Question

[DevonMom]

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!

[spud1957]

Crowe wrote:
I challenge anyone to look at their policy and find the term "act of God".

Standard terminology in many US insurance policies.

All in fun....I again still challenge anyone to see if the term "act of God" is stated in their policy.

[Crowe]

I challenge anyone to look at their policy and find the term "act of God".

Standard terminology in many US insurance policies.

[Oaklevel]

As already stated but

Also you would probably only get a "reasonable" settlement of not much more than your deductible. Not what you spent. Just because you spent the money does not mean you are entitled to get it all back.

[obgraham]

The only reason they were shot down by 4 lawyers is that the cash amount wasn't worth their while.

[spud1957]

Crowe wrote:
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.

I challenge anyone to look at their policy and find the term "act of God". There are certain weather related events that are not covered but they are spelled out in your policy.

The OP's damage to his RV was covered by his policy but his out of pocket costs for alternate living expenses were not. Guess RV policies aren't the same as house policies.

[trnfla]

I had a tree branch fall on my expedition and basically totalled it and did not even think about suing the park since it was an act of God just glad it didn't hurt anyone.

[Bob___Ann]

If the tree way alive then there is no claim. If it was dead you could have a case but your insurance company will know as well as handle. Just be thankful that you were not hurt.

[campigloo]

Francesca Knowles wrote:
You've been shot down by four lawyers, so now you're turning to US for legal advice?

Good Point.

[beemerphile1]

In order to collect damages you would have to prove negligence. The fact that a tree service maintains the trees would rule out negligence on the part of the property owner.

You knew it was a concern, the property owner recognized your concern, you failed to move. It's on you.

[Francesca_Knowl]

You've been shot down by four lawyers, so now you're turning to US for legal advice?

[msredneck84]

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]

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]

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

[BB_TX]

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.