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FAQ

FAQ

Public Adjuster Questions (15)

What is a Public Adjuster?

A Public Adjuster is a licensed insurance professional with no affiliation with insurance companies representing insureds only. Public Adjusters (PA) were sanctioned in state legislatures so that consumers could have an outlet for becoming educated and finding representation without going straight to an attorney, allowing for more significant recovery for insureds and fewer insurance cases in the courts. In this sense, we are a cheaper option than an attorney in most cases and avoid lengthy court battles.

What does a Public Adjuster do?

We become your legal representative for the insurance claim and will receive all correspondence on your behalf. We deal directly with your insurance company, handle all the research, perform all damage assessments, forensics, and reporting, and advocate on your behalf so you can claim what you deserve stress-free. We have extensive knowledge and experience with local repair and service facilities. We will not only explain and guide you through the insurance claim process but also guide you through understanding the damage to your vessel. Most insurance company adjusters need to learn the marine industry and determine your payout with little research and evidence. We will fight back with years of knowledge and hard facts.

We may also provide the necessary information on total loss documents, challenge or fight salvage or yard expenses, challenge insurance salvage/buyback quotes, and file paperwork on personal effects, boat equipment, or obtain over or above your policy limit based on clauses that may exist in the policy.

How do Public Yacht Adjusters get paid?

Like all Public Adjusters, we get paid a percentage of the total claim recovery we obtain over and above previous settlement offers only after successful resolution and payment of the claim. Florida law limits the chargeable percentage to 10% for losses occurring in a named storm or state of emergency and 20% for non-emergency. We assess each claim individually and charge different rates for each case. We will review the exact amounts and reasoning for the percentage as we discuss the claim with you.

When should I contact you?

You should contact us immediately after the loss, after reaching the necessary emergency services, and after you have informed your insurance company that something has happened. The sooner you contact us, the sooner we can notify you of your rights and get you in the right direction.

You can also contact us any time during the claims process or after the claim is fully resolved if you feel you were compensated unfairly.

What is the difference between a Public Adjuster and an Attorney?

An attorney can sue your insurance company and represent you, charging up to 33% in addition to legal fees and expenses. A Public Adjuster cannot file suit but can file and pursue complaints with the state, report, and document damage usable in filed complaints, and file for/represent you in mediation or appraisal proceedings. Florida law requires insurance companies to deal with us. Attorneys can later use our research, reports, and documentation of insurance company behavior if you choose to utilize one later.

We include expenses for most expert testing and reporting included in our fee. This excludes some laboratory testing and estimation charges you may need to pay for, which we will then get you reimbursed for by the insurance company.

If I hire you and need to pay a repairer to produce an estimate, how does that work?

You will pay for the estimate, and we will get the estimation costs covered by your insurance in almost all cases. When we recover the estimation costs for you, we do not charge our fee to this amount or any other expense that we recommend you incur (such as preventing further damage or moving the vessel).

Can my boat mechanic or other people help me with my claim?

It is common for anyone involved in a boat loss to advise on what to do and how to manage a claim, and their doing so is illegal. U.P.P.A. (Unauthorized Practice of Public Adjusting) means that only a licensed insurance professional can legally advise you regarding your claim. We have heard terrible advice given to our clients by repairers or marina personnel. Remember that only an attorney or licensed insurance professional can offer accurate and helpful information in navigating your claim.

What does hiring a Public Adjuster entail?

If you need our help, you must sign a representation contract and letter of representation. Once you complete this, we will handle everything.

Can my insurance company contact me after hiring you?

No. Even though insurance companies know this, they may (and regularly do) try to contract or deal with our insureds directly. Take notes of the name of the individual, the exact time of the call, and the phone number they called from. We utilize this to file a complaint with the Florida Department of Financial Services, as this is bad faith.

What is bad faith?

Bad faith is when insurance companies act illegally or prioritize their profits over their responsibility to find coverage owed to their insureds reasonably quickly and respectfully. Suppose an insurance company offers you a lowball figure for damage to your vessel without sending anyone to inspect or create a detailed estimate. In that case, this may be considered bad faith. We specialize in dealing with bad faith. If you have thought, “My insurance company is screwing me over,” this is likely what is happening.

What if I eventually have to sue the insurance company?

We will never suggest that this is the correct course of action. Still, you may determine that an insurance company’s refusal to accept or acknowledge our joint efforts is grounds to do so. If this happens, all of our work product and continued expert efforts may continue to assist you.

