We were camping at an RV resort and there was a wind storm. A tree fell on our camper and it was totaled. Days prior to the storm we had seen a tree service vehicle in the campground. And hours before the tree fell we had expressed a concern about the tree in our site and we were given permission to move our truck to a different location. We filed a claim with our insurance company but after all is said and done we ended up paying about $5000 out of our own pocket for expenses (hotel, storage unit, etc). We had thought the campground would have some liability but we've called 4 different lawyers and can't find one who is even willing to do a consultation. Opinions and suggestions please!

If you were given permission to move the truck, why did you not move the camper as well? What went into the storage unit? I would contact the campground directly, explain the situation and ask them how they want to handle it. There is a good chance that they have liability insurance for just such instances. Keep in mind, though, that this may be considered an "act of God" and not covered. It's chump change for most law firms and not worth their effort. There may be some relief through small claims court or something of that nature.

A tree falling in a wind storm is probably not going to be covered by a liability policy unless it could be proven the tree was dead/dying, split, cracked, or otherwise known by the owner to be ready to fall. As mentioned, an "act of God".Had there been injuries and potential large injury claims a lawyer might have been willing to take it. But $5K would not get much interest.

Was the tree dead or living? If dead the campground may be liable. If living not so much.

Was the tree simply uprooted or did it break off because it was dead or diseased?For the former (uprooted) they would not be liable but for the latter it's a "maybe".

DevonMom wrote:We were camping at an RV resort and there was a wind storm. A tree fell on our camper and it was totaled. Days prior to the storm we had seen a tree service vehicle in the campground. And hours before the tree fell we had expressed a concern about the tree in our site and we were given permission to move our truck to a different location. We filed a claim with our insurance company but after all is said and done we ended up paying about $5000 out of our own pocket for expenses (hotel, storage unit, etc). We had thought the campground would have some liability but we've called 4 different lawyers and can't find one who is even willing to do a consultation. Opinions and suggestions please!Since there was no bodily injury or any justification for a large $ settlement a lawyer is probably not going to be interested in your case. In other words, everything lost has a certain unarguable dollar value and any settlement will be cut and dried as to the amount of money.Therefore get all your actual receipts together and be your own lawyer and file your case in small claims court.

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15 Replies

msredneck84
Explorer
Jan 15, 2014
DevonMom wrote:
We were camping at an RV resort and there was a wind storm. A tree fell on our camper and it was totaled. Days prior to the storm we had seen a tree service vehicle in the campground. And hours before the tree fell we had expressed a concern about the tree in our site and we were given permission to move our truck to a different location. We filed a claim with our insurance company but after all is said and done we ended up paying about $5000 out of our own pocket for expenses (hotel, storage unit, etc). We had thought the campground would have some liability but we've called 4 different lawyers and can't find one who is even willing to do a consultation. Opinions and suggestions please!

Since there was no bodily injury or any justification for a large $ settlement a lawyer is probably not going to be interested in your case. In other words, everything lost has a certain unarguable dollar value and any settlement will be cut and dried as to the amount of money.
Therefore get all your actual receipts together and be your own lawyer and file your case in small claims court.
ScottG
Nomad
Jan 15, 2014
Was the tree simply uprooted or did it break off because it was dead or diseased?
For the former (uprooted) they would not be liable but for the latter it's a "maybe".
wildtoad
Explorer II
Jan 15, 2014
Was the tree dead or living? If dead the campground may be liable. If living not so much.
BB_TX
Nomad
Jan 15, 2014
A tree falling in a wind storm is probably not going to be covered by a liability policy unless it could be proven the tree was dead/dying, split, cracked, or otherwise known by the owner to be ready to fall. As mentioned, an "act of God".
Had there been injuries and potential large injury claims a lawyer might have been willing to take it. But $5K would not get much interest.
Crowe
Explorer
Jan 15, 2014
If you were given permission to move the truck, why did you not move the camper as well? What went into the storage unit? I would contact the campground directly, explain the situation and ask them how they want to handle it. There is a good chance that they have liability insurance for just such instances. Keep in mind, though, that this may be considered an "act of God" and not covered. It's chump change for most law firms and not worth their effort. There may be some relief through small claims court or something of that nature.

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