To File a Claim or Not?

[Bhrava]

Originally Posted by Ohinaz1970

Got a chuckle out of that. Something square in an RV?

LOL Good point.

[Adrian Gordon]

Originally Posted by dward51

Who owned the tree? Was it on the storage facility lot? If so, the facility owns all the damage as well since it was "their" tree.

Insurance companies are a funny thing. You end up paying a deductible and they low ball you on the repair, then they try to recover full value from the storage facility insurance company. And in the end, your rates go up because you filed a claim. It's almost like a rigged game (actually it is).

Fantastically well researched legal opinion. Very probably wrong, but what the heck, it sounds good. In any case, the OP should turn this over to their insurer and let the insurer pay the claim and sue the facility if they think there is liability there.

[Adrian Gordon]

Originally Posted by U.S.ArmyVeteran

Not an insurance expert. (just a life expert :-)

But, if this was in a storage facility. The facility insurance should cover this. And it does not matter what their small print says in the rental agreement. I would first ask the facility. Then talk to your insurance company about who is liable, they may actually intercede on your behalf. And as last resort ughhh a lawyer.

Good luck!

Please explain why the "small print" in the rental agreement doesn't matter if the OP knowingly signed a waiver of liability.

[MCTroy]

Add checking the air conditioner to your list. Pull that cover and make sure no sticks dropped in there. They could easily stop the fan and cause problems.
And yes file a claim soon. You ate covered should you need the coverage but you could still decide to do the repairs and the claim is dismissed.
As to rates, we filled a our first claim ever on our boat 2 years ago. A $3500 claim and our rate went up $4 @year..
Good luck.

[Underthedog]

I have found that merely calling to ask questions is recorded as an occurrence and can be used against you.

[Adrian Gordon]

Originally Posted by Underthedog

I have found that merely calling to ask questions is recorded as an occurrence and can be used against you.

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.

[Adrian Gordon]

Originally Posted by Underthedog

I have found that merely calling to ask questions is recorded as an occurrence and can be used against you.

Out of curiosity, do you know whether the $4 a year increase was directly related to the claim or was a general rate increase based on other underwriting criteria? Were you singled out (for lack of a better description) or did all of the company's insureds in your area see a small increase?


Thanks.

[elind]

Talk to your insurance agent first before putting a claim in. If you file a claim it could be charged a claim even if nothing is paid out. I had a tire fall of my truck after it was in a body shop and run into a car in a parking lot. The body shop denied fault but fixed the other car no charge, but the insurance company charged me for an incident. Then increased my insurance by $400/yr for 3 yrs. So it would cost me $1700 for a $600 repair.

ps. The body shop was covering his butt from increasing his insurance premuim.

[Ohinaz1970]

My agent for a former insurance carrier (major company) told me to never call the corporate office to ask any type of a question, as that was recorded as a soft inquiry (one notch under a claim), which their algorithm factored into future rates for my policies.

He/She said to always run everything past them first, and they would advise best path forward.

[Brother Les]

Originally Posted by Tomacs1

Get the tree off and if it can be safely towed, pull it to your chosen repair shop. Whomever the adjuster is will want to discuss the possible repairs and if repairable the unit is already there it may expedite repairs.

This is not 'vehicle/camper caused damage..... This is covered under your home owners insurance. You WANT that tree left on the camper and your house adjuster will look at it. Do not 'clean' up the mess until your home owners insurance adjuster gets there to take pictures and look at the damage. If this is your tree and the tree was dead and you knew it... NO Coverage. If the tree was alive and in 'good shape'.... God did this and your home owners insurance should take care of it. Get on the phone right now to your insurance agent.

[Brother Les]

Originally Posted by Ohinaz1970

My agent for a former insurance carrier (major company) told me to never call the corporate office to ask any type of a question, as that was recorded as a soft inquiry (one notch under a claim), which their algorithm factored into future rates for my policies.

He/She said to always run everything past them first, and they would advise best path forward.

This is sort of true. To many 'inquiries' 'looks' like a pattern of a few small 'damages' that are not turned in to the insurance that in the future may turn into one large 'claim' to.... repair several different damaged timelines. You will over time get 'dinged' for doing this pattern of inquiries.



The tree falling on the camper should be covered as it stands. Make the claim.

[TitanMike]

Originally Posted by MCTroy

As to rates, we filled a our first claim ever on our boat 2 years ago. A $3500 claim and our rate went up $4 @year..
Good luck.

FWIW Insurance companies are continuously raising rates. Every year they adjust them to reflect their costs. It's not unheard of for rates to go up in areas that have experienced losses in previous years.

People living in storm prone areas will pay more after a major hurricane or tornado passes through.


If one isn't going to file a claim when they suffer and insured loss, why were they buying insurance all along??????

[Bhrava]

Originally Posted by TitanMike

FWIW Insurance companies are continuously raising rates. Every year they adjust them to reflect their costs. It's not unheard of for rates to go up in areas that have experienced losses in previous years.

People living in storm prone areas will pay more after a major hurricane or tornado passes through.


