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My mechanic burned my RV to the ground today


gr8white

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It's time for a lawyer. I'm thinking the insurance company can't exclude any vehicles he's working on. Only a lawyer can take care of it now. They don't charge for this kind of case until you get paid and they add their bill the the claim. Shouldn't cost you anything

Linda S

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if his ins doesnt pay that is his problem he can pay you out of his own pocket in a court judgement and live with it if he does not have addiquit buss ness libality ins that is his problem. and when you get a rig at least get fire and theft on it myn cost very little covered for 8000 total loss. I am very sorrey this happened to you.I have personaly had three autos totaled out by others contact an attorney.

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he told you his ins doesnt cover rv after he agreed to work on yours he now is open to a lawsuit and a court judgement aginst him. if he never reads his ins policy thats his fauilt.

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Let's get back to reality so be prepared for some unsettling news. In my opinion, the State Attorney General's office will not be interested in your predicament – there was no fraud. Rather, this is a simple tort. No attorney will take this unless they get paid up front – if you hired me, I would start billing at $2,500.00 (but I would strongly try to convince you that you should not hire any lawyer). There is no reason for an attorney to take this case for nothing – plus if they did do it on contingency, even if they win their fee will come out of the judgment.

Your state may have a Bureau of Auto Repair, like we have in California, and they may have some insurance requirements (I doubt it) but they likely won't do anything for you either. Your best chance, especially since it is an ongoing business, is to sue in small claims court. Here the limit is $10,000.00. After winning, you can tap the till of an ongoing business.

But be prepared for the mechanic to lie. Almost no one in court tells the same truths.

Sorry for the bad news and it's just my opinion. Good luck, Kim.

Here is a link to one of my embarrassing appearances in small claims court.

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I got a call from his insurance company yesterday and they are not going to cover this because RV's are excluded from his policy. That just flat out sucks! He said he has fire insurance but isnt sure that it will cover it. Again, sucks sucks sucks, sucks sucks!

A couple other thoughts, first, don't talk with his insurance company -- you have no relationship with it and absolutely nothing you might say will ever help you -- don't let them record you either. Above you said Progressive was going to negotiate with them -- hopefully they are still on board. Get a copy of his policy and have a public adjuster (or someone else who can read insurance jargon) read it and give their opinion or negotiate for you if Progressive won't.

It is almost always better to negotiate rather than litigate. Talk with the mechanic, ask what he would do it he were you, you can always sue until the statute runs. At least if you sue he can cross claim against his insurance company for coverage. I don't know what language the policy uses to exclude RVs, or even how RV is defined -- all of that is important. Courts generally interpret insurance contracts against the company (actually they interpret to the detriment of whoever drafted the contract) so if you ever get it in front of a judge you might be in luck. But again, that's not your fight -- you fight is with the mechanic. Kim

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Sorry it happened, sucks big time thought. Wish you tons of luck negotiating with insurances and mechanics.

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I was just told that his insurance definitely isnt going to cover this. Now I have to work it out with him and he is the worlds cheapest man although I know he has money. This isnt good.

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1. You didn't cause the problem

2. he agreed to work on it

3. he broke it (understatement)

Common sense says he should pony up or close up shop. Hopefully he cares.

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Yup my plans were to get full coverage on my RV once it was finally refurbished. I just finished weeks before this fire and didn't add it yet. The only time in my life I ever wanted to kick myself in the behind so hard was when I sold my home on a lake in AZ for 365k. 1.5 years later the area I was in values shot up and my home sold for 1.1 million. Yikes!

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two choices try to work with him or sue him listen too offer then you can chose

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He called me yesterday and told me that his insurance agent is looking into it because he was under the impression that it would be covered. My insurance adjuster said he checked and it wasnt covered. How long would you guys give him to tell me this and come up with an offer? The guy is a personal friend which makes it more difficult.

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Call one of those judge shows on TV. They might want you to file in small claims first but they will love the pics and want you on the show. They pay out the claim so it won't cost your friend anything and you will get free trip to New York or California depending on the show. It will limit your claim to the pennsylvania small claims limit though but just checked Pa limit is 12 grand.

