noontide Report post Posted October 12, 2018 Hi everyone, This is my first post to the forum and I'm hoping you all can give me some advice! I have a 2004 National Dolphin Class A motorhome. I took my RV into a mechanic to have the generator worked on because it was shutting off intermittently while the RV was moving. The mechanic took my RV out for a test drive and got into an accident. The entire passenger side of the coach is damaged. The shop claims they will pay to have it fixed but it's been over 3 weeks and I have gotten no information from them or a time frame as to how long it will take to fix my RV. I have had to cancel plans because I can not use my RV. Plus this RV has never been in an accident so I'm worried this will drop the sale or trade-in value of the RV. I'm just looking for some advice as to what my rights are and what obligations the mechanic shop has in regards to the accident in my RV? Should I call my own insurance company to let them know what happened even though the claim will be made through the mechanic's insurance policy? I've called a couple of lawyers but they all want a retainer up-front and I don't know if or what they would be able to do to help. I live in Florida and the RV is at a mechanic shop in Daytona Beach. Thank you! --Cheryl Share this post Link to post Share on other sites
manholt Report post Posted October 12, 2018 Cheryl. Welcome to the Forum! You should have called your insurance, the day it happened. Do you have pictures, any thing in writing from owner of shop or shops insurance company...do you have the name of shop insurance? If not, it's your word against theirs! Have you checked to see if there is a police report? If there is, get a copy and give it to your insurance! As for value of your coach? It's not in NADA anymore, so it's whatever you can get a buyer to pay for it. Good Luck Share this post Link to post Share on other sites
richard5933 Report post Posted October 12, 2018 I can't speak for the laws in Florida, but here's how I would handle it: First thing would be to request a copy of the police report, assuming that the shop reported the accident. Then I'd get copies of the shop's insurance documents. If I could get the name/number of the shop's insurance agent, I'd give them a call and see if you can light a fire under them. Call your insurance company. If you have comprehensive and collision coverage, they should be able to authorize the repairs up to the limits of your policy. This will be the quickest way to get the repairs moving. It will then be up to them to go after the shop and the shop's insurance company through a process called subrogation. You may or may not have to pay your deductible until your company is able to collect from the other party. If they are successful, then you'll get your deductible back. Also, if they are successful in collecting the claim should not count against you. If they don't collect, it will be up to the terms of your policy and state law if this counts against you. Be aware through this process though, you are talking about a 14-15 year old coach. No matter how good the condition and how well it's been maintained, the total cost of the repairs might cross a threshold and cause the vehicle to be declared totaled. The insurance companies place far less value on vehicles of this age than owners typically do, and you might have a fight on your hands to convince them to repair it if that's what you want. Or, they might offer you a buy-out that satisfies you. About the reduced value... In Wisconsin there is case law about this. It's called 'diminished value' and the party at fault can be required to reimburse the injured party for the loss in resale value. It's part of the process of making the injured party 'whole' after the loss event. When my car was rear ended a couple of years ago I was able to collect about $1500 for diminished value. It was, however, quite a challenge since the insurance company wanted proof of the loss of value. I was lucky enough to be able to get a used car sales manager of the dealership to quote a value based on the post-collision value, which I compared against the guaranteed buyback program value. In the case of your coach this may be more difficult. Whatever you can collect for diminished value will also be subject to Florida statutes and case law, as well as the limits of the policy which is paying the claim. Hope this is helpful. Feel free to send a PM if you have specific questions. Welcome to the forum - hopefully you'll have many more joyful things to post about in the future. Share this post Link to post Share on other sites
rsbilledwards Report post Posted October 13, 2018 Good job explaining that Richard, Best way to protect yourself in terms of the perceived value of the coach, is too have it appraised and then have a policy that is a "Stated value" policy otherwise the assigned value is Market value...big difference Share this post Link to post Share on other sites
thestoloffs Report post Posted October 13, 2018 One minor correction to Richard's otherwise thorough explanation: The term is "subrogation", not "subjugation". Share this post Link to post Share on other sites
richard5933 Report post Posted October 13, 2018 1 hour ago, thestoloffs said: One minor correction to Richard's otherwise thorough explanation: The term is "subrogation", not "subjugation". I'm going to blame autocorrect. That's my story and I'm sticking with it. 😉 (But thanks - I've corrected my original post and added the word to the autocorrect dictionary.) Share this post Link to post Share on other sites
noontide Report post Posted December 6, 2018 Thank you all for your responses. You provided some great info! I've contacted my insurance company - I have God Sam (National General) insurance. The agent told me that my policy does not cover the coach when it's in the care of a repair shop and I can not make a claim on my insurance. He told me I need to work with the shop owner and the shop's insurance company. However, it's been over 2 months now since the accident and I am not able to get information about the status from the shop owner or his insurance company regarding the claim made by the shop. My coach has been moved from the shop's facility to a collision center down the road - they are the ones who will do the body work. But no work has been done yet and they aren't going to start any work until they know they will get paid. Based on the adjuster's worksheet the damage is around $11,000. Does the shop's insurance company have an obligation to talk to me about the claim since it is my vehicle? They will not give me any information since I'm not the policy holder. I'm getting a little worried since it's been so long and I still don't know the status of the claim or when (if) my coach will be repaired. The shop owner has not provided me any information and seems annoyed when I call him to ask about the status. He wants me to pay him for the work his shop did on the generator but I told him I am not paying him until I get my coach back in the same condition I left it with him. I'm not sure how to proceed. Any ideas or thoughts? Thanks! Share this post Link to post Share on other sites
richard5933 Report post Posted December 6, 2018 Contact the state insurance commission and see what rights you have. They vary from state to state. As the injured party I would think that they have to talk to you. I'd also contact an attorney. One well written letter to both the shop and the insurance company might get things moving. Share this post Link to post Share on other sites
kaypsmith Report post Posted December 6, 2018 I lived in Florida for 12 years too long, and was licensed to sell, and sold insurance in Florida. A call to the insurance commissioner with detailed info on how they are handling the claim will get the fastest results for you, and their insurance company responding to you. Share this post Link to post Share on other sites
manholt Report post Posted December 6, 2018 Go with Kay & don't procrastinate any more ! Share this post Link to post Share on other sites