How do I receive my insurance payment if a Public Adjuster is involved?

We receive our percentage out of your payment. The insurance company will sometimes do this automatically with a “Direction to Pay” form. In most cases, they will not assist with this. In these cases, we have contracts and special accounts to accept the full payment and issue all subsequent payments to you or all parties shown on the policy. Our representation contract clearly outlines what this entails, and we can discuss all the possible means to handle this with you.

What kind of public adjusting claims do Miami Marine Survey and Claims Consultants accept?

While other public adjusters split their focus between residential water, storm, mold, and fire damage, we dedicate our entire focus to the marine industry. We will help you with new claims, ongoing claims with an unfair payout, supplemental claims for closed cases, and denied claims. We can handle any form of damage.

Who will take care of my claim if I hire Public Yacht Adjusters?

We are a local small business, so you can be confident you have direct access to your marine expert and public adjuster. While other public adjusting firms may have experts on their disconnected outsourced team, we have the experts themselves communicate with you. We are P.A.s, past insurance company adjusters/surveyors, and marine experts in one tight-knit squad. We work closely with you and will never pass your claim to other firms or adjusters.

Why choose Public Yacht Adjusters?

It requires knowledge of insurance, Florida Law, vessel construction, and intensive marine systems to properly analyze a maritime damage claim. We possess the niche licenses, certifications, and experience to do so on an expert level. See our qualifications here and see our reviews here and contact us for more information.


Insurance Claims Questions (18)

Something has happened to my boat! What should I do?

Before contacting anyone else, call 911 or whatever emergency services/law enforcement you may need. Obtain all police or fire report numbers and contact information, and notify your insurance company of the loss. The next focus should be on documenting everything connected to the damage. Take photos and videos, collect witness information, and record the registration or documentation numbers of other involved vessels. Any information you collect will help build a strong claim. Contact us to schedule a free claim consultation in which we will take a preliminary look at the vessel and your insurance policy.

My boat is sinking, and a tow operator or salvor is telling me to sign a salvage contract. What should I do?

Salvage is incredibly complicated. If all you need to arrive safely back to port is a tow, then do not sign a salvage contract. Suppose your vessel or the environment is in immediate peril, preventable only by a salvor. In that case, you should do whatever is necessary to save the boat and protect the environment and private property.

My boat was damaged. Should I start conducting repairs right away?

Do not start any repairs! You may have damage extensive enough to total the vessel, and some insurance policies will not declare a constructive total loss if a repairer begins work. It would be best if you had a full assessment and estimate first.

What is the difference between an ACV (Actual Cash Value) and Agreed Value policy? What does this mean?

An ACV policy sets the coverage limit at the Actual Cash Value, a calculated valuation rate that is somewhat subjective (see below). An agreed value states the value you and the insurance company agreed to at the contract's inception. This information is on your insurance policy's Declarations Page (DEC).

I experienced a loss and have an ACV (Actual Cash Value) policy. The insurance company is offering me a meager value for my boat, which is much less than what I paid, which is unfair. What can I do about this?

This tactic for paying claims is almost a certainty. Insurance companies often use calculations with lowball values in their ACV policies. It requires a reputable valuation study conducted by a marine professional to rebut these offers and win (see below).

What is a vessel valuation study?

A vessel valuation study is a USPAP-compliant valuation utilizing paid periodical services known in the marine industry and vessel sale reporting services only available to accredited marine surveyors. In addition to for-sale listings, we use these figures to calculate a highly accurate valuation study for your vessel. These are highly specialized and are known and commonly referred to in insurance, finance, and legal proceedings and are difficult to impossible to refute.

What is a total loss and a constructive total loss?

A total loss means that the boat is destroyed or is not recoverable. A constructive total loss means that the repair costs to restore your boat exceed the boat’s value or the full policy limit with the vessel’s salvage value amount subtracted (see below).

What is a vessel's salvage value?

The salvage value of a vessel is the value it retains in damaged condition. For instance, a salvage company may offer $30,000 to purchase a vessel damaged by fire. The $30,000 would be considered the salvage value.

If my boat is worth $100,000, and repairs are $80,000, can it be a constructive total loss?

If the vessel's salvage value is $20,000 or more, then the vessel should be considered a CTL (constructive total loss). Depending on the adjuster or carrier, less than a $20,000 salvage value can be close enough for a CTL.

If my boat is declared a constructive total loss, will the insurance company take my damaged boat away from me?

