RV Accident

OK, I am going to suspend this thread until I hear from the OP...Get more information.

JohnnyT Moderator

Popsie wrote:

PackerBacker wrote:
Unlike business interruption insurance, I have never heard of 'lost of use' being an insurable item.

If it were a car, truck or other daily driver vehicle, most insurers will provide vehicle rental coverage but not for an rv; this is as close to a 'lost of use' waiver that I have ever seen.

Don't you think 'loss of use" would be a tort one could file suit for in court against the person who ran into the RV?

Kind of like suing over loss of connubial pleasures :)

Up here in Canada you would likely not be able to sue for something like this, and even if you could, our courts would probably award you something like $12 bucks! :S. :B. :B

... Eric

PackerBacker wrote:
Unlike business interruption insurance, I have never heard of 'lost of use' being an insurable item.

If it were a car, truck or other daily driver vehicle, most insurers will provide vehicle rental coverage but not for an rv; this is as close to a 'lost of use' waiver that I have ever seen.

Don't you think 'loss of use" would be a tort one could file suit for in court against the person who ran into the RV?

Kind of like suing over loss of connubial pleasures :)

Unlike business interruption insurance, I have never heard of 'lost of use' being an insurable item.

If it were a car, truck or other daily driver vehicle, most insurers will provide vehicle rental coverage but not for an rv; this is as close to a 'lost of use' waiver that I have ever seen.

Many people suspend SOME of their coverage when the RV is not being used, to save a few bucks. If that was the case here....Ooops.

mackie0306 wrote:
Dear Readers and Viewers:
(snip, snip) The insurer is denying any and all liabilty for the loss of use.

I agree that the answer depends on the facts, but the first missing fact is whether the insured has "Loss of Use" coverage in the policy. Such coverage is available and it's up to the owner as to whether he buys it or not. If he chose to buy that coverage, then you're into analysis of the policy definition of losses, policy limits, exclusions, etc. If he chose not to buy that coverage, then he's in the same boat as everyone who suffers a loss and wishes he'd bought insurance to cover it. I.e., ask for a federal bailout.

get a lawyer, file for loss, damages, lawyer fees and any thing he can think of. His agent is pushing him in that direction, let them know you can't be shoved any further. I suppose they are saying you r buddy parked it there and he is to fault also since he parked it where it could be hit because of his poor driving. this is bull too, get a good lawyer and not an ambulance chaser type.

I can tell you that if this involved a trucking company's equipment, the usual modus operandi is to sue everybody, the trucking company, the trucking company's insurance company, the driver, the manufacturer of the tractor, the manufacturer of the brakes on the tractor, the manufacturer of the trailer, and the company who shipped the load that the trucking company was hauling. And if it is your car that the trucking company hit, your lawyer will probably attempt to get them to rent you a car until yours is fixed or you have a new one. I can tell you all the above from personal experience with both commercial heavy trucking insurance and with my own auto insurance. So if someone ran off the highway and hit my motorhome sitting beside my home, I would expect a rental motorhome until mine was fixed, just like I would expect a rental car if they hit my car. But the other insurance company will often not pay rental unless your own insurance policy has a rental clause that covers your.

But we are missing lots of details from the OP's translation of what happened.

First , I am not real sure why this thread is in class A. That aside, a whole lot of information is missing;

What was the coverage on the RV at the time of the accident?

Which insurance company is denying coverage? The owner of the RV insurance or the insurance company of the wreckless driver?

What information are you seeking and how do you think it will help with this situation?

JohnnyT Moderator

Contact a lawyer with the intent to sue the car driver for the loss directly. An insurance policy is limited to what is stated in the policy. If the reckless driver has chosen not to have an insurance policy that properly covers for the loss, that is the problem of the reckless driver.

Now having said that, the difficulty will be proving loss. Unless one rents an RV to replace the use of the damaged one, it will be difficult to prove loss. One is pretty much going to have to go out on a limb, and spend the money up front to rent a replacement. Otherwise it will appear to a court that you are just trying to get money for nothing.