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RV Issue - Thinking I May Have to Lawyer Up

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  • Renegade

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    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?).
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    Eastexasrick

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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.
     
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    Eastexasrick

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    I had n
    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.
    I forgot about that the Texas Department of Insurance handles those. They should jump on this one, https://www.tdi.texas.gov/fraud/index.html
     

    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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    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

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    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

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    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.
     

    Ozzman

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    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.
    Agree. Working on that.

    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.

    I did extend the option of paying restocking fees to help them out because it does appear like a "welch" on my end, but it wasn't my choice. Without the storm, all would be good. I felt it fair to extend this gesture, and that idea was quickly shot down. Remember, he originally wanted both service and installation, & parts... I said no to the service (which he eventually agreed to) since nothing was done.

    I called corporate CW, and they confirmed that the majority of the items in question here are "in-stock" items. They should be able to use these items elsewhere on any other Jayco brand RV. The only item that was "special order" was the awning. Even then, it was just the fabric that needed replacement. I am pretty sure they can use the fabric there for someone else, but I digress.

    None of the monies from the insurance company have been spent elsewhere... in fact, all extra insurance monies (including a chunk of my own) went into the down payment towards the new purchase; which I thought was ok.
     
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    candcallen

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    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?
    I thought the parts were in high demand and hard to come by?
     

    Eastexasrick

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    But Texas does have loser pays in a civil lawsuit.
    Yes. It's not a laydown or a statutory mandate just because you lost your case. A Defendant must file a counter for it to be considered. and depending on the court it must be timely filed after discovery, disclosure, production, or extraneous evidence is present that the plaintiffs case lacks sufficient merit to proceed or, even exists. MOST judges take a dim view of a Defendant attempting to recovery from a Plaintiff, in civil court.
    The most recent big stink on this was Plaintiffs filing claims against Insurance carriers in UM/UIM cases. The Corpus Christi Appeals Court let stand a case where the Defendant had to pay the Plaintiff costs without a judgement but on a simple motion. A writ of mandamus in the lower Courts was denied and now it is sitting on the Supreme Court's Docket.

    So loser pay can happen in a Texas civil suit. Filed as a counter suit, a judge allows it to be heard, and a jury finds just cause.
     
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    Shady

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    Also, I am not against you, just trying to help you see all legal angles to protect yourself.


    If I am understanding correctly the check from the ins company was for the totaled RV and not for parts/repair
     

    Shady

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    I still say call your ins agent and let him sort out the mess of CW not paying for the hail damage when the RV was in CW care.


    My brother had a truck in for wire repair and it was damaged in a hail storm the ford dealership payed for the hail damage.
     

    Axxe55

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    If I am understanding correctly the check from the ins company was for the totaled RV and not for parts/repair
    There were two claims for the RV. first one was for parts and repairs, the second was for the RV being damaged to the point of being totalled.

    So possibly two checks were issued, but the second check would probably have negated the first check.
     
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