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> "some Feedback Requested", "Damage to Motorhome While in Park"
BankShot
post Jul 11 2014, 02:06 PM
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Hi Everyone -

New to the forum but not new to the reviews part. Just a quick question. We recently stayed at very nice park only to have our coach scratched and scraped by tree branches that had not been trimmed at the site we were assigned. The owner has not contacted us to even discuss this and I am aware that by signing in we also signed a damage waiver which is common in most all parks. However my feelings on this are that if I back up into a rock or something else because I wasn't paying attention or didn't get out to check before backing up, etc. then that is on me. However when one is attempting to back into a narrow space lined with large boulders on each side and paying close attention to them, and a large Pine tree has low hanging branches that I didn't see and that had not been trimmed in a long time scratches the top side of the d, then I would think the park's insurance should cover this? We had to have the attendants come over and trim several branches so we could get out without incurring further damages. I would think at the very least the owner/s should call and discuss this with us. But they haven't and when I call the staff keeps giving me excuses about the owner's being gone or too busy, etc. This to me is BS and I feel it is wrong. Any input from you folks as to how you feel about something like this happening would be appreciated. And yes, I do know how to back up a Class A motorhome and have never had a problem like this in any other park. Thanks for reading this. I am posting a review of this park and it won't be very good..............

BankShot
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Denali
post Jul 11 2014, 07:32 PM
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You question is a legal one, and I am certainly not qualified to answer it. The law is never as simple as we laymen think it is.


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kcmoedoe
post Jul 11 2014, 08:04 PM
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You drove into the tree, it didn't run into you. I seriously doubt the campground has any liability, and it is surely in their best interests to NOT engage in any conversation regarding potential liability. They could make an innocent statement, that down the line could hurt them, so if they are savvy, they will keep their mouths shut. As a matter of fact, I bet if you have a quick reference guide from your insurance company that tells you what to do in case of an accident and one of the bullet points is to not discuss the accident with anyone but law enforcement or your insurance company.
This is really a matter for your insurance company if the damages are substantial. The way insurance works is you file a claim with your insurance company, and if they feel there is liability from the other party, they file against them making both you and them whole. I suppose you could sue the park in small claims court for the damages, but I would bet a pretty large sum that you would be shot down pretty quickly. Also, bear in mind that to sue in Small Claims court you would need to appear in the court where the incident occured, so if you lived several states away, you would need to make a trip back to that area for every court appearance.
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Tiffinman
post Jul 11 2014, 08:06 PM
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I was in a park a few months back...when a tree limb fell on my camp neighbors 5th wheel.... and ripped the awning off and put a hole through his roof. The c/g owner showed up and told the 5th wheel owner that the park was NOT responsible for ANY damages . He said its on the receipt you signed when you checked in.... .....

I would check your registration paper work and see if it mentions any disclaimer.... and I would also check with YOUR insurance company and see if its covered under your liability.

Good luck

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docj
post Jul 12 2014, 06:11 AM
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I was taught that scratches on the coach are "Texas pinstriping" and they are a working hazard of having an RV. Most of them buff off anyway.


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BankShot
post Jul 12 2014, 03:41 PM
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Thanks guys, I figured I was SOL on this but thought I'd ask anyway. I had checked out the site pretty good prior to backing in but didn't realize that the limbs off a the large Pine tree were sticking out so far and were low enough to touch the coach as I backed in. I feel the park should have a better tree trimming schedule and that sites such as this one should have been checked by maintenance personnel prior to assigning larger RVs into it. Shame on me for expecting the park's insurance to cover it I guess. I have send an estimate to the park as per the request of a manager after several phone calls. Who knows what they will do but I can hope......???

Once again, thanks for the input from all that responded................BankShot
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Camping Mer
post Jul 12 2014, 09:27 PM
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Hi there BankShot,
I am with you on this! If an RV park states they have a 'spot' for you after asking 'necessary' questions about the length, number of slides, etc. the spot you were given should have ample room for your RV to fit. Legally they are probably not responsible, but the owner should have contacted you and apologized if nothing more! If your insurance does not cover it you may consider small claims court if the damage was withing the limits of small claims court (and you live or can visit the area for a court date). Please let us know the name and location of the part so we can avoid it and not contribute to financing poorly run RV parks with inconsiderate owners.
mad.gif

