Rooster - First. Sorry this happened to you, twice! I feel for you, and understand that unless you missed an obvious sign, it really should not have happened
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Lots of I'll say less then supportive, and a few downright negative to almost insulting responses. Surprised to see this, as I feel The Rooster has a right to be both ticked that it happened, and seek recourse.
And yeah, as far as insurance. It's all in get the business plan. 9 times out of 10, they'll pay the claim after deductible - and then just move on. Even when it's obvious another party is responsible, and should justly be handling, the costs. Why? Well, it's frankly just easier to raise the rates across the board - so instead of a business, or individual, or government entity covering the costs on something they were responsible for, or negligent and thus causing damage - ALL OF US END UP PAYING IT VIA HIGHER PREMIUMS.
This is the easy way out for the insurance company, which will do the math, and 99.999 times out of 100 - still make a nice yearly profit.
It was not this way in the 60's and into the 70's. Insurance companies used to go after the responsible party that was well, RESPONSIBLE. Now, it's just easier to raise the rates a few pennies here, and a few pennies there - and recover the costs.
All my opinion. And also my opinion, that it is not the right way for this to be handled. I know I personally spent probable 80+ hours over a 7 month period, to recover a deductible my mother paid to get her auto repaired. (A tree limb had fallen on the roof of her car. She'd parked the care on a public street before her and some friends took a bus for a day trip. While gone, a tree trimming service, hired by the local city, had come in and trimmed trees. One limb got away, an accident for sure, and the workers were nice enough to leave a note as to what had happened. My Mom's insurance company refused to go after either the tree trimming business, nor the city, for damages. They sent her a check, minute her comprehensive deductible, for the damages. I approached the tree trimming business first, and they blew me off. I then went an talked to the City, as I felt they had a responsibility when awarding contracts for services, to properly supervise the work. Put up no parking signs for that day. And, ensure public safety. They too first blew me off. So, I worked my way up the food chain until a reached the City Manager. Now, that took about 5-6 weeks of me being persistent. But when I got five minutes with him, calmly explained what had happened. He said 'You're right, your 78 year old mother should not have to cover the costs on this. He asked me to give him a few days to make some inquiries. We got both a check for the deductible, and an apology, form the tree trimming business. About two weeks later, the City Manger called me, and asked if the issue had been resolved. Said that company, per their contract, were to have followed the laws and obtained permits, and then had No Parking Signs set up the day before. So he had made it clear to the company owner that their failure to follow the contract, made them in jeopardy of no longer being authorized to bid on future contracts with the city.
Long story, my nature, and yeah - 80 plus hours over these several months of tilting the sword at the windmill was not cost effective on my point. But, it was a matter of principal.
Even now, a more mellow Smitty, will still speak out and be tenacious when I feel something is just not right. Sometimes it makes a difference, and the feels good. Many times it does not, but at least I tried. Wish more people would hold those responsible accountable.
Another case in point. State Park in Colorado. Online Reservation made, listing my coaches size at 40'. Unmanned gate when we came into the park, knew our site, and after consulting the map headed into our sites location. Got maybe 1/3 of the way, before I started seeing the trees really narrow into the roadway. I stopped, got out and walked several hundred more yards, and determined no way I was going to get in without custom pin striping from the tree limbs. or worse, more then cosmetic scarring. Unhooked the toad. And my wife spotted me as I backed out almost all of the way we had come in. Was almost to the entry point when I found a place I could turn around. I did, and then started to drive back out, the wrong way on a one way loop. Dang if a park employee does not now show up, and asks me for my Drivers License, and starts to write me a ticket. Got them to wait a second, and asked them what would they have done if there coach was about to be damaged due to trees in the roadway? Got some push back about I should not have been driving such a large vehicle on that road to begin with, with attitude I might add, and I again politely asked them to wait a minute (Sort of had to, as I also politely removed my Drivers License from the top of his clip board. Went into the coach, and came out with our printed online reservation info. Pointed out where it said 40' RV. And the asked do you really want to write me a ticket for doing the right thing? He took a good 20 seconds, and said 'You're right, those trees should have been trimmed before the season started.'. I asked if he felt I could get to my site by coming in the back way of the loop? He said lets go check it out. Left my wife in the RV, off where I was turning around, and he and I drove the back way. I told him I thought I could get into the site OK from that direction, and he said I'll spot you with my truck as you do so.
Yeah, another long story. And a classic example where I did not do my normal validation of the roadway ahead, before proceeding. It had been a long days drive, with heavy traffic hold up and delays from construction, and then an accident. But no excuse, I usually always validate I can get into anyplace that is questionable. Prudent to do so. But, I was grateful that the gent was in the end, reasonable. We stayed a week at this park, and midweek, they had a tree trimming crew into clear the pathway.
Rooster. Today? I would not spend 80 hours to do battle. But, I do feel you should at least call in the problem, and ask if they have a department you should contact to file a claim. If not, then it's a judgement call on your part if it is worth filing with our own insurance company. (A funny business insurance. By law you have to have it. You pay good money for the insurance, sometimes for years without a claim. You make a claim, and sometimes with some insurance companies - you are now the bad guy for doing so...
Best to you,
Smitty
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