If one isn't going to file a claim when they suffer and insured loss, why were they buying insurance all along??????

True about the rates. Two years ago, or was it three, a tornado ripped by about a mile and a half from our house. The following year the rates went up $250. My rates have never gone up more or less by a few dollars, never more than 2 digits over 17 years or however long it was before the tornado.

[Larry-NC]

Originally Posted by TitanMike

FWIW Insurance companies are continuously raising rates. Every year they adjust them to reflect their costs. It's not unheard of for rates to go up in areas that have experienced losses in previous years.

Naah. My auto/home carrier sent me a check in June for ~$50 because risk was reduced due to less risk since roads were less crowded due to COVID-19. Then they sent me a check for ~$20 in July. In August they didn't send a check, but their statement included a credit of ~$10 for the same reason.

If your auto insurance company is raising rates during COVID, you've got the wrong company.

[hobienick]

Originally Posted by TitanMike

... If one isn't going to file a claim when they suffer and insured loss, why were they buying insurance all along??????

Because sometimes the damage is not enough to justify using the insurance. Especially if your rates will increase. Insurance is there for catastrophic incidents, not incidents that are very close to your deductible. If you are only going to get $200 from them for a $1200 claim, is it worth it?

[CJGray]

Thanks all, still waiting for word on when it's being removed. They dragged their feet for a week before making calls to tree removal companies.
The estimate from the one place just got approved by the facility's home office yesterday. The tree guy told them he'd come out Sunday, but there's a 50% chance of rain, so...

We're not sure where the property line ends. The tree was outside of the fence line. So yeah, we're going to let the insurance companies duke it out.

Good idea on using the square to check the roof/wall... But I think the junctions are curved. I'll try it. I know the camper got pushed forward 2-3"+, unless the force caused the chucks themselves to move, because they weren't against the tires anymore when we got there. We did get them back underneath.

I'm so over this whole ordeal and it's still in the beginning stages. Lol

[Bhrava]

Covid has a lot to do with the snail processes. Had the same issue with the bank that had the lien on my last trailer. It was paid off July 13th. Just got the paid in full letter yesterday. Was only supposed to take 10 days, took a month. Calling the bank was painful, 45 minutes hold time on average. Gieco, 90 minutes on hold when I called to get the new trailer policy. Normally 5 minutes was the most I ever spent on hold.

[CJGray]

Originally Posted by Bhrava

Covid has a lot to do with the snail processes. Had the same issue with the bank that had the lien on my last trailer. It was paid off July 13th. Just got the paid in full letter yesterday. Was only supposed to take 10 days, took a month. Calling the bank was painful, 45 minutes hold time on average. Gieco, 90 minutes on hold when I called to get the new trailer policy. Normally 5 minutes was the most I ever spent on hold.

This was just them not being on it. The storm was the morning of the 4th (Tuesday) and had cleared out by mid-afternoon. The property manager claims she was helping out at another facility and wasn't allowed to leave as the reason for not getting there until after I called her on evening of the 5th. She didn't go out to our facility (her office) until the 6th (Thursday), and didn't start calling for people to come out and give quotes until the 10th (the following Monday).

It has nothing to do with C-19.

[NXR]

Originally Posted by Adrian Gordon

Please explain why the "small print" in the rental agreement doesn't matter if the OP knowingly signed a waiver of liability.

A person that doesn't know their rights has no rights.

All work and offerings are required to comply with certain standards, regardless of any waivers. For example, you have a home pre-purchase inspection by a company or individual that holds themselves out as a home inspector. But they miss something big, something that other inspectors likely would have caught.

You suffer a loss and ask the inspection company to make you whole. They refuse, citing their disclaimer or waiver that you signed.

A person who doesn't know their rights takes the loss. A person who does know their rights retains an attorney.

The courts have repeatedly held that the waiver will not apply because the work was improperly performed and in a non-workmanlike manner. Not always but certainly most times. The storage facility's insurance carrier probably won't let it get that far.

If the tree is rotted or otherwise presented a hazard and it's the storage facility's tree, they should cover it. Now, if it's a tree outside their property, it will get interesting.

Ray

[Adrian Gordon]

Originally Posted by NXR

A person that doesn't know their rights has no rights.

All work and offerings are required to comply with certain standards, regardless of any waivers. For example, you have a home pre-purchase inspection by a company or individual that holds themselves out as a home inspector. But they miss something big, something that other inspectors likely would have caught.

You suffer a loss and ask the inspection company to make you whole. They refuse, citing their disclaimer or waiver that you signed.

A person who doesn't know their rights takes the loss. A person who does know their rights retains an attorney.

The courts have repeatedly held that the waiver will not apply because the work was improperly performed and in a non-workmanlike manner. Not always but certainly most times. The storage facility's insurance carrier probably won't let it get that far.

If the tree is rotted or otherwise presented a hazard and it's the storage facility's tree, they should cover it. Now, if it's a tree outside their property, it will get interesting.

Ray

How long have you been practicing law and how many waiver of liability cases have you litigated?