RV Issue - Thinking I May Have to Lawyer Up

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  • Ozzman

    Well-Known
    Rating - 100%
    1   0   0
    Aug 17, 2015
    1,103
    96
    El Paso, Texas
    Gents,

    I ran into a predicament earlier this year regarding my RV. Let me know what you think.
    Here is the timeline of the events:

    Early March 2022
    - I took the family on an Arizona RV road trip for spring break. On our way home, while parking the RV under our covered patio we managed to sideswipe our palm tree which caused damage to the RV steps and a large tear in the awning. I made arrangements with the insurance company to get the process started on getting repairs done. I took the RV to Campingworld the next day and gave them the insurance information and agreement to make the necessary repairs.
    - They let me know that a new awning will take approximately 4 months to arrive since they didn't have any in inventory at the time and shipping for such parts was in high demand but very slow. Thus, I left my RV there with them to make the necessary repairs. I received a check from the insurance company for the cost of the repairs that were going to take place.

    Followed up a few weeks later (April 4th or 5th), but still no action on the RV

    Followed up on May 24th, 2022
    - while checking on the status of the RV, they let me know that my RV sustained CONSIDERABLE damage on 04/26/2022
    - I was unaware of this, and a little upset that I was just being informed; but apparently they had a major hailstorm on 04/26, and skylights were busted in, AC housing was completely destroyed, aluminum siding was severely dimpled, and some glass was cracked.
    - Camping world explained that I would need to issue a NEW claim on my insurance; since they are not responsible for damages while on their lot.
    - I made a second claim, and by early June 2022, I received a call from my insurance that the adjuster deemed the RV as a total loss since there was now considerable water damage inside the cabin, and the cost of repairs was almost 90% of the overall value of the RV itself.

    June 27, 2022
    - I received a letter and a check from my insurance company and the lender that the RV was completely paid off, and the remaining balance was provided to me as well.
    - There were some dollars left that could be used as a down payment toward a replacement RV.

    August 6, 2022

    - My wife and I went to Campingworld again to purchase another RV.
    - We found the one we wanted and started the process of securing the purchase
    - I put the money down (from the insurance company) to get the rate locked in and started contacting my insurance again to get this new RV.

    While waiting, the manager of the store comes to meet us in the back stating, "sir, we have a problem", and "I don't think we can sell you this RV today."
    The manager says that he recognized my name and said that I owed him over $9,500 still for services and parts ordered for my previous RV. Apparently, the parts from the previous RV came on July 28th.

    I was completely confused and stated that the work never took place on my previous RV since it was totaled in May of this year.
    After a few minutes of discussing, he agreed that no work took place, but we were still responsible for the parts that came in (approximately $5500)...

    I said, "NO, the RV was totaled two months ago, and I no longer have any need for parts for an RV no longer in my possession."

    I would be willing for restocking fees (that is fair), but it appears that the manager is hard-pressed to get 100% of the part fees.
    I don't need these parts any longer nor do I believe I need to pay for something I don't want anymore.

    Let me know your opinions folks.
    Am I wrong to not pay (obligated) for parts for an RV that no longer exists?
     

    toddnjoyce

    TGT Addict
    Rating - 100%
    4   0   0
    Sep 27, 2017
    16,579
    96
    Boerne
    A couple of problems here, actually. Your insurer needs to be made aware of the dealers outstanding claim.

    Second, your insurer should be made aware that the total loss claim occurred while your RV was in the care of the dealer. Your insurer may want to (or maybe already has) subrogate the claim.

    Third, fool me once, fool me twice. Be done with Camping World.
     

    Eastexasrick

    Active Member
    Rating - 0%
    0   0   0
    Jul 2, 2022
    817
    76
    Naples TX.

    If the camping world is in Texas you have a great claim you can perfect under the Texas Deceptive Trade Practices Act. You can do it yourself, but it requires a lot if reading as the process is exacting, time sensitive, and you must invoke the Act, Chapter 17, Section 17.45.
    If your shop is not in Texas I don't have a clue. I went through it, with an attorney, If you get it done right you get several things. First treble damages. Second your attorney gets his fees paid, by the shop, which gives them the incentive to overbill the dickins out of the file. Lastly you get punitive damages just to add insult to injury. Big national chains are the favorite targets, because they are rife with stupidity, and have huge Garage Keepers Liability policies, they get stuck for the whole tab.
     
    Last edited:

    Ozzman

    Well-Known
    Rating - 100%
    1   0   0
    Aug 17, 2015
    1,103
    96
    El Paso, Texas
    Walk away.
    Don't buy from camping world.
    Unfortunately, I still need to go back there...

    I left $12k down for the next RV, which I need to get back if I cancel.
    That tard manager is waiting for me to step foot there again to continue the discussion.

    I don't want to pay him for the parts, but as I said, I would be willing to help them with the restocking fee which is apparently unreasonable.
     

    Ozzman

    Well-Known
    Rating - 100%
    1   0   0
    Aug 17, 2015
    1,103
    96
    El Paso, Texas

    If the camping world is in Texas you have a great claim you can perfect under the Texas Deceptive Trade Practices Act. You can do it yourself, but it requires a lot if reading as the process is exacting, time sensitive, and you must invoke the Act, Chapter 17, Section 17.45.
    If your shop is not in Texas I don't have a clue. I went through it, with an attorney, If you get it done right you get several things. First treble damages. Second your attorney gets his fees paid, by the shop, which gives them the incentive to overbill the dickins out of the file. Lastly you get punitive damages just to add insult to injury. Big national chains are the favorite targets, because they are rife with stupidity, and have huge Garage Keepers Liability policies, that get stuck for the whole tab.
    Yes, the shop is in Texas.

    Thanks for the info.
     

    Eastexasrick

    Active Member
    Rating - 0%
    0   0   0
    Jul 2, 2022
    817
    76
    Naples TX.
    If you are thinking the DTPA does not apply to your matter. It has been promulgated by our Supreme Court, and they codified it to include the following statement

    LIBERAL CONSTRUCTION: Section 17.44(a) provides that the DTPA shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection.
     

    Wudidiz

    TGT Addict
    TGT Supporter
    Rating - 0%
    0   0   0
    Jul 8, 2022
    3,235
    96
    Tomball
    I would go do another inspection of the the RV, then advise them that I decided that I wasn’t satisfied with the initial valuation. I would offer them the initially agreed upon price minus the cost of the said parts. If they don’t like that, I’d tell them I just want my $12k back as it’s intended purpose as a down payment has been established and documented.
     
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