RV Issue - Thinking I May Have to Lawyer Up

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  • Renegade

    SuperOwner
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    Mar 5, 2008
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    Texas
    Early March 2022
    I received a check from the insurance company for the cost of the repairs that were going to take place.

    If that check does not go to the parts/repairs, it is insurance fraud.

    So yeah, you owe him the money for the parts. And you need to return the money to the InsCo for the labor not performed.

    Would seem it better they had canceled/returned the parts.

    I would ask InsCo how to proceed (do they want money back, or is it settled as is with them?).
     

    Eastexasrick

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    Jul 2, 2022
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    Naples TX.
    Texas does not have a looser pay, per se, in a DTPA Claim, as this is. On a DTPA suit, the Defendant, that is the dealership can be made to pay all costs, if the cause is perfected. That is in the rules of the Statute, looser pay is not. There is no provision for Plaintiff, that's our guy, to pay any costs. That is not to say it cannot happen. If a Defendant files a rule 13 and the judge agrees the Plaintiff has breached any of the following, frivolous, wholly without merit, vexatious, the Judge can, if you really pissed him off, make the party pay all costs and dismiss the case. But that will never happen in a DTPA. Why, because it is grounds for an appeal, and it give the judge a black eye if the Appellate Court hears it, I cannot remember it is demonstrative error, or which, but it's a black eye all the same.
     
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    oldag

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    Texas does not have a looser pay, per se, in a DTPA Claim, as this is. On a DTPA suit, the Defendant, that is the dealership can be made to pay all costs, if the cause is perfected. That is in the rules of the Statute, looser pay is not. There is no provision for Plaintiff, that's our guy, to pay any costs. That is not to say it cannot happen. If a Defendant files a rule 13 and the judge agrees the Plaintiff has breached any of the following, frivolous, wholly without merit, vexatious, the Judge can, if you really pissed him off, make the party pay all costs and dismiss the case. But that will never happen in a DTPA. Why, because it is grounds for an appeal, and it give the judge a black eye if the Appellate Court hears it, I cannot remember it is demonstrative error, or which, but it's a black eye all the same.
    But Texas does have loser pays in a civil lawsuit.
     

    Ozzman

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    Aug 17, 2015
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    El Paso, Texas
    If that check does not go to the parts/repairs, it is insurance fraud.
    It's not able to go to that anymore.
    The RV was totaled before the parts came in.

    No issue with sending the funds back to the insurance company, but why? They haven't reached out to me to do so, and I have nothing in writing stating that I need to return any additional monies to them. The insurance company knows the RV was totaled and there was two separate claims.

    I would ask InsCo how to proceed (do they want money back, or is it settled as is with them?).
    Been trying to do that since Saturday.
    The silly thing is the adjuster in charge is out of the office, and since it is an RV they have a special department that currently cannot answer my questions since the two claims have been closed. I explained the story to them, and they agree that an investigation may need to be launched to determine what happened.

    So yeah, you owe him the money for the parts. And you need to return the money to the InsCo for the labor not performed.
    Would seem it better they had canceled/returned the parts.
    So, what you also saying here is I need to pay for parts that I no longer need... right?
    If I pay the man I get stuck with an awning and misc. parts for an RV I no longer have.

    Until I receive proper direction from the insurance company, I am going to pull back the down payment for the new RV; and IF the insurance company says I have to pay them for the parts I will do so without hesitation and prep a 25-foot long trailer for a new awning to take home.

    In the event this happens, that pretty much puts me completely upside down and I take a huge loss with this incident.
    It doesn't sound right, but Renegade that might be a road the insurance company takes.
     
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    Renegade

    SuperOwner
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    Mar 5, 2008
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    Texas
    So, what you also saying here is I need to pay for parts that I no longer need... right?
    .

    There are two issues.

    First is InsCo gave you money for something you did not spend it on. They might want it back. So you need to get square with them on how to proceed.

    Second is, you ordered parts, they came in and now you do not want to pay for them. This sucks about Special Order, No refunds. It sucks there is no obvious out in a situation like this, and CW is a total dick to not work with you but who knows maybe they cannot return them either.

    I have walked in these shoes (car was destroyed before no refund parts came in), and I wound up buying the parts, but they were easy to resell.
     

    Ozzman

    Well-Known
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    1   0   0
    Aug 17, 2015
    1,092
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    El Paso, Texas
    For sure, you need them in your corner, and you don't want them thinking you are up to something.
    I just want everything back to normal.
    I don't want to owe anyone anything, but it has to be fair.

    I figure that if I am held by the "act of God/unforeseen issue", then so should Camping World.
    It happened on their lot, and they didn't keep my RV covered like I usually do at home.
     
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