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SARGE/AF · 09-19-2009, 07:30 AM

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

SARGE/AF · 10-26-2009, 09:10 AM

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

VIKING · 10-26-2009, 11:22 AM

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

Melody Ranch · 10-26-2009, 03:00 PM

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.

H2K · 10-26-2009, 04:57 PM

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.

SARGE/AF · 10-28-2009, 06:34 PM

Quote:

Originally Posted by VIKING

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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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

SARGE/AF · 10-28-2009, 06:41 PM

Quote:

Originally Posted by H2K

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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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

VIKING · 10-28-2009, 11:19 PM

Quote:

Originally Posted by SARGE/AF

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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

H2K · 10-29-2009, 07:50 AM

Quote:

Originally Posted by SARGE/AF

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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

Good luck on your endevers.
In 1964 /68 I was a sky cop. 3201 SP Sq at Eglan AFB. They offered a 4 stripe (under 4 nice) or 6mo early out. I took the out. Some people are great at Law Enforcement. I went in to be a medic. Im glad I served. Ret science Teacher.

tallytwo1994 · 10-29-2009, 12:16 PM

Quote:

Originally Posted by SARGE/AF

My insurance will go after AS insurance and get their money without me paying an attorney.

Sarge,

Why would your insurance company go after AS? This won't happen.

Here's some online info about the court system in Ohio. Should help in your understanding.

Judicial System Structure

Notice the section titled Municipal and County Courts:

"These courts also have limited civil jurisdiction. Municipal and county courts may hear civil cases in which the amount of money in dispute does not exceed $15,000."

Here is a link to Jackson County Municipal Court:

Jackson County Municipal Court - Home

I'd consult with an attorney still.

Carol

VIKING · 10-29-2009, 01:28 PM

I can't read through the links in the post above right now, but I would think that his ins co would try to collect on the damages that were apparently caused by AS. The small claims suit would be brought by Sarge/af and the amount would have to be within their maximum limit, but it sounds like it would be more like 7K, not 15K.

Rich

tallytwo1994 · 10-29-2009, 04:24 PM

The insurance company wants to total the trailer and not pay for the additional repairs that need to be done ($25,000). I believe the first claim should have been checked out by the insurance company instead of asking for photos. Their adjustor would have discovered that the damage was more extensive than reported by Airstream and they would have totaled Sarge's trailer then and there. Sarge could then have taken that money long with the mony he spent afterwards and bought a new to him trailer.

The way I see it is Airstream is partially at fault for not disclosing the extent of the damage. The insurance company is partially at fault for not sending an adjustor to check it out first hand. The damage was caused by high winds and possibly by someone not latching the awning back (unproven). Regardless, if Sarge had not done the legwork for the insurance company... he would not be fighting anyone.

I would see if there's a process to get the insurance company to taken more responsibility.
Carol

ts8501 · 10-29-2009, 04:44 PM

If I am following this all correctly, this highlights for everyone the need to insure our Airstream's for their proper value or investment. I am sure the value of my '64 is nothing compared to what I will have into it, thus the need to ensure that I have the proper coverage with my carrier IN ADVANCE of the need to file a claim. If Sarge had been driving his trailer down the road, and got in an accident that totaled the unit, he would also be short the amount he has invested. If his unit had been covered in advance for the full value that he has invested, then regardless to the party at fault, he would be getting his full totaled value. The insurance company would then fight it out with any party or parties they felt they could recoup costs from. It is an unfortunate situation for him, and a valuable lesson for us all.

tallytwo1994 · 10-29-2009, 06:14 PM

Quote:

Originally Posted by ts8501

If his unit had been covered in advance for the full value that he has invested, then regardless to the party at fault, he would be getting his full totaled value. The insurance company would then fight it out with any party or parties they felt they could recoup costs from. It is an unfortunate situation for him, and a valuable lesson for us all.

Well yes, and no. Until Sarge had the work done on his trailer the value wouldn't have been higher, and I doubt the insurance company would increase the policy in advance of the work that raised the value.

