Should have replaced it with a 3 year old jet ski or paid the replacement value for a 3 year old jet ski, if he was truly at fault. I don't know the answer on the auto cut off unless the cord wasn't attached to the driver or there was a 'malfunction'. Malfunction surely would reduce his liability, most likely to the extent of the insurance (50K) Insurance (even self insured) wouldn't pay more than 'replacement'. Salvage the scrap and get some money back (motor, mid and rear parts). I know, TIT!!