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Old 08-15-2020, 06:09 PM   #41
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Originally Posted by Adrian Gordon View Post
How long have you been practicing law and how many waiver of liability cases have you litigated?
None and none. A better question to me would be how many times I've engaged an attorney when someone trampled on my rights in a less-than-trivial manner, refused to back down, and how many times I've prevailed, with or without an actual filing. The answer to the former would be "each time" and the answer to the latter would be "every time".

One was a Title 42 USC 1983 action in federal court. Won that one as well and their claim of sovereign immunity was denied in a bench trial. That local government had five firms defending them including Squire Sanders Dempsey (at the time). They still lost and did not appeal. Because their conduct was so egregious, of course. That particular local government had the attitude that they could do anything they wanted until a court of law told them they had to stop. One of the individually-named defendants actually was quoted in a newspaper article saying that.

I have a family full of attorneys to rely on: magistrate in domestic relations, magistrate in probate, a couple in private practice, and a couple in government practice. One was GC for a couple of the "big box" stores and now teaches part-time at Yale. I run each issue past the appropriate one prior to proceeding. I am not a litigious person by any means but I also do not suffer fools very well. One of my many failings.

What was your area(s) of practice? If you're who I think you are, other parts of our backgrounds are not that dissimilar. The above case came about as a prior restraint incident when I worked as a firefighter/paramedic on a volunteer fire department, one that actually was a city department.

Ray
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Old 08-17-2020, 08:14 PM   #42
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File the claim. Went through hurricane Michael in 2018 and still have damage which has not been repaired because homeowners insurance company fights payment. Not just mine. This is standard practice with insurance. Hundreds of properties in Bay County, Florida are still standing, or not, the way the storm left them almost 2 years ago. The sooner you file the easier it will be to prove your case. BTW, the storage facility is not liable for the damage done by the tree because it was downed by the storm. You will have to depend on your insurance.
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Old 08-17-2020, 08:55 PM   #43
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You have an interesting situation so I'm going to give you a little advice on some damage I had, I'm also a retired contractor and have dealt with insurance companies and storms.

1st. If there is a tear in the roofing material and your unit being a year old they will demand that the entire roofing be replace, they will not cover it in the future if you patch it, a temp repair is acceptable to prevent further internal damage. So barring any structural damage your concerns about the items needing to be resealed will be done when the roofing is replaced.

Depending on your contract and any disclaimer the tree being on the owners property you rent from could be liable for some or a percentage, this comment could be a moot if there are any catastrophic clauses, such as hurricanes.

Regardless of what you do going forward I would have the unit professionally inspected and everything documented.
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Old 08-17-2020, 10:09 PM   #44
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I'd File it- and I don't usually!

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It happened sooner than expected. We bought our EPro in January. We've used it six times so far, and on Tuesday 8/4 Hurricane Isaias decided to drop a tree on it. We did't get there to check on it until Wednesday because we also had water and sewage forced back into our basement by the strom.

We originally thought the damage to the camper was very minimal and that the roof rack had caught it, but now that we were able to remove some branches we see that the camper roof is supporting the weight of the tree and prevented it from severely damaging the RV next to ours as well as the storage facility's fence.

The call was put in to the insurance company as soon as we got there and saw that it had happened. The facility is working on getting someone out to remove the main part of the tree.

I realize that until it gets inspected, there's no way of knowing the full extent of damage. What we can see so far is that there's a dent in the roof and a small tear in the roof liner, the roof rack also took a large branch and is dented, the satellite antenna had a larger branch on it, the one end cap to the awning had a piece on the ground (not sure if it broke or just pops off) and the solar panel is shattered internally.

I have no idea how much any of that may cost to replace/repair, and am curious as to whether - assuming this is all the damage there is - it's likely to be significantly more than our $500 deductible on our insurance plan and worth filing the claim. My gut is saying probably.

My husband is insisting that it's going to be able to be repaired and in use again come September/October, but that's also going to depend on when the tree gets removed and how soon I can get it in for repairs.
New trailer, $500 deductible? Yepper, I'd file it as there is probably significant damage that most would not notice.
If an insurance claim, it is likely that the repair location will find every little thing they can and make it right. Here in Texas, a falling tree is considered an act of God with no liability assigned unless something special about it, like dead and rotten.
Ready by September/October? Wow!
Please let us know damage and especially how long it took to get it back after repairs. If done in a timely manner, I'm pretty sure that more business will be coming their way.
Nothing that involves aviation, marine, or RV is inexpensive. The deductible goes fast.
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Old 08-18-2020, 06:27 AM   #45
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file a claim

My claim went as crazy as you can dream up. A tornado and high winds came through Indiana doing lots of damage. I noticed that most of my neighbors were getting new roofs and lots in the news about scams. I thought the insurance company for my house and a rental I own could guide me to someone they trusted. They sent a man out. Checked my house no damage. Drove with him to rental and the roof,siding, and gutters all were damaged. They covered all but the deductible. Two years later my neice became a insurance agent so I told her give me a guote. Her reply was since I had a claim on my house her company would not insure us for at least three years. When I told her there was no money spent on my house. But since I had them send someone to look at it, that counts as a claim. I called the Indiana Insurance Board and I was told they could and do do that. I do not call my agent first anymore unles it is real bad. They also use replacement cost which could be a used one without a specific rider. Good Luck
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Old 08-18-2020, 08:42 AM   #46
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CJ, I see damages like this all of the time on homes, cars & structures of all sorts. My guess would be that since it was in storage, comprehensive would take care of that and there would be no deductable to meet. Do as suggested in a previous reply and call your agent.