Carol

SARGE/AF · 10-30-2009, 08:51 AM

Quote:

Originally Posted by H2K

Good luck on your endevers.
In 1964 /68 I was a sky cop. 3201 SP Sq at Eglan AFB. They offered a 4 stripe (under 4 nice) or 6mo early out. I took the out. Some people are great at Law Enforcement. I went in to be a medic. Im glad I served. Ret science Teacher.

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I served Aug 12, 1977-Dec 26, 1980 as an Air Cargo Specialist, Norton AFB Sanbernardino Calif, Did many TDY around the world. Had alot of fun given the military situation at that time, I wanted to fly but did not get too, then wanted to go in Security Police, had many good letters from some high ranking officials and Bob Hope & Crew but that was lost when I got injured on duty and it was because of that injury that pretty much ended my career. I did make Sargent before I got out hence the name Sarge.

Sarge

SARGE/AF · 10-30-2009, 08:59 AM

Quote:

Originally Posted by tallytwo1994

Sarge,
Why would your insurance company go after AS? This won't happen.
Carol

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Not true Carol, ask your insurance company, any time they pay a claim and there is any possible evidence that it was the fault of someone else they do collect that money from the insurance of the other side. Now depending on how much money they paid & the evidence will depend on weather they will take it to court or not.
This is what insurance companies do with each other.

SARGE/AF · 10-30-2009, 09:04 AM

Quote:

Originally Posted by VIKING

I can't read through the links in the post above right now, but I would think that his ins co would try to collect on the damages that were apparently caused by AS. The small claims suit would be brought by Sarge/af and the amount would have to be within their maximum limit, but it sounds like it would be more like 7K, not 15K.
Rich

Rich you are correct- if I went for the entire repair amount it would be just under 19K, but if the insurance pays their amount, and I win in court for the amount I spent which is just over 7K then I come out at zero not having lost any money. Yes there is proof of them leaving the latch undone which is what allowed the storm to do its damage.

SARGE/AF · 10-30-2009, 09:10 AM

Quote:

Originally Posted by ts8501

If I am following this all correctly, this highlights for everyone the need to insure our Airstream's for their proper value or investment. I am sure the value of my '64 is nothing compared to what I will have into it, thus the need to ensure that I have the proper coverage with my carrier IN ADVANCE of the need to file a claim. If Sarge had been driving his trailer down the road, and got in an accident that totaled the unit, he would also be short the amount he has invested. If his unit had been covered in advance for the full value that he has invested, then regardless to the party at fault, he would be getting his full totaled value. The insurance company would then fight it out with any party or parties they felt they could recoup costs from. It is an unfortunate situation for him, and a valuable lesson for us all.

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TS8501, you are correct, I posted this story for several reasons, 1) to see what people thought about what was happening and how AS/Thor was treating me, 2) Advice in case someone else had dealt with a simular situation, 3) Hopes that people would see what is happening and place preasure on AS to do the right thing, 4) So every can see what I am dealing with and that they would make sure their AS was insured properly so as not to have the same problems I am having. 5) when this is all over I am going to post all the details so someone else can learn like I am but before they go thru all that I am going thru.

Sarge

SARGE/AF · 10-30-2009, 09:20 AM

Quote:

Originally Posted by tallytwo1994

Well yes, and no. Until Sarge had the work done on his trailer the value wouldn't have been higher, and I doubt the insurance company would increase the policy in advance of the work that raised the value.
Carol

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This is correct, the work had to be done first, pictures & work order supplied to insurance company for records and then it would have been insured for the correct amount. That is the problem,, all the damage occured before I had a chance to get it home and change the insurance.
If AS had told me of the other damage I would have not authorized the work and would have made a trip up to see the trailer, get an adjuster to look at it, etc before I did any work.
AS did not tell me, the work had been done, By the Law Bill had to be paid, got it home, then started the paperwork.
Question; Would you leave the only evidence you have of the damage on the premisis of the company who caused the damage? (I do have the proof they did cause it)