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Old 08-07-2009, 07:08 AM   #15
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In the final letter I set a deadline for contacting me and let them know that my next action would be to seek legal representation. When they didn't reply I proceeded as written.
A) In my responce to their letter I plan on putting the same thing in it about a final date, Atty said it would be good to say that I would like to try and settle this without and to avoid costly atty & court fees that they could be responsible for.

The ace in the hole for me was that I video taped the service guy's post disaster visit. In the video recording he acknowleded that it was a manufacturing defect. When my attorney finally showed them the video they quitely settled the claim.
A) I have pictures that AS took taken by them when they discovered the damage and it shows the latch unlocked.

Finding a local attorney may be a bit of a challenge, but I don't see any reason why it could not be done. My experience is that attorneys come in all types. I wanted someone with a bit of tenacity, who wasn't abrasive as heck, but did not mind making the nescessary waves to get things moving.
A) yes that is the kind I will have to look for, it will be hard because many of them are going to have ties to AS/Thor/Union.

I don't envy you and the path you may have to take. Hopefully things can be worked out without going through all the extra expense and effort. But then again I believe many companies stall in the hopes that some of the potential claimants will go away quitely.
Regards, Kevin[/quote]

Thanks Kevin
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Old 08-07-2009, 07:18 AM   #16
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Originally Posted by ts8501 View Post
Sorry if I am missing the obvious, but why is your insurance company not taking care of this? If they feel they can reclaim from AS, they would do the work, not you.
My insurance is partially involved because they paid for the awning & TV antenna to be replaced. Then I went to pick it up after the repairs was done that the trailer was there for and this is when I discovered the additional damage that I was not told of, I paid and picked up the trailer and got it back home then my insurance came and looked at it, they said with the amount of damage and the cost of repair is twice that of the value of the trailer and therefore they would total it. Problem is the amount they would pay for the trailer I would loose all the money I just paid for the repairs that is above what I owe. See this trailer was in such good condition I had planed on restoration of it which is the reason for the cost of the repairs that I had done.

Sarge
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Old 08-07-2009, 07:28 AM   #17
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Originally Posted by CrawfordGene View Post
Sarge,

Your local attorney should be able to find an Ohio attorney. The closest big cities are Dayton and Toledo and each should have a large selection of lawyers. Lawyers in the counties around JC may have ties to Airstream, so I would avoid them. Martindale Hubbell is the book most check to find an attorney. If your lawyer can't do it, go to the library and many have the M-H books or check online where some of the information is available. Check: Lawyers Find A Lawyer, Law Firm, Attorney & Legal Services: martindale

Your insurance company may or may not cover wind damage depending on the policy. It sounds like you got nowhere with them, but maybe they are wrong depending on what the policy says and how Ohio interprets it. Besides trailer insurance, Homeowners used to cover a lot of things, but not so much anymore. There are also Umbrella policies. Airstream surely has a great deal of insurance, but they will tell you they are not responsible for anything left on their property and the wind damage was an act of God. If there's no insurance coverage, the law of bailments comes into play and doesn't help you much when you have free parking.
So, I would have an Ohio lawyer handle it and that person can tell you your options according to Ohio law.
Gene
Thanks that gives me an area for which to look for an atty which is my biggest fear because of the ties to AS/Thor/Union that I may not be able to find one that will properly represent me or force me to represent myself.
My insurance does cover for all damage to the trailer no matter the cause because of the type of insurance that I took out, problem is that AS did not tell me about the additional damage and I had work done which included a new fridge, water heater, toilet, frame repair, plus the awning and TV antenna which is money that would be lost above what the insurance company will pay if they total it and they did say it is considered total because the cost of repairs is twice the value of the trailer. Which leads to the other problem is that when someone has their trailer updated there is no data base to go by to show what the value of trailer would be after all the work is done.

Sarge
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Old 09-04-2009, 07:39 PM   #18
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Ok here we go, gave the dead line for a response and got none.
Have done a research of attorneys in the state of Ohio, there are only 7980 to choose from, so here is my question
Can anyone who lives near Jackson Center and has an attorney they use that they know and trust, especially if that attorney has taken on AS before and ask that attorney if he would take on a Damage case against Airstream/Thor and let me know???

Sarge
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Old 09-04-2009, 07:55 PM   #19
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Insurance Company

Quote:
Originally Posted by ts8501 View Post
Sorry if I am missing the obvious, but why is your insurance company not taking care of this? If they feel they can reclaim from AS, they would do the work, not you.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XX
In one response I gave I said that my insurance company was already partially involved to the point where they paid for the awning & TV. After my response to you my insurance company was contacted about the rest of the issues, upon evaluation the insurance said that with the amount of damage and the cost of repair compaired to value of trailer of 7500.00 they would total the trailer and pay me $7500.00, I have 7500.00 in appliances and updates in the trailer. So I loose 7500.00 dollars or I have the money for the repairs and nothing for the trailer.
So this means that either AS is going to have to come to a resolution with me or we go to court.

