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Old 09-17-2012, 06:59 PM   #29
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She made reasonable and seems to me, greater pre-caution than most, in securing her awning if tied down as I've read. What did she do that was negligent? She must have be considered negligent to be held responsible in most states.
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Old 09-17-2012, 07:15 PM   #30
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Hello Nitrohorse,

In Northeast North Carolina high winds are a routine recurring event, tornados are possible in any storm front whether or not you get warnings over the TV, radio etc. Any responsible RVr secures the rig in stormy weather. When wintering in Texas we never leave the awning up unless we are at the rig. Texas is truly the "windy" state.

It may be too late for more discussion but the Nice Lady should pay the deductible.

The local water department caused an airlock in the plumbing causing extensive water damage in a rental house we own. At the end of the insurance claim the county water department DID reimburse us for the $500.00 deductible. Moral of the story--always try to get the causative (sp?) party to do the right thing.

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Old 09-18-2012, 04:53 AM   #31
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Originally Posted by ncason View Post
Hello Nitrohorse,

In Northeast North Carolina high winds are a routine recurring event, tornados are possible in any storm front whether or not you get warnings over the TV, radio etc. Any responsible RVr secures the rig in stormy weather. When wintering in Texas we never leave the awning up unless we are at the rig. Texas is truly the "windy" state.

It may be too late for more discussion but the Nice Lady should pay the deductible.

The local water department caused an airlock in the plumbing causing extensive water damage in a rental house we own. At the end of the insurance claim the county water department DID reimburse us for the $500.00 deductible. Moral of the story--always try to get the causative (sp?) party to do the right thing.

Nancy
Nancy,
I agree that high winds are a common occurrence in basically all the states. Three Saturdays ago I lost a hugh Cherry tree to an unexpected storm. My point is that there were tornado warnings issued at the OP's resort. The OP has shared liability as he was in an RV, at a resort, with a tornado warning issued. RV's are not considered high wind/tornado tolerant,which in reality not much is. My wife is a para-legal and I ran the OP's situation by one of the attorney's where she works. He is familiar with PA law only, but said that the aggrieved party (OP) would have to pay the deductible. The only chance the OP would have here in PA to collect the $500 would be if he could prove that the lady was "grossly negligent." Since it appears that she had her awning secured by additional means, and that by evidence of vegetation growing on the arms that the awning was secured for a lengthy period, she was not grossly negligent. Again, this is Pennsylvania law and laws will vary according to each state.
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Old 09-19-2012, 08:11 AM   #32
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If it were my awning

If it were me, I would have written you a check for $500 and you wouldn't have needed courts or a lawyer.
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Old 09-19-2012, 08:17 AM   #33
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The OP is from June. What was the resolution of the situation? Update please.
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Old 09-19-2012, 08:29 AM   #34
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Any photos of the damage?
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Old 09-19-2012, 10:22 AM   #35
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First, I want to thank all of you for your input-both for and against. I do have pictures and will post later when I have more time. Nitrohorse, thank you for running this by an attorney. Its always good to have their input, like it or not. You have to realize that I LIVE in a 40ft coach. I am a seasonal patron, not a weekender. Just like the lady next to me could not have pulled up and left, neither could I in reasonable time. Move car hauler out of way. Pack everything up for travel. Dump tanks. Fill with 120 gallons of water. Disconnect and pull in slides. Hook up car hauler. Load car. Safety check. Experience dictates 1.5 hours. Really? Try to outrun an approaching storm? My manual says to abandon and find a safe cover. I was listening for that train sound to run to a laundry building only 100 yards away if needed.