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RLM
post Jul 13 2014, 08:39 AM
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A successful suit in common law requires that the owner of a property be negligent in the damage of other people's property. If you drive into a tree, or a branch, that's your problem. If a tree limb falls on your rig, a winning a suit would depend on whether or not the owner should have known that the limb presented a hazard. As in a dead tree, an obviously over weighted limb, or some other obvious reason that the limb would fall. Negligence applies to situations where one is invited onto another property; public or private.
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Tallboy
post Jul 13 2014, 08:48 AM
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Keep us posted on what you do. Would be nice to know. There are lots of campgrounds out there that have low branches. I have cut many of branches to low for our trailer. I do call the office first and ask if they want to send out someone to do it or I can do it.
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BankShot
post Jul 13 2014, 10:00 AM
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Once again, thanks everyone for your input on this. I have done some minor damage to our coach over time that was strictly my own fault due from either not looking where I was going or not bothering to make sure I wasn't going to back into something, etc. And I take full responsibility for these instances. However, in this particular instance, when I moved over to clear some boulders on one side I got too close to those limbs on the other before I had a chance to even notice them We told the office how long and tall our coach was and they assigned us this space. The one thing that bugs me is that the owners refuse to contact us to even discuss what happened. Two staff members including a manager, have both apologized for what happened and told me that this is common practice for the owners not to contact folks that have experienced problems in their park. One gal even went so far as to tell me that she was fed up with how the owners handled things like this and seem to just expect the situation will simply go away, etc. Like I mentioned prior we have submitted an estimate for the repairs as one manager finally requested by email. Where it goes from here is anyone's guess but I'm guessing nothing more will be done so we'll just have it taken care of ourselves and move on. For what it's worth, the name of this park is Boulder Creek RV Resort and it is a really nice park situated on Hwy 395 just south of Lone Pine, CA. We would go back again but for how this has been handled. In reading past reviews they are all mostly 8's thru 10's which is why we chose it as our stopover for the night. And they have one of the longest lists of reviews I've seen on just about any park. We are not going to bother with small claims court as the damages are not that costly and certainly not worth several trips back to the area to go thru it all. We are just chalking it off to a bad experience and taking care of it ourselves. Next trip, Gold Beach, Oregon and some time by the ocean whilst sipping some wine and listening to the surf crash a few feet from where we have tossed out the old anchor.............. smile.gif
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Denali
post Jul 13 2014, 11:54 AM
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QUOTE(BankShot @ Jul 13 2014, 09:00 AM) *
...We are just chalking it off to a bad experience and taking care of it ourselves. Next trip, Gold Beach, Oregon and some time by the ocean whilst sipping some wine and listening to the surf crash a few feet from where we have tossed out the old anchor.............. smile.gif
Good attitude!


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jimnina
post Jul 15 2014, 05:11 PM
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I wanted to chime in on this since I have had a somewhat similar experience at our home. While on vacation a few years ago a neighbors tree limb broke off and ripped our electric meter of the house and luckily missed the Harley by about 3 inches. What I found out probably fits this post and that is unless the home owner has been notified by registered mail that the tree is in bad shape, needs trimmed or cut down, that you have no recourse with the property owner. I was told my home owners would have to cover the damage. Unfortunately sad.gif , it was hurricane season and my deductible was higher than the damage. I would think that the park management/owner would at least acknowledge your complaint and let you know that they would trim the branches, or something.
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dbnck
post Jul 15 2014, 07:26 PM
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QUOTE(jimnina @ Jul 15 2014, 05:11 PM) *

I would think that the park management/owner would at least acknowledge your complaint and let you know that they would trim the branches, or something.

But if they said they would trim the branches, the reaction would probably be, "Aha! They ARE too low--you just admitted it!" Generally, subsequent remedial measures aren't admissible in evidence to prove culpability, but that has nothing to do with people's impressions, and businesses live or die on people's impressions.

As kcmoedoe points out above, keeping their mouth shut is the safest route for the campground owners. Unfortunately for them, that translates as poor customer service.

I think it would be tricky for them to engage in any conversation about the incident without getting drawn into something that might ultimately turn against them, and if the answer is still "no," the only thing they could possibly gain would be having the OP not be quite so mad at them, but even that's not a given since the answer is still not what s/he wants.
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John S.
post Jul 16 2014, 07:37 AM
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I do not think you will get any satisfaction. I can usually tell if the trees are too low if I arrive in the daylight. That is why almost all my overnights are not in a campground. It is easier and simpler to pull into the welcome center for the night or a large rest area.


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Tiffinman
post Jul 16 2014, 08:10 AM
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Unfortunately this is on most receipts .....

I agree that management assumes no responsibility for accidents , injuries , or loss from any cause
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