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Old 08-27-2011, 01:12 PM   #1
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Really need advice on RV legal matter

I own a 2011 Cougar High Country. I stupidly damaged my roof by a low lying tree branch. The rubber roof ripped along one side. I brought it for repair to the dealership where I bought the RV (I would rather not say the dealerships name at this time). My insurance company sent an adjuster out and an agreement was made with the service department to replace the roof. I got a call from the service department two weeks ago saying that Keystone sent the new roof and that it is a slightly lighter shade of grey that the original roof (the Cougar High Country is grey with black trim so the roof is a light grey color to match). The service guy said serveral things that implied that this is what Keystone sent so it must be the right color. I could go into lots of detail about that phone conversation but this post would be too long. I'll just tell you what I think is the most important thing that was said. He said that my RVs VIN# was used to order the new roof. He said that they use VIN# to make sure that the right parts are received. He then added that he would "go for it, it will look fine" he said that he was just calling to tell me that the color is a little lighter. I believed him and said to go ahead and install what they sent. When the job was done and we went to pick it up, we were shocked at the color. The new roof is white and looks horrible on a grey trailer. I refused to accept it and was told that unless Keystone admits that they sent the wrong color that the dealership would not pay to install a new roof. I went home and call Keystone Customer Service right away. They looked up the records and told me that my VIN# was not used to place the order and that the service department ordered a color called DOVE (I suspect that DOVE is the color for the regular Cougar which is white, not the high country which is grey). Keystone called the dealership and they insisted that I approved the color so I'm stuck with it. I've tried several times to call the general manager but got no call back. I also wrote a letter and faxed it to the gereral manager explaining all that transpired and still got no response. I just spoke to a lawyer by phone and he explained that I need to file a "Property Damage Claim". He explained that I would have to give a small retainer to start the claim and then all remaining legal fees are paid by my insurance company. Here's my question to the Forum: I'm sure that if I take this route I'll get a new roof of the right color. But, that means that the insurance company will have to pay-out a ridiculously high amount of money to replace the roof. My insurance rates will go up for sure. Should I accept the white roof? Should I fight this and pay the retainer and increased insurance rates? Please give me some feed back. I've never been screwed by anyone like this before. Last question for the Forum: If I decide to accept the white roof, can a rubber roof be dyed to make it look better? Paint is out of the question of course because it would peel.
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Old 08-27-2011, 01:49 PM   #2
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First, don't assume what your insurance company will or won't do. You need to talk to them and ask them straight up what the impact on your rates will be, if any. Then go from there.
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Old 08-27-2011, 02:02 PM   #3
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I would think if it is not too late, notify the insurance company that the repair is unacceptable and they should withhold payment. Get the adjuster involved. If payment is withheld to the dealer, they may be more co-operative or you may be able to go to another dealer.
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Old 08-27-2011, 02:03 PM   #4
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I'm no attorney but I'm in the final stages of a major repair to my coach.
I would contact my insurance carrier first. Explain the situation to them and inform them you will not be accepting the coach in it's current condition. You may also inspect your policy to see if it states "repairs will be performed to return your RV to factory condition". Let the repair shop work it out with the adjuster. I think you will find your carrier is willing to work with you.
In the mean time don't fax or email any correspondence to the repair shop. Prior to the fax you could have told them to prove you said the color change was OK.
As far as the premium increase this a a comp issue, not an "at fault" condition. If your rates go too high you can search for another carrier. At least you'll have the right color roof.
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Old 08-27-2011, 03:49 PM   #5
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Stop by the dealership and get a sample of the original roof before it "Mysteriously" disappears. Then you will have a sample for the insurance company. Contact the insurance adjuster and see what they have to say. keep the attorney at bay, till needed. Remember sugar catches more flies than salt.
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Old 08-27-2011, 04:14 PM   #6
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"Stop by the dealership and get a sample of the original roof before it "Mysteriously" disappears. Then you will have a sample for the insurance company. Contact the insurance adjuster and see what they have to say. keep the attorney at bay, till needed. Remember sugar catches more flies than salt."

Excellent advice. You may have problems unless there is documentation showing the actual agreement or lack thereof concerning the conversation with you and the service dept. hea.
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Old 08-27-2011, 04:26 PM   #7
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I am not a lawyer but here is my ten cents worth on this subject.

One. this is a new roof that completely covers the top of your Rv
Two. This roof is the incorrect color as compared to the ''old roof''
Three This ''color''' is offensive to you as you look at it now.
Four Will this ''color'' of roof material really make a difference in the value of your unit should you propose to sell it in the near future? (without seeing it .... I would doubt it)
Five.... I have been RV'ing since 95 and I have owned 3 RV's and I personally have never paid any attention to the ''color'' of the roof material except when I go up to clean the bird stuff, black spots, rust spots, and other discolerations off my white roof.
Six.... You have a good point in that they did not replace with original color but to be honest ....... (i mean no disrespect to you) Are you kinda beating a dead horse on this thing.
Seven.... Perhaps for the satisfaction of all concerned the RV repair place could paint the edge of the molding around the bottom of the roof to the color of you RV for a better ''blend of color'' and perhaps compensate you with money for the mistake.
Eight. Here is what I have found in situations like this ... (I had Camper world install a Banks exhaust system on my coach)
a. they will have your coach and will keep it till the tires rot off the rims and say they are waiting on the proper parts.
b. they will argue you in the ground that you AUTHORIZED THIS COLOR CHANGE.
c. If or when you hire a LAWYER, God help you on this because they get paid by the hour and they will tell you that ''THE WHEELS OF JUSTICE GRIND SLOWLY,,,,,,,, SEND ME ANOTHER THOUSAND DOLLARS AND I WILL CALL YOU... (been there done that, it was not worth it)
Nine.... If you can live with the color, ask for monitary compensation and let it go.... YOU CAN NOT WIN.....and when you WIN you will lose.... (been there and done that also)

Mind you, this is all my opinion and it will not be worth the ten cents I am charging you should you use this advise..... of course, IF IT DONT WORK FOR YOU ......I NEVER KNEW YOU.....


