Don't ask me to list it all or I'll start wimpering again

[ECR]

Not sure this is the right section, but seems like the closest thing.

A few months ago, my wife and I spent a week on a liveaboard in the Caribbean. I prefer not to be more specific just yet. As you'll conclude from the facts of the situation, it's not likely my stuff will wash up on a beach any time soon.

On the last night, while tied up at the dock, two of our gear bags disappeared from the dive deck, where the captain had instructed us to leave them until our departure ... "they'll be perfectly safe ... never lost anything." I had a very frustrating series of emails with the USA office for the franchise, in which (a) they claimed they were only a travel agency and (b) the captain insinuated I was making a false claim (that I had consolidated two full sets of dive gear and wetsuits into a single piece of luggage). I submitted a claim against my homeowners insurance. I have received a settlement from my insurance, but of course I am still out the deductible ($1,000 on my HO policy). So ...

(1) Am I crazy, or does the franchise own at least a significant portion of the responsibility for my loss?

(2) Have you ever heard of anything similar happening before? If so, what was the outcome? Any offer by the franchise to make good?

(3) Any suggestions about how to proceed? If you feel you can't advise me, can you suggest a lawyer with experience in this kind of issue?

Thanks.

 

[Doc Intrepid]

The amount of money you are apparently seeking is either all or part of the $1000 deductible for which you are out of pocket, correct?

I've no idea where their responsibility legally ends. Most franchises post signage to the effect that "we are not responsible for your property left unattended on our property" - or words to this effect, despite whatever you are told verbally. Their insurance underwriters are no doubt quite specific on this point. I doubt that LEGALLY you would be able to force them to acknowledge any responsibility at all.

Plus of course, it would no doubt cost you more than $1000 to pursue the matter legally.

On the flip side, if you filed a lawsuit even if you did not win the lawsuit and could never win the lawsuit, it would no doubt cost them more than $1000 to defend themselves against it. Which would no doubt annoy them considerably.

Depending on how outraged you intend to allow yourself to be, I might request that my lawyer write them a cordial letter. This is a relatively low cost option for you, which calmly lays out your perspective that, "due to their captain's assurance regarding security, etc. you did as instructed, and regretably suffered a loss thereafter"...(on your lawyer's letterhead of course).

You request that they (whatever you're willing to do - split the difference, request they pay your deductible, 80/20, whatever) make good on your loss. The idea is that if they do not respond positively to a calm, logical explanation and reasonable request then your lawyer will write another letter, and the second letter will be much, much more expensive for them to respond to.

Clearly, you'll need to decide in advance if you're willing to pay $4K in legal fees to collect a $1K debt - which in turn might depend on how annoyed you choose to feel over the matter.

But a reasonable letter from your attorney on their letterhead should not be overwhelmingly seen as either belligerent or overbearing, assuming that the tone is calm and logical. A request to split the loss might resolve the matter to the best interests of both parties.

Assuming you've already discussed the matter with them first hand (and if you haven't this might be something you do initially,) then a reasonable letter from an attorney might be at least something I'd consider under similar circumstances. (And on your next vacation I'd seriously look at a property insurance policy from DAN, which covers exactly this sort of loss.)

Best with that,

Doc

 

[ECR]

Thanks, Doc. Your suggestions pretty much reinforce what I was thinking.

Yes, at this point, it would be the $1,000 I'm after. When I dealt with my insurance claim, the adjustor told me that the insurance company might pursue "subrogation" ... which is, as I understand it ... they pay me and then go after the liveaboard franchise to reimburse them (and me for my deductible). But the insurance company declined to subrogate because the franchise didn't own up and the amount of money just isn't worth it to them.

I on the other hand, have some level of outrage, not that the theft occurred, but that the captain defaulted to CYA mode and essentially accused us of smuggling all our gear off his boat in one bag. So I think my follow-up will be:

First, request that the franchise make good on my deductible. Failing that ...
Second, the lawyerly letter in "calm, reasonable" mode.

There will be now, I think, a long gap in this thread, but I'll return when I can tell the rest of the story.