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Old 03-07-2011, 10:18 PM   #21
Villa Estate 392FLFB
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Join Date: Aug 2010
Location: Saskatchewan, Canada
Posts: 1,085
this could get UGLY

Demand a new unit!

Get statements!!
DOCUMENT EVERYTHING!! - note down every call time and date and anything else needed!

One state/province at a time!
Full Timing - Salem Villa Estate - 392FLFB - Purchased July 29th 2010
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Old 03-08-2011, 06:00 AM   #22
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Location: Moose Jaw, Saskatchewan
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I think a new unit, however I would be real suprised that it would come from the dealer. The transport company is independant and the RV dealer has 0 control over the unit after it leaves their lot. If you were to purchase a large item and have it shipped UPS or Fedex and it got damaged, who would you go after? The retailer or shipping company? I believe you would be after Fedex or UPS so why would this be any different. I think the dealer should help you out in getting the shipper to cough up but that would just be for good customer relations not because they had to.

Good luck and keep us posted.

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Old 03-08-2011, 06:20 AM   #23
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Hate to say it; but time for a good civil lawyer.

While this might all work out without one, the odds are very small.
You might well find out the driver is an "independent contractor" to the shipper and not an employee at all. Suing him will get you nothing but a declared bankruptcy.

You will need to sue everyone in the chain and look for "deep pockets" to pay for a new rig. I doubt the driver will have that kind of insurance.

Lou and Laura with Bella - German Short Hair Pointer
2008 GMC Sierra 2500HD Crewcab SB Allison Duramax
2010 Flagstaff 8526RLWS - Superglide 3300
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Old 03-08-2011, 06:39 AM   #24
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Location: Southeast Wisconsin
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I don't have anything to add beyond the good advice already given, but do want to wish you all the best in getting this squared away. Keep us informed as a much as you can, which may mean nothing more until the lawyers wrap this up.

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Old 03-08-2011, 07:03 AM   #25
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Location: Elkhart, Indiana
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Sorry to hear about what happened, it bothers me that the driver got into an accident, did not report it and then delivered damaged goods. I would also contact the police; he had an accident with damage and failed to file a police report. I think this would be considered fraud. Find out if your state and the contract will allow the 72 hour period to void the contract and if it applies to this purchase. The unit was fraudulently delivered damaged and you would not of accepted it if you had known this.
I would also (as stated above) document all this and remember “time is of the essence”. If anything is said or promised get it in writing.
keep us posted.

2007 Chevy 2500HD CC
2010 V-Lite 30WRLTS
Nights Camped 2011 -64
Nights Camped 2012 -50
"I Live in My Own World, But It's OK. They Know Me"
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Old 03-08-2011, 09:27 AM   #26
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Location: Paoli, Indiana
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Just a thought...

I'm guessing it is insured so let your insurance company know what happened. Maybe they can send an adjuster out to determine how much damage was done. From the description, I bet they total it.

Enjoying the great outdoors with one hubby and 2 boxers!
2011 Georgetown 280DS
2010 Jeep Wangler 4x4 Toad
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Old 03-08-2011, 09:35 AM   #27
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I agree with the insurance company looking at it. I think the delivery companies insurance would be the ones that have the liability. I also think the delivery driver knew this and choose to be a dishonest ...... and not say anything.

2007 Chevy 2500HD CC
2010 V-Lite 30WRLTS
Nights Camped 2011 -64
Nights Camped 2012 -50
"I Live in My Own World, But It's OK. They Know Me"
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Old 03-08-2011, 10:13 AM   #28
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Location: Upperco, Maryland
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I didn't see where anyone signed or accepted the delivery? Was this just a dump and run? I wish you all the best with resolving this problem. New camper by all means but you'll have a battle on your hands. Someone should have told the delivery company to take it back where it came from.

2007 Georgetown 370TS

Driver: Charlie
Navigator: Sheri
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Old 03-08-2011, 12:32 PM   #29
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Join Date: Jan 2011
Posts: 330
I called Tropical RV and let them know the deal. I took pictures of the scene and so forth sent it all to them. Unfortunately I signed a piece of paper as on the exterior I did see any physical damage other than the mud and dirt around the wheel wells and so forth.

The damage was to a small paneling piece next to the fridge...dont know if the unit is damaged or the frame bent. From my eyeball, I would say no. Then again there was obviously some force applied to break the panel. The fridge in the 233S is not flush mounted in a bank of cabinets. It is flush mounted in its own space, but the front portions are finished off with a piece of paneling and that is the piece that broke.

As far as the deliver company ... the driver told me he got stuck in the mud. We got over 5 inches of rain here Saturday night and getting lost and stuck in the mud is understandable. At no time did he describe to me what had really happened. I take folks at face value and trusted he just got stuck in the mud which is a different story than what my neighbors described having somebody refuse the camper because he was stuck in the mud does not seem rational at all to me. Had the guy been honest, then by all means I would have refused it. However, he was not and here we are today.....

No insurance company will total this unless they have some laser device that will determine if the frame is bent. There is NO WAY I am calling my insurance company as I did not possess the unit, I did not cause this accident and I had no clue...this is not my responsibility here at all....
Bob, Tonya and the kids
11 Rockwood Roo 233S
08 Grady White Seafarer 228
08 Tundra 5.7 liter 4x4 crew cab TRD limited
08 Toyota limited 4 Runner Iforce V8 full time 4WD, tow package
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Old 03-11-2011, 11:20 PM   #30
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Any update from the dealer? I wish you luck.

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