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Totaled while stored

MrsMason2020
Explorer
Explorer

I was storing my travel trailer for a short time to help a friend, out my travel trailer is my home. Why am I travel trailer was stored at a storage facility that ended up being a nightmare due to the fact the tenant next to me who stored his tractor trailer next to me. I have been stored for about 2 months and I went to go start prepping my trailer to move so that way I can move back home I'd no longer needed to stay at the friends to help them out I had noticed that there was some damage to my driver's side as I was backing up to my trailer. Upon inspection I had noticed that I have a huge hole in the front of my trailer and also found a nice size dent with a crack from my rear bumper also up to about halfway up the side of my trailer in the back. Well I did report this to the storage facility out of courtesy for one but for two also asking if there was a way they could get the other driver and contact with me as there is nobody else who could have caused the damage. Well after about 2 days I had gotten nothing back from the storage facility so while at my trailer I had looked up the name of the company on the side of the tractor trailer contacted them made an appointment with the driver and met with him. He adamantly denied the damage to the back of my trailer and also attempted to deny the front damage as well, his statement was I could have maybe caused the damage but I'm only going to pay two or $300 and I told him that would not be sufficient he then said call the police at that point and I said that was fine so I did thankfully I did because the police report ended up saving the situation. However I was contacted by the storage facility and I was given video from them it was very very horrible quality but I was able to clearly see the man back into my trailer. I had reached out and of course filed the insurance claim against his insurance for the damages to the front of my trailer and that began the nightmare of all nightmares when it came to the storage facility company. This man works for a company who uses their facility for multiple tractor trailers storage and so they weren't too thrilled that I had contacted the police and was filing an insurance claim against their other tenant. Mind you in their closet there is a we are not responsible section and so I was not holding them once responsible at all I was holding strictly the person who hate my travel trailer and his insurance company responsible. In the beginning of the insurance said that they weren't sure if they were going to even take liability due to the video being such poor quality but because of the police report and the video evidence that the police department was able to get they have now taken liability. Unfortunately my travel trailer which is my home is now considered a total loss. It has taken a month for his insurance company to decide if they're going to take liability or not which of course they have and during that month's time frame I have been homeless staying with family friends paying to stay there I'm having to purchase fast food more times than I would like to admit to do to the fact of not having anywhere to live because I was informed not to move my travel trailer until they were done with their investigation just in case the appraiser needed to come out. We are now at the stage of making payment towards the damages and my question is legally do I have a right to ask for the emotional stress that I had incurred with the storage facility behind the insurance company's insurance hitting my trailer. They are taking liability and in my opinion the nightmare that I had gone through I've been evicted out of my storage facility place which I didn't mind I was planning on moving actually two days before all of this happened anyway but now I have storage fees that they're trying to charge me I haven't heard a hotel fees and spending money on fast food I've had to get rid of two of my animals because I'm unable to stay with people when I have pets I was harassed I was threatened I was intimidated by the storage facility company management all behind the support of somebody who damaged my travel trailer. I feel that the insurance company not only has a duty to pay back the damages it was done to my travel trailer my home which I'm now losing and I have no idea what I'm going to do with that portion of it but are they is the insurance company legally responsible for my out-of-pocket expenses because according to them there could have been temporary repairs made while we waited for liability to be taken but doesn't that mean that I would have to be the one out of pocket to pay for it which I shouldn't have to be? I know this may have seem a little jumbled I'm sorry I'm got a million things going on through my head since I was just informed that they will be totaling at my trailer and I now need to pack and get ready to move and find a new place to live so I'm sorry for any of this is confusing if you have any questions please feel free to ask I would love to hear some advice on where does the insurance company liability stop when it comes to the emotional distress that I've had to do with behind this situation and as well as covering my expenses out of pocket that I would not have had to incurred if not for the negligence of their insured thank you

3 REPLIES 3

valhalla360
Nomad III
Nomad III

I might have missed it being 1 giant paragraph but why are you dealing directly with the other guy's insurance.  Put it thru your insurance and give them the video and other evidence.  They will hash out who pays what. 

It normal for you to be required to secure the item from further damage or they may deny coverage for later damage. Lots of pictures and videos then secure any holes from the weather.  Also, as soon as the storage place turned, get approval from your insurance to get it out of the storage place. 

Suing for profit is a low odds game and as you were told, the lawyer will likely claim most of it.

At this point it's probably best to put it in the rear view mirror as soon as you can. 

Tammy & Mike
Ford F250 V10
2021 Gray Wolf
Gemini Catamaran 34'
Full Time spliting time between boat and RV

Scottiemom
Nomad
Nomad

You need a good attorney.

Dale Pace
Widow of Terry (Teacher's Pet)

Traveling with Brendon, my Scottish Terrier

2022 Honda Odyssey
2011 Mazda Miata MX-5

2021 Coach House Platinum III 250DT
Fulltimed for 15 years, now living in Florida

http://www.skoolzoutforever.blogspot.com/

That's what I was thinking. I spoke with one who told me hiring an attorney is just a waste on a case like this due to most of the money would go to their fees however she is will to guide me for free throughout this claim. She also said I was on the right track for what I am seeking in damages