Most policies state that the insurance company has all rights to the insured property if a CTL is declared. However, in all of our experience, the insurance company will refuse their rights to the property, allowing the insured to keep it, or offer a right of first refusal once they obtain a salvage value and offer the vessel to the insured for this value. For instance (referring to the example above), if the owed policy total is $100,000 for a loss, and the insurance company obtains a salvage value of $30,000, they will offer the insured $70,000 with retention of the damaged vessel. There may be provisions that the insured can retain the boat without a buyback if it is underinsured, depending on the company or policy.

I have filed a claim with my insurance company. They have yet to inspect the vessel and have issued an E.O.R. (Estimate of Record) with a dollar figure of what they think the claim is worth. They have also told me to take the boat to a repairer and submit

The biggest problem here is that no marine professionals have inspected your boat. Creating an estimate without physically seeing a boat first is a waste of time. Still, the unfortunate reality is that this practice is effective at getting people to accept a lower repair amount without fully determining the damage's extent or the relevant repairs' actual costs. Additionally, repair facilities are not surveyors who can adequately assess all systems and damaged components—such as a mechanic may not know how to identify damage to your hull or electrical systems, and vice versa. Technicians or repair facilities can also not advise you regarding your insurance policy.

The best way (or only way, in our opinion) to proceed is to have an expert surveyor comprehensively inspect the vessel for all loss-related damage BEFORE any repairs begin. We can only find the appropriate repair facilities and obtain the best coverage using this method.

I filed a claim, and the insurance company assigned a surveyor. What does this mean? What should I do?

A surveyor is considered an independent expert to assess the cause, nature, and extent (cost) of damages to your vessel. Your insurance company hires this surveyor to represent their interests and for their benefit. The insurance company may share or withhold the surveyor’s report based on what is best for them. While the assignment of a surveyor is, in our opinion, the best way for an insurance company to handle a claim (dependent on the surveyor), it is best to have your representative present for that surveyor’s inspections and be directly involved in their dealings with repair facilities.

Can I repair the damage on my boat myself and then get reimbursed for my time?

No. Most of the marine policies we have comprehensively reviewed (and we have reviewed many) exclude reimbursing the insured’s time if they conduct repairs themselves. You must not consider or put forward that you will perform the repairs or try to negotiate what you will charge the insurance company for this. A professional must estimate the repairs.

As a result of my claim, I have had extensive repairs done. I am worried this will lower the value of my boat. Can I be reimbursed for the loss of the vessel's value?

No. Most of the marine policies we have comprehensively reviewed (and we have reviewed many) all exclude loss in value. However, how repairers execute repair DOES affect the boat’s value, and that directly relates to how you/we handle the claim and repair process is dealt with. Having all repairs done to A.B.Y.C. standards is crucial, and the repairs must be inspected by an accredited surveyor once complete. We directly involve ourselves in this process for our clients to get the necessary components paid for and to protect their assets with the appropriate advice and guidance.

My boat was damaged by someone else, and I have filed a claim through their insurance company. They are not paying me what I feel I deserve. Can you represent me?

The rights afforded to us by the State of Florida are for the relationship between the insured and their contracted insurance company. While we can help in an expert capacity, only an attorney can pursue a 3rd party insurance company and represent you. We can, however, help you file a claim with your insurance company and recover what you are owed there, as well as push for rights and reimbursement if subrogation exists if afforded by the policy.

A loss damaged my boat, and the repair facility I chose has completely messed up my boat. The quality of the work could be better, and my boat is in unacceptable condition and has lost value. What can I do?

Most of the marine policies we have comprehensively reviewed (and we have reviewed many) all exclude damage related to bad repairs. However, the repair facility may have inadequately estimated or charged for the repairs. You may be owed the difference between a bad estimate and one from a reputable repairer. We suggest calling us immediately. See the FAQ on loss of value above.


General Questions (3)

We see mention of the Miami Marine Survey LLC on this site and see that Scott Virgin is a surveyor. Does this mean he can survey our damaged boat after it is repaired for insurance purposes?

No. After any repairs, an independent surveyor unaffiliated with the damage inspection or claims process must inspect your boat and issue an unbiased report. We can provide a list of local surveyors we respect to perform this service for you.

I have damage to my boat that I don’t think would be covered by insurance, such as rot or wear-and-tear damage. What should I do?

Do not give up on a possible insurance claim. There may be some form of coverage in your policy. Give us a call, and let us help you.

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