over the summer, i purchased a 2001 bayliner. my first boat. That old saying about a boat is nothing more than a hole to throw your money into, is completely true. but that is not what this is about.

During one of my first trips to the river, i forgot to replace the drain plug after parking the boat in the driveway. During my next trip to the river, the boat started taking on water and the oil drain line that held the drain plug was dragged out and the propeller cut the line, spilling oil into the lovely James River.

I took the boat to a repair shop, and explain to him the situation, how i needed the engine filled with oil, a new oil hose line, and a drain plug.

2 weeks later, he said i can pick up the boat. He explain to me that he can sell me a drain plug, for 10 bucks, or i can go to Lowes and pick one up for 2 bucks. He said the oil line does not need to be replaced, only when it is time to change the oil, will that line need to be touched.

I took his word for it, and that weekend, i took the boat back out. The boat didn't go very far when the engine seized on me. after floating around and found a person nice enough to tow me back, i took the boat to the corner marina who said they can take care of me.

after 2.5 months, and after many calls back and forth between myself, the marina, and Progressive, my insurance company, they decided to cover the replacement of the engine.

today, i picked up the boat, and the bill was for 1200, which was my part of it because of my deductable.

now, my question is, can i sue the first repair shop for not fixing the oil line? The insurance adjuster told me that the guy who worked on my boat didn't have a clue as to what he was talking about, and mistaken my type of engine for another, and thus, didn't change the oil line.

I don't want to have to pay the 1G because he didn't know what he was doing. If i do sue the business, what type of lawyer should i get? anyone here a lawyer? Small claims? any help would be appreciated.

i'll take you out on the boat when it warms up... lets hope it doesn't sink this time.

 

umm you should be able to sue them... i dont' see why not.. i say you call up a couple of civil lawyers and see what they can do for you.. it's the easiest way... most places do free phone consulting to see if it's a winable case. then you can go from there..

good luck.. and i wanna go for a ride.... fishing maybe?? hahaha

 

In looking at what you said, it seems the first guy acted in good faith. He didn't do work he could have done and charged you for, because he didn't think it was necessary. He even advised you to get a drain plug cheaper than he could provide. Sounds like a pretty honest person to me. Why don't you just write him a letter, explain what happened, and see if he will pay all/part of the deductible? If you really want to sue, I suggest small claims court...for $1200, take your evidence and forget the lawyer.

 

$1200 is definitely small claims territory. It isn't worth it to you to hire a lawyer where the absolute MOST you can get, nothing guaranteed, is $1200. no lawyer would take it on contingency, either, because the time spent on meeting with you, filing the papers, going to court, dealing with it, etc., ain't worth the absolute maximum the lawyer might make.

 

Did you get a written statement / estimate from the first shop, or was it simply a verbal report from the guy? If it's just your word against his that he said that, it doesn't help your case too much.

- Jeremy (jnn4v)

 

Damn David...that's horrible . Only thing I can offer here (besides condolences on what should have been a fun hobby this past summer) is to agree with those suggesting small claims court...if you have not already approached him. I couldn't tell from your "...many calls back and forth between myself, the marina, and Progressive..." comment whether you were actually directly approaching him about this, or just trying to get the engine covered after the fact .

But if I hear you straight (and just to clear up things for Ms.Perky), your motor blew its oil wad into the James when your oil line got cut. Now...question: Did you get stranded because your motor died, you saw an oil light kick on the dash, or you immediately noticed the issue & shut the motor down right off the bat? For any of those three questions/scenarios, the results were the same...you took the boat in to have a shop analyze the issue and suggest action/repair. Let's say it again...the oil line was initially cut in the first excursion on the James. So, at the very least, 1) A replacement line should have been installed, 2) The mechanic should have fully replaced the oil, 3) The engine should have been cranked/tested ...it lost its oil for God's sake! So apparently, with *none* of this effort done, and a "Hey buddy, just git yerself a $2 plug from Lowe's and you'll be golden ...he sent you on your way saying your motor is fine. If he did all this, then you looked for him to advise you and his advice caused the failure of your motor.

Now...as mentioned already...if that advice were soley "written in the wind"......then you may not have much of a case David. But if he provided you with any sort of receipt for the 2 week visit your boat had at his stay, that might have something worth working with in small claims. And again...that's assuming you've already approached the guy and he's blown ya off. If you have not approached him, do so. If you're concerned that he'll be pissed if you threaten him with S.C....hey, he's gonna be pissed when he has to *show up* in S.C. anyway. So you might as well approach him (again, if you have not already).

Starts with proof though IMO. Words...with nothing in writing... would be damned tough to defend.

Good luck, and damned sorry. [Dude... what's up with you and "New-rides-1st-time-out" ]

 

i agree, getting a lawyer would probably be not worth the expense.
I checked the paperwork and it has nothing about the oil line, but he did say to the progressive guy that he didn't repair the oil line because he didn't think it needed to be replaced. I believe the conversation was taped.

The reason the boat was taken to him the first time was because the line was cut and the oil was gone.