Sarge
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Old 09-08-2009, 12:21 AM   #20
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This is really unfortunate. Airstream’s employees should have known that going forward with the repairs would put everyone in a bad situation.

I once needed to find an attorney for a relative to proceed against a publicly funded clinic. I checked the court records for prior suits against them, and reviewed the cases until I found an obvious winner. Most had been settled before much was filed but a few proceeded through discovery so I was able to gage the skill and tenacity of the attorney. This is also a pretty accurate way to make sure the attorney has no conflict too.

If the county court system has their records online you may be able to do some research from home. I did my initial search to create a list of cases before going down to the courthouse and pulling the files.

Carol
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Old 09-19-2009, 08:30 AM   #21
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UPDATE:
I responded to Airstreams letter, I gave them until Sept 1 to take care of this, they have not responded so I guess I am going to have to go to court with AS and I really wanted to avoid this.
So if anyone has or knows of a good attorney in the Jackson Center area let me know.

Sarge
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Old 10-26-2009, 10:10 AM   #22
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UPDATE
I started another post on here asking if anyone could help me with finding an attorney. NO luck, just keep getting advice to search the internet. There are over 7500 attorneys listed for that area and of the 54 I have heard from they said that they could not take the case because of their involvement with Thor/AS or one of the sister companies and/or suppliers. I believe that will be the same thing for all the rest as well.
See Jackson Center is a small town in the middle of Farm Land, with the major industry is campers, Thor being one of the biggest and that they own 7+ of the 15 trailer/motorhome companies in the area.
So I guess that Thor/AS gets away with damaging someones trailer due to their neglect.
As far as my insurance company, well they will pay me the value of the trailer $7500. and I will just have to write off the $7000. in repairs above that. With the damage to the aluminmum it will never be worth anything nor will I ever get my money back out of it like I would have if it was the way it was before the damage.

Sarge
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Old 10-26-2009, 12:22 PM   #23
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Maybe you could settle with your ins co AND sue AS in small claims court for the loss in value. It might be easier than finding a lawyer in JC.

Just another idea.
Rich
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Old 10-26-2009, 04:00 PM   #24
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Bite the bullet

I think Rich is right. Settle with the insurance Co. for the best possible amount....eventhough, I know you won't be happy about it. Then find out what the max dollar amount allowable in small claims court is....establish that amount with the insurance co or repair facility and then file a claim in Small Claims Court for that amount. If you exceed that max amount the Court won't deal with you and force you to the Lawyer side of things. This will keep your expenses down and give you a shot at a fair settlement. I hate to see this eat you up......you should have been out enjoying the Airstream all Summer.
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Old 10-26-2009, 05:57 PM   #25
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I have delt with or used these attorneys in the past.

Rich Wallace-Sidney-937-492-6191
Jim Chrisman-does wills, trusts, etc-may be able to head you in the right direction as far as referring you to an attorney-937-492-4250

Have a phone book full of attornys-but-these two I have had personal experience with. Rich is aggressive and will give you a realistic look at your situation.

Good luck.
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Old 10-28-2009, 07:34 PM   #26
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Maybe you could settle with your ins co AND sue AS in small claims court for the loss in value. It might be easier than finding a lawyer in JC.
Just another idea.Rich
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXX
You know something I had not thought about that.
I am going to check and see if it can be done this way and then that would take care of alot of problems after all the major complaint I have is the fact that if they had told me about all the damage I would not have made the repairs and taken that money with the insurance money and just bought another trailer.
Insurance pay for the trailer loss
AS pay for the unnessary money spent
My insurance will go after AS insurance and get their money without me paying an attorney.

This would put me back to the beginning then I can buy another trailer that is in good condition and start all over again.

Sarge
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Old 10-28-2009, 07:41 PM   #27
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I have delt with or used these attorneys in the past.

Rich Wallace-Sidney-937-492-6191
Jim Chrisman-does wills, trusts, etc-may be able to head you in the right direction as far as referring you to an attorney-937-492-4250

Have a phone book full of attornys-but-these two I have had personal experience with. Rich is aggressive and will give you a realistic look at your situation.
Good luck.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X
Thanks will call them. At least it is a start. I am also going to look at Rich's idea and they can tell me Ohio law on this.

Sarge
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Old 10-29-2009, 12:19 AM   #28
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Originally Posted by SARGE/AF View Post
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXX
You know something I had not thought about that.
I am going to check and see if it can be done this way and then that would take care of alot of problems after all the major complaint I have is the fact that if they had told me about all the damage I would not have made the repairs and taken that money with the insurance money and just bought another trailer.
Insurance pay for the trailer loss
AS pay for the unnessary money spent
My insurance will go after AS insurance and get their money without me paying an attorney.

This would put me back to the beginning then I can buy another trailer that is in good condition and start all over again.

Sarge


I hope it works out for you Sarge. This seems to put the blame squarely where it belongs IMO. Hopefully the law sees it the same way.
Rich the Viking
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