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What if I disagree with the surveyor’s figure?
Short answer
Two surveyors, two figures, and nobody wrong on purpose. Continental policies contain a procedure for exactly that situation, and it is quicker and cheaper than going to law.
Many disputes after a loss are not about whether the boat is covered. They are about how much. A surveyor instructed by the insurer inspects the damage and names a figure, the yard quotes another, and both have reasons that stand up. An owner in the UK or Ireland, used to a claim being settled or refused outright, often assumes the only way on from there is a solicitor. On a policy written under continental law there is a step in between, and it is already in the wording.
The procedure is an expert determination. Each side appoints a surveyor of its own. The two either agree, or an umpire named in advance decides, and the umpire has to stay within the range set by the two reports. The outcome binds both sides unless it departs obviously and substantially from the true position. What the owner gains is time and cost: weeks rather than years, and a fraction of what litigation runs to once solicitors and a court expert are involved.
Two things are worth knowing before starting it. The first is cost. Who pays for each side’s surveyor, and how the umpire is shared, is written in the conditions, and the split differs from wording to wording, so read that paragraph before appointing anybody. The second is scope. The procedure settles facts: cause, extent, figure. Whether the loss falls under the contract at all is a question of law and stays with the courts, before and after. Bring evidence a surveyor can work from: dated photographs, the yard’s itemised quotation, the log.
Worth remembering
Two reports
and the figures do not meet
No courtroom
is needed to settle that
The third chair is written into the conditions, and it is one of the least used paragraphs in them.
Questions
What owners ask us about this
Can I still go to court afterwards?
Yes. Questions of law stay with the courts, and a determination that is obviously and substantially wrong can be challenged there as well.
Who chooses the umpire?
The two surveyors agree on one before they start work. The conditions usually say what happens if they cannot, and typically a court or a professional body then appoints.
Do I need a surveyor of my own?
Yes, that is the point of the procedure. An independent marine surveyor who inspects the boat and writes a reasoned report is what gives the second figure any weight.
Related
Not sure whether you qualify?
Whether it is “What if I disagree with the surveyor’s figure?” or another question: send us your residence and the flag your boat flies. You will get a straight answer in one email; including a no, if that is the answer.
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