Community Forums

Startech · 06-19-2012, 08:43 AM

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 her trailer and flung one of the legs into the side of my MH punching 2 holes in the side and one hole in the roof.

Her insurance cut her a check upon inspection and wrote me a denial letter stating no liability due to forces of nature. So I was forced to file with my Insurance and pay the $500 deductible. Total damage was almost 12k. Should I just lick my wounds and move on?

kat_nda_sand · 06-19-2012, 08:47 AM

I don't know what else you could do

Although I do find it odd that it wasn't force of nature for her but it was for you.

Larry & Rita · 06-19-2012, 08:49 AM

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.

edj · 06-19-2012, 08:51 AM

It all depends on the terms of the insurance policy one has. Her damage would come under the 'comprehensive' coverage. The damage to your motorhome would come under 'liability'.

My mother had a similiar case with her house. A tree in her yard was blown over by a 'near' hurricane wind. Damage to her property was covered. The neighbors fence was not.

fredaevans · 06-19-2012, 08:52 AM

Appears that you 'were made whole' by your insurance company, save for the deductible ($500.00). Your one real world option (I'm assuming she's not going to cut you a cheque) is small claims court. But given the time involved, location of the loss, etc., is it worth it?

edj · 06-19-2012, 08:56 AM

Quote:

Originally Posted by fredaevans

Appears that you 'were made whole' by your insurance company, save for the deductible ($500.00). Your one real world option (I'm assuming she's not going to cut you a cheque) is small claims court. But given the time involved, location of the loss, etc., is it worth it?

The case would probably lose in court for the same reasons the insurance denied payment.

sam-3 · 06-19-2012, 09:00 AM

Write to Highways action line to see if you can get the neighbors insurance to pay your deductible.

Ramblin · 06-19-2012, 09:02 AM

Quote:

Originally Posted by edj

The case would probably lose in court for the same reasons the insurance denied payment.

I agree. To have a hope of recovering the $500 in court you would probably have to be able to show negligence on her part.

Startech · 06-19-2012, 11:27 AM

Thanks everyone. I might be able to prove negligence because in the owners manual there is a warning. Something like these are designed for shade and to put them up for long periods of rain or winds in excess of 20 mph, or serious damage, injury or death could occur. Basically they are not designed to be made permanent. She is a real nice lady and I hate to sue, so I just may ask her to reimburse me for the $500. Now I have a claim on my history, which may hurt when I insurance shop and it may devalue my rig when I decide to sell it.

RustyJC · 06-19-2012, 12:18 PM

Quote:

Originally Posted by fredaevans

Appears that you 'were made whole' by your insurance company, save for the deductible ($500.00). Your one real world option (I'm assuming she's not going to cut you a cheque) is small claims court. But given the time involved, location of the loss, etc., is it worth it?

If the OP's insurance company goes after her insurance company through subrogation and gets them to pay, the OP should be able to recover his deductible.

Rusty

pagosajoe · 06-19-2012, 12:45 PM

Quote:

Originally Posted by RustyJC

If the OP's insurance company goes after her insurance company through subrogation and gets them to pay, the OP should be able to recover his deductible.

Rusty

X2! My thought too...

jeryan59 · 06-19-2012, 02:23 PM

An act of nature is not covered under your liability portion of your policy for Bodily Injury or Property Damage. You must be legally liable for bodily injury or property damage for you liability insurance to be responsible. You may have a case due to the weather forecast on the grounds you stated but depending on her age of awning and did her brochure have the cautions depends on how legally liable she is. Small Claims may be an option but unfortunately her legal liability would be similiar due to the act of nature.

A neighbor who had a dead tree and didn't do anything about it for an extended period of time can be found liable if it falls over as an act of nature and causes damage.

Keep this in mind on "collision deductible" also for hit and run accidents or uninsured at fault accidents, a large collision deductible because you believe you will never be at fault, but sometimes things are out of your control.

nosticks · 06-19-2012, 02:34 PM

It's not just the $500, it's the increased premiums you will endure for the next three years due to your claim. Small claims is an easy file and I would do so, particularly if I didn't even get an apology or her offer to pay your deductible.

mat 60 · 06-19-2012, 02:45 PM

.........................Im going to change my answer to.......If it were me Id eat the 500 and go on with my life...The courts are tied up enuff....Things happen that are beyond anyones control......