Damage done at RV repair shop

[bchahn1950]

This has been quite an adventure. First we travel 600 miles to our campground at Colorado Springs and noticed an issue with one of the wheel bearings. Had to have it towed to a local repair shop. $250
Had to leave it there until parts order came (9 days) and repair was done (replace axel). $1500
It was placed at the back of their lot near some old dead trees. A windstorm came through and toppled a large branch on the camper, piercing the top and slide out top. Now we have an additional billing for this repair - br vent, tops, antennae, etc. Totals: $6700 separate from axel repair.
We have no insurance.
Should one be liable for damage which happened on their property?

[dustyone]

I think that you need to talk to a local attorney about this. Each state has their own laws concerning property damage.

[foakes]

I agree with Dusty.

In nearly every state, any repair facility for automotive and or Recreational Vehicle purposes are required by law to have “Garage Keepers Liability Insurance” in place — it is part of their licensing requirements.

Basically, it insures that any vehicle in their “care & custody” is insured for any eventuality — at no loss to the client.

Shops generally will not offer this information — because they do not want a claim on their policy that will raise their future rates due to negative experience.

But if they are a licensed repair shop — chances are good that they have this in place.

This was not your fault, and you should have no loss.

Best, Fred

[bchahn1950]

Originally Posted by foakes

I agree with Dusty.

In nearly every state, any repair facility for automotive and or Recreational Vehicle purposes are required by law to have “Garage Keepers Liability Insurance” in place — it is part of their licensing requirements.

Basically, it insures that any vehicle in their “care & custody” is insured for any eventuality — at no loss to the client.

Shops generally will not offer this information — because they do not want a claim on their policy that will raise their future rates due to negative experience.

But if they are a licensed repair shop — chances are good that they have this in place.

This was not your fault, and you should have no loss.

Best, Fred

Thank you for your responce. I feel if I had parked it under the trees I might find some responsibility. The responce today is that they have insurance but it doesn’t cover damage from weather related instances. ??

[bchahn1950]

Thanks dustyone.
Their message today says that the have insurance but it doesn’t include damage from weather. These trees are dead and might have fallen any time.

[dustyone]

That's why I said contact a local attorney!!!!!!! It is their responsibility to insure reasonable safety. Dead trees are their responsibility to remove or protect clients property. Contact a local attorney. Don't wait

[foakes]

There are a few ways for this to be resolved, but contacting a local attorney is step #1.

A competent civil attorney will research and know all of the laws that regulate a vehicle repair facility in whatever state this occurred in.

This will include all licensing current and up to date.

Legal name of the business, the owner, the service manager.

The attorney will examine all of your written estimates and paperwork for any loopholes to your advantage.

The attorney will contact the repair facility with a certified letter, asking for a response within 72 hours.

One last thing that may be of help — check with your insurance agent for your tow vehicle — and also check with your homeowners insurance. You may be surprised to find out that your homeowners insurance may help you. Although homeowners will cover weather related damages to your travel trailer — the moment it leaves your property, it is not covered. But check anyway.

At this point, the repair facility is bluffing you, and they just hope you pay up, go away, and never come back.

Best, Fred

[foakes]

One last thing for others to remember —

We have insurance through Nationwide on our ‘02 Tacoma truck, ‘22 Subaru Outback, ‘09 Funfinder 189FBS, and our ‘02 Six-Pac Cabover camper.

Our annual charge on the Fun Finder is $135.84 with a $50 deductible.

The camper charge is $87.76 per year.

This is all full coverage insurance.

Well worth it for us.

Best, Fred

[dustyone]

Keep us abreast of how it's going!

[bchahn1950]

I will. Right now we are waiting for them to finish the initial repair. Wheel bearing.
It’s quite a process finding attorneys when out of state. There’s a group that supposedly will help us find someone from that county. That brings up another question … am I better off not having a local lawyer? Also… I could try doing this ‘pro se’ by myself. ??