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Old 06-19-2012, 08:28 PM   #15
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I would eat the $500 too. If the lady were living in an RV which it sounds like she was, I imagine having to pay out the $500 amount might be a real hardship for her and will it be to you if you don't receive it?

I guess we will never be rich, as I don't go after things like that, but that's just us.
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Old 06-19-2012, 09:12 PM   #16
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Why is it, that when something bad happens, we usually think someone else should pay? It is your motorhome. You have insurance for things like this. The wind did it, the old lady did not. Just because you have a claim, doesn't mean your premiums will go up. If there is a legitimate reason why the old lady should pay, you can bet your insurance company will go after her insurance company or her.

Bottom line, no one got hurt. Money will fix anything else. Let it go at that...
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Old 06-19-2012, 09:16 PM   #17
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I think her insurance should pay for all your damage. I believe if you start to sue her for the damages, she will have to go to her insurance and they will pay. They are just trying to avoid paying you by bluffing that they aren't liable. So far it seems to be working. She is insured for such things. If you get $500 from them your insurance will want it.
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Old 06-19-2012, 09:54 PM   #18
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The OP's insurance company may well be unhappy at paying the claim and persue the lady; it was her awning that caused the damage, so she's liable, simple as that. Whether she has insurance that will pay for her liability is her issue, not the OP's.

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Old 06-19-2012, 10:01 PM   #19
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Judge Judy would give the OP his $500.
It is her fault for leaving the awning out.
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Old 06-20-2012, 07:05 AM   #20
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Your insurance premium should not increase because of a comprehensive claim. Do you get a premium increase for a windshield replacement? Same principle, act of God or nature. As to the $500 deductible, thats how insurance premiums work, you want a lower deductible, you pay a higher premium. If my premium increased because of a claim against the comprehensive portion of my policy, you can bet I would change carriers at renewal time.
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Old 06-20-2012, 07:05 AM   #21
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This is getting interesting...
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Old 06-20-2012, 09:45 AM   #22
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Quote:
Originally Posted by Mike Thomas View Post
Why is it, that when something bad happens, we usually think someone else should pay? It is your motorhome. You have insurance for things like this. The wind did it, the old lady did not. Just because you have a claim, doesn't mean your premiums will go up. If there is a legitimate reason why the old lady should pay, you can bet your insurance company will go after her insurance company or her.

Bottom line, no one got hurt. Money will fix anything else. Let it go at that...
Because she ignored the warning in the owners manual to put it up when bad weather is expected. Instead, she assumed liability when she decided to try and make it a permanent fixture. For 3 weeks now, I can not get an answer from my insurance if it is worth it to them to subrogate and even if they do, will they also get my deductible??

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Originally Posted by IWillRVToo View Post
Judge Judy would give the OP his $500.
It is her fault for leaving the awning out.
Ha Ha Ha Well I posted this to try and make up my mind and you have all hit on my thoughts except Judge Judy. There is the solution, walk up to her and ask if she wants to go Hollywood on Judge Judy, lol.
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Old 06-20-2012, 10:33 AM   #23
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This is getting interesting...
It's actually getting kind of silly. There are no magic answers when it comes to insurance claims and liability. That is why there are courts and lawyers, unfortunately.
As Kenny Rogers said, "Ya gotta know when to hold em and know when to fold em."
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Old 06-20-2012, 10:49 AM   #24
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I agree with the posters who say that the "Nice Lady" is responsible.
Being a nice lady she should cough up the cash and show some responsibility for not properly securing her awning. "Nice" people would pay for damage done voluntarily.

You obviously want support in going forward with further action. I support you. Go for it!
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Old 06-20-2012, 11:02 AM   #25
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Too bad we do not have an experienced insurance agent (or maybe a lawyer) to respond to this thread. I just read the section of our insurance policy dealing with subrogation. As I understand what I just read, by filing a claim and accepting payment for a loss, I would give any right to recover damages to our insurance company. If true also for the OP, he would have no option but to hope the insurance company would get his $500 back. Perhaps I did not completely understood what I read. Would not be the first time I did not completely understand a legal document.
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Old 06-20-2012, 12:41 PM   #26
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Startech.... Totally sympathize with your situation. However, I would work with my Broker..... This is exactly what he gets paid to do.

1)Your premiums should not increase as a result of this claim...get your Broker to confirm this in writing or start shopping for a new policy

2) Have you Broker clarify.... why or why not.... your Insurance Underwriter is or is not pursuing her Insurance for compensation. At the end of the day...who cares... Not really your problem other than the deductible.

3) Have your Broker clearly explain "why" you are responsible for the deductible. Unless his explanation is totally outrageous....move on.... forget all this legal stuff... my lawyer charges $250 to answer the phone!

Hey, I'm with you on this one, but at some point $500 is not worth getting totally bent outta shape over. Good luck whatever you decide to do.
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Old 09-17-2012, 06:23 PM   #27
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She has to pay the deductible. Extra tie down and supports says she was worried about the awning...
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Old 09-17-2012, 06:47 PM   #28
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I was in an RV Resort and was setup next to a very nice lady that lived there full time in a 5er. She had her 30ft awning permanently staked down with straps and homemade extra braces for so long, there were vines growing up it. Long story short, while under a tornado watch, the wind pulled the stakes out of the ground and flipped it over
When I look at this scenario, I see many questionable actions regarding this unfortunate incident. One is that the area was under a tornado watch. If you read you owner's manual, you will find a warning about being in an RV during high wind conditions. In fact, I would have pulled up stakes and left the resort. So by staying, you incurred liability as well. Certainly a tornado watch and high winds is not a normal occurrence. As such, the old lady had her awning secure for normal conditions, not for extreme winds, which is all she is legally obligated to do. If this was me, I'd write off the $500 a life lesson and move on.
That just my humble opinion though.......
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