I will repeat-I feel she was grossly negligible because she failed to secure her awning in bad weather per the owners manual verbatim.
Quoted from her manual...
"WARNING
AWNINGS ARE DESIGNED TO PROVIDE SHADE AND PROTECTION FROM THE SUN. THE EFFECTS OF WIND AND RAIN ON AN AWNING ARE UNPREDICTABLE AND CAN CAUSE SEVERE DAMAGE TO THE AWNING AND/OR THE VEHICLE. IF WIND OR EXTENDED PERIODS OF RAIN ARE EXPECTED, ROLL UP THE AWNING AND SECURE."
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Old 09-19-2012, 10:24 AM   #36
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Oh yeah, my insurance is in process of subrogation with her insurance company at this time.
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Old 09-19-2012, 12:04 PM   #37
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Sad Story.
I had a sticks and bricks house that I owned for 18 years, we had a wind storm that blew the shingles off of the roof-my insurance company that I had for 18 years refused to pay anything claiming "Act of Nature"
Never got a dime, but did get a new insurance.
How odd. Usually 'wind damage' is a normal coverage with a H/O policy. For something like a Tornado you may well need a policy rider, but for wind ....
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Old 09-19-2012, 12:16 PM   #38
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I will repeat-I feel she was grossly negligible because she failed to secure her awning in bad weather per the owners manual verbatim.
Quoted from her manual...
"WARNING
AWNINGS ARE DESIGNED TO PROVIDE SHADE AND PROTECTION FROM THE SUN. THE EFFECTS OF WIND AND RAIN ON AN AWNING ARE UNPREDICTABLE AND CAN CAUSE SEVERE DAMAGE TO THE AWNING AND/OR THE VEHICLE. IF WIND OR EXTENDED PERIODS OF RAIN ARE EXPECTED, ROLL UP THE AWNING AND SECURE."
Mine reads the same (different language, but same conclusion). Frequently spend December and January in the Brookings, Oregon area for winter steelhead fishing. Over that period you can just bet you're going to get at least one or two really dicie storms off the Pacific.

One thing the RV park insists is you pull in your plastic shade tree AND all slides. They also recommend (but don't insist) that you pull up your leveling jacks so you get as much coach weight directly on the tires as possible.
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Old 09-19-2012, 12:51 PM   #39
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I don't see how this is any different than say a tornado or hurricane winds blowing debris from other people's property to destroy mine. I'd say "act of nature" is correct and the lady is not negligible.
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Old 09-19-2012, 03:04 PM   #40
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What does your insurance company say about it? They can and should go after her insurance on your behave as stated by RustyJC. Have you talked to the lady about covering your deductible???? Sometimes a gentle prod with a summons will get her attention. She might figure that it's easier (and less stressful) to write you a check for $500 than to go to court....All else fails haul her butt off to "People's Court!"
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Old 09-19-2012, 06:36 PM   #41
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Originally Posted by Startech View Post
First, I want to thank all of you for your input-both for and against. I do have pictures and will post later when I have more time. Nitrohorse, thank you for running this by an attorney. Its always good to have their input, like it or not. You have to realize that I LIVE in a 40ft coach. I am a seasonal patron, not a weekender. Just like the lady next to me could not have pulled up and left, neither could I in reasonable time. Move car hauler out of way. Pack everything up for travel. Dump tanks. Fill with 120 gallons of water. Disconnect and pull in slides. Hook up car hauler. Load car. Safety check. Experience dictates 1.5 hours. Really? Try to outrun an approaching storm? My manual says to abandon and find a safe cover. I was listening for that train sound to run to a laundry building only 100 yards away if needed.

I will repeat-I feel she was grossly negligible because she failed to secure her awning in bad weather per the owners manual verbatim.
Quoted from her manual...
"WARNING
AWNINGS ARE DESIGNED TO PROVIDE SHADE AND PROTECTION FROM THE SUN. THE EFFECTS OF WIND AND RAIN ON AN AWNING ARE UNPREDICTABLE AND CAN CAUSE SEVERE DAMAGE TO THE AWNING AND/OR THE VEHICLE. IF WIND OR EXTENDED PERIODS OF RAIN ARE EXPECTED, ROLL UP THE AWNING AND SECURE."
I think you're missing my point. I never suggested you try to out run a tornado and to be quick frank, I really have no idea how you came to that conclusion. What I did say is that when you camp in a campground, you (we) expose ourselves to risks. This is how a court will view it, especially in light of the fact that a tornado watch was forecasted. RVs are not built to withstand high winds. By camping in an area where tornados are a possibility, you shared in the liability. Anyhow, I think this has become the preverbial "beating a dead horse" so I will end my reply with I wish you luck in whatever recourse you choose.
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Old 09-20-2012, 08:37 AM   #42
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When the first Michelin destroyed the right rear of my truck bed, I had the tire sent to Michelin and they said it was Run Flat. The second time a Michelin destroyed my right rear truck bed, I had an accident reconstruction firm evaluate the tire and they said the tire was at fault. I got a letter from AmFam saying I would be notified of the outcome of the subrogation. I waited over a year and when I called AmFam, I was told: "Oh yeah, we got a check from Michelin a year ago." They sat on my $1000 deductible for a year.

My point: Don't sit on it and expect your insurance company to notify you if and/or when they get a settlement. BTW, I no longer use Michelin or AmFam.
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