $35 to get legal advice here:

www.legaladviceline.com 888-367-5252

It's a really great resource for VERY inexpensive legal advice.

(no, I don't work there lol)

CaptainForest · Mar 21, 2006, 06:40 PM

I would think that their insurance would cover it.

Why not take them to court for the money they owe you?

There is a limit on time, but its valued in years, not a few months.

Fr_Chuck · Mar 21, 2006, 06:48 PM

If it is not being covered because they are saying this falls under the "act of God" or a specific clause that elimanates huricanes from coverage.

IE. For the same reason many people are not having their homes paid for.
They would be saying that the damage is not really from the boat, but the boat hitting it is only a secondary factor to the actual hurricane doing the real damage.

You can try to sue the owner of the boat that did the damage, if you win in court, his insurance may or may not pay under the liability section but if it does not, and you win,you may be able to attach your neighbors bank account or garnish their pay

But the problem will be showing that something was done that a normal responsible person would have done that cuased the boat to come loose.

Now the problem comes proving to the court that the other boat owner is liable from some neglect. Also you will have to prove his boat, not the storm caused the damage to your boat and dock.

It is your only chance at getting paid