Not bad, but a lesson learned.
3 months ago,
If you don’t want to read all of this, skip to the bottom paragraph.
Driving in heavy traffic along Hwy 80, through Vacaville Ca in the slow lane, I see two cars on a long ramp merging onto the freeway in my direction. The first car speeds up and enters ahead of me. The second car is along side my toad. Looks like it will drop back, I look again and it has moved up along side the MH driving on the shoulder, I look forward, then back to the right mirror; I said out loud, “where did that car go” ?. My wife looks down through her side mirror and said it is right next to us. I can’t see the car but I move to the left and applied the brakes. I felt contact, and then see the car wrap around the front of us just as it slipped off the front corner of our MH. The car swerved back and forth a couple times but was able to gain control and at that time I woke up the whole town with my air horn!
We both pulled to the side of the road and as soon as I started a heated argument with the driver a chp sponsored tow truck pulled up. The chp driver wanted to know if everyone was ok. We were. He asked what happened, I told him my story, and he looked me straight in the eyes and asked me if I wanted an officer to come to the scene. (He made it clear to me that I did).
After the officer listened to both of us, he told me the other driver was at fault for “unsafe merging”.
The other drivers insurance told me they would not pay unless there driver admits fault.
I decided to start a claim with my insurance knowing the first thing they would do is contact the other insurance co. and they did. I received a call from the other drivers insurance and they said that because I have a police report they would pay the claim.
I told the other drivers insurance company I would not move forward with the repairs until we had a written agreement on “Loss of use”. This is where it got fun. They said because it was an RV they figured they did not have to pay loss of use. I opened a complaint with the California State Insurance Commissioner and found out California Civil Code states they must provide a rental of similar. (This law is not just about cars but anything damaged, bike, TV, washer machine etc). They found a class A RV for $329.00 a day. I said no! Look up Country Coach or Newmar. They did. In addition to the repair cost, I receive a check for $8,000.00 for 10 days rental while my MH home will be in the shop.
Note: All States are different.
Don’t back down!
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