God bless our troops and keep them safe
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Old 08-27-2011, 04:32 PM   #8
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Originally Posted by Just Because View Post
Stop by the dealership and get a sample of the original roof before it "Mysteriously" disappears. Then you will have a sample for the insurance company. Contact the insurance adjuster and see what they have to say. keep the attorney at bay, till needed. Remember sugar catches more flies than salt.
I do have a small sample of the original roof. When we went to pick it up, I asked to see the old roof. They said it was gone, but a little while later a guy came out of the office with a small piece. I cut it in half and kept a piece (the guy got a dirty look from the service manager when he gave me the piece). Tomorrow is Sunday. Service people won't be there. We're planning to go with the sample and a camera to take photos of the roof as a whole and then lay the sample on the roof and take a photo. Also, they have two new Cougar High Country's on their lot. We're also planning to take photos of those roofs for comparison. Monday morning we'll go to our insurance company.
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Old 08-27-2011, 04:55 PM   #9
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The only legal advice I can give is "Call an attorney" That done....

I really can not say more.. I will explain that however... Laws vary state to state and in cases like this contract to contract.. Since I"m neither licensed to practice law (and there is a reason they call it practice, only one "Lawyer" ever got it perfect, we call him God) nor any other state (Which Is how I know I"m not licensed in yours) I can not give advice.
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Old 08-27-2011, 04:58 PM   #10
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Quote:
Originally Posted by Seajay View Post
I am not a lawyer but here is my ten cents worth on this subject.

One. this is a new roof that completely covers the top of your Rv
Two. This roof is the incorrect color as compared to the ''old roof''
Three This ''color''' is offensive to you as you look at it now.
Four Will this ''color'' of roof material really make a difference in the value of your unit should you propose to sell it in the near future? (without seeing it .... I would doubt it)
Five.... I have been RV'ing since 95 and I have owned 3 RV's and I personally have never paid any attention to the ''color'' of the roof material except when I go up to clean the bird stuff, black spots, rust spots, and other discolerations off my white roof.
Six.... You have a good point in that they did not replace with original color but to be honest ....... (i mean no disrespect to you) Are you kinda beating a dead horse on this thing.
Seven.... Perhaps for the satisfaction of all concerned the RV repair place could paint the edge of the molding around the bottom of the roof to the color of you RV for a better ''blend of color'' and perhaps compensate you with money for the mistake.
Eight. Here is what I have found in situations like this ... (I had Camper world install a Banks exhaust system on my coach)
a. they will have your coach and will keep it till the tires rot off the rims and say they are waiting on the proper parts.
b. they will argue you in the ground that you AUTHORIZED THIS COLOR CHANGE.
c. If or when you hire a LAWYER, God help you on this because they get paid by the hour and they will tell you that ''THE WHEELS OF JUSTICE GRIND SLOWLY,,,,,,,, SEND ME ANOTHER THOUSAND DOLLARS AND I WILL CALL YOU... (been there done that, it was not worth it)
Nine.... If you can live with the color, ask for monitary compensation and let it go.... YOU CAN NOT WIN.....and when you WIN you will lose.... (been there and done that also)

Mind you, this is all my opinion and it will not be worth the ten cents I am charging you should you use this advise..... of course, IF IT DONT WORK FOR YOU ......I NEVER KNEW YOU.....


God bless our troops and keep them safe
I actually agree with much of what you said. I understand that it's going to cost me more money to get the right color and that's what I'm struggling with - is it worth it? However, my RV is a 5th wheel and if you have seen the new Cougar High Country, the roof can be seen from the front view because of the sharp areodynamic angle of the front cap. Actually a lot of the newer 5th wheel are like that. Also, it is my opinion that you can see the roof on 5th wheels from the rear when you stand back a distance because of the angle again. And, the AC cover and everthing else on the roof is black. If all the trim was white it might work better. This is why I asked in the original post if anyone thinks that it is possible to stain or dye a rubber roof. I know that question sounds crazy but maybe someone out there knows something that would keep me from going the legal route.
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Old 08-27-2011, 05:22 PM   #11
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You really have to make the decision based on what you feel is best for you and it appears that what you feel is best is to have it the way it was before the damage occurred which is a reasonable request.
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Old 08-27-2011, 05:23 PM   #12
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Consulting a lawyer would be a wise move. A lawyer will be able to tell you your rights and what chances you would have at getting satisfaction whether you sue or not. Make it clear when you speak to the lawyer that it is just a consultation and be prepared to pay for her/his time.
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Old 08-27-2011, 07:30 PM   #13
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Originally Posted by LadyFitz... View Post
Consulting a lawyer would be a wise move. A lawyer will be able to tell you your rights and what chances you would have at getting satisfaction whether you sue or not. Make it clear when you speak to the lawyer that it is just a consultation and be prepared to pay for her/his time.
If the attorny suggest that you take legal action; (sue) attorneys love these things" you have lost even if you win.
I can almost assure you the attorney will drag this along as long as he can;
At $150.00 to $200.00 an hour you; soon have the price of a new roof; and you will still have the one you started with.
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Old 08-27-2011, 09:11 PM   #14
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If you loose, just consider explaining to anyone that asked why the roof is white that you ordered it that way to reflect the heat. They'll never know the difference.
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