Mark
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Old 08-18-2020, 12:39 PM   #47
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The only way the storage lotís insurance would pay is if they were negligent. Wind blowing over an otherwise healthy tree was not the fault of the storage lot. Owner ship of the tree has no bearing on it. Fill with your insurance. This is a comprehensive loss and they cannot surcharge for it
Iím a retired adjuster and have a good knowledge of these things.
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Old 08-18-2020, 04:04 PM   #48
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In my view take a bunch of photos, remove the tree and take a look.

Honestly when I hear tree I think of a 100 foot Cedar Fir Tree and its a few thousand lbs slowly and then quickly rushing to earth as it speeds up and if you're lucky.. near the base homes, cars, trailers don't do to bad but near the middle up end up cutting homes and trailers in half.

So now with the tree removed figure out if it's a flesh wound..messed up roof... or if it's a big smack down, broken wall and or roof parts.

If stuff is busted up... I suspect it will be totaled out and you carry on find another. If it's just a flesh wound then you need to decide if a simple repair is ok or if you want a new roof installed, Both have advantages and disadvantages.

Good luck and let us know what you end up with.



Also I agree inquiring with Ins can be negative, I was going to move to a new company but they declined saying I had a claim, in the past... wait for it ... for $35 my agent said no money was sent out it was internal charge. I didn't file a claim the only thing I can think of is the dude that hit my car a few years ago called in trying to file a claim on my ins, it was a petty bump that I didn't even bother to file against his as the damage was less than a shopping cart would do, basically his tire hit my rear tire.. so tire on tire.
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Old 08-18-2020, 08:37 PM   #49
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To clarify my previous response, your comprehensive insurance (not the storage facility) should cover the damages without a deductable.

Mark
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Old 08-18-2020, 08:46 PM   #50
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Would you share with us please exactly how you "found" that? Frankly, I think you need either a better insurance company or a better source of information.
Geico. Called to speak to agent. As soon as I called to ask questions it was recorded as an incident. I specifically asked the question.
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Old 08-18-2020, 09:01 PM   #51
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Time to change. Mine sure does. That's Amica for the house cars/trucks. We have Progressive on the big trailer, never had a claim so no experience.
...apology for bumping off topic slightly, but same here RE good experiences with insurance companies...over almost 60 years of driving & owning. There are hundreds of insurance companies & some may well be sub par with client service & prices, but the two that I've insured with over the years have consistently treated me fairly. I recall one agent telling me that "all companies appear to be the same, but it's when things go off track that we look good & take care of you". He was right.
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Old 08-19-2020, 11:09 AM   #52
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The facility finally got someone scheduled. They're coming out this Saturday. The insurance adjuster won't come until it's completely off. I sent him all the photos I've taken so far, and he'll be in touch with me Monday to schedule to come out and look at it.

We've had some rain in the last couple of days, so I guess I'll find out if the seals have been holding up when I get there next, which will be Saturday morning.

I'll update once we know more.
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Old 09-15-2020, 10:37 AM   #53
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Update: Tree removal was completed, the adjuster came out and looked at it, agreed with what we saw and our concerns about possible unseen damage. We took the trailer to Tom Schaeffer's up near Hamburg on 9/2/20.

They were supposed to get a preliminary quote to the adjuster by 9/9/20... And we're still waiting. The adjuster reached out to me Friday to let me know that he'd be contacting them early this week if he didn't have something by yesterday (9/14/20).

Is it always like this when things need to be repaired!? So frustrating.
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Old 09-15-2020, 10:40 AM   #54
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Update: Tree removal was completed, the adjuster came out and looked at it, agreed with what we saw and it concerns about possible unseen damage. We took the trailer to Tom Schaeffer's up near Hamburg on 9/2/20.

They were supposed to get a preliminary quote to the adjuster by 9/9/20... And we're still waiting. The adjuster reached out to me Friday to let me know that he'd be contacting them early this week is he didn't have something by yesterday (9/14/20).

Is it always like this when things need to be repaired!? So frustrating.
{{{Is it always like this when things need to be repaired!? So frustrating.}}}


Usually worse.
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Old 09-15-2020, 10:43 AM   #55
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{{{Is it always like this when things need to be repaired!? So frustrating.}}}


Usually worse.
Lol. Thanks. I'll chill a bit. (maybe) It doesn't help that it took so long for the tree to get removed.
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Old 09-15-2020, 11:07 AM   #56
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Lol. Thanks. I'll chill a bit. (maybe) It doesn't help that it took so long for the tree to get removed.
It's not the tree removal that's your problem. It's always been difficult to get rvs maintained, but the surge in rv sales due to covid19 has made everything worse.
It sounds like you're doing everything right and have a willing insurance partner.
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Old 09-15-2020, 11:21 AM   #57
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Good timing on my part. The estimate just came through my email a few minutes ago, to after I updated.

Just shy of $8k total before they took the deductible out. Ouch. Glad we did the smart thing and filed. $500 is much more manageable.
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Old 09-15-2020, 05:14 PM   #58
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It's not the tree removal that's your problem. It's always been difficult to get rvs maintained, but the surge in rv sales due to covid19 has made everything worse.
It sounds like you're doing everything right and have a willing insurance partner.
Truth. The place I bought my RV from had so many sales, the PDI were taking up all the service slots, so they were focusing on sales instead of service. Now they have a backlog of service and it takes weeks to get an appointment just to get it looked at, and who knows how long afterwards to get it repaired.
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