Linda S

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Is this a "friend" that is not licensed bonded mechanic or welder?

if that's the case you are in for some trouble if seeking restitution.

I noticed the vehicle was outside while being worked on; and not in a garage...

If this was a buddy with a welder that is one thing but if he was being compensated "under the table" I am afraid you are probably SOL.

if he is licensed his insurance must cover it or small claims/ tort will. a judgement may seem satisfying but it wont be a check; its often impossible for a court to garnish a business owners "wages" too.

If he is not licensed etc and is broke all the crying in the world wont matter. If he owns property or vehicles perhaps a trade could be done?

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Here is a very good explaination of the 2 types of insurance a garage must have. Garage liability insurance and Garage keepers insurance. The garage keepers is what insures your vehicle while it's in the garage

http://www.dealers-insurance.com/garageliabilitygaragekeepers.php

If you look at this read this part. it says that the term auto is very loosely held as any land vehicle

"Auto" is defined as a land motor vehicle, trailer or semitrailer. Unlike the CGL and Business Auto Coverage forms, the definition does not mention that the auto has to be designed for use on public roads, nor does it make reference to "mobile equipment

This means everything but boats and planes. All land motor vehicles

The only way RV's and buses could be excluded is if he specifically asked for them to be excluded and I'm betting he did no such thing. Print out the whole page here and take it to your insurance agent and ask to see the exclusion on his policy. If he says it's excluded because it only says auto show him the page. Something just isn't right here. Your insurance company has a lawyer. Ask to have all the info sent to him for review

Linda S

After much looking I can find no examples of Rv's and buses being excluded from garage keepers ins. You need to see this policy yourself and have them show you where it says that. I don't believe it

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Insurance companies are always told to say NO first time a claim is raised; if only 10% don't challenge the NO they have just made 10% of a gazillion dollars yearly. Keep on them!

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<<<<<<<This mechanic is licensed and heavily insured. Just not for RV's or buses. >>>>>>>>>>>

if he wasn't insured then he was foolish to accept your job. It is not your fault he destroyed your camper & unless he can prove it his (if you modified a gas line to somewhere unusual & he was not so warned for example, however unlikely that is).

I would file the claims anyway. Then assuming you are denied start looking at the legal angle. Since your claim is relatively small (no pain suffering punitive damages most likely, just property) I doubt any attorney worth his salt will be interested in a contingency fee arrangement. Small claims court is maybe an option. In any case if he has no assets then even if you get the judgement you probably won't get the money.

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some times frendships end over bad things not a happy thing this guy has a bussnes an address is a legal citizen of the u s he is most likly sueable. if he takes the job and its not covered by his ins that is his fault he agreed to take the job. the local tire shop here tipped my bosses four runner off the hoist on to its side and had to fix it. my son took his brand new car to another shop and when he went to get it they scratched the whole side of the car all up we made them send it to a body shop. you ot to be worth at least 10.000 check with small claims court my guess if he doesnt do you right is he is going to wyn around because he doesnt want to pay out of pocket too bad that is his problem. then i woud make shure to stear other people away from that shop bad works do get around

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Here is a very good explaination of the 2 types of insurance a garage must have. Garage liability insurance and Garage keepers insurance. The garage keepers is what insures your vehicle while it's in the garage

http://www.dealers-insurance.com/garageliabilitygaragekeepers.php

If you look at this read this part. it says that the term auto is very loosely held as any land vehicle

"Auto" is defined as a land motor vehicle, trailer or semitrailer. Unlike the CGL and Business Auto Coverage forms, the definition does not mention that the auto has to be designed for use on public roads, nor does it make reference to "mobile equipment

This means everything but boats and planes. All land motor vehicles

The only way RV's and buses could be excluded is if he specifically asked for them to be excluded and I'm betting he did no such thing. Print out the whole page here and take it to your insurance agent and ask to see the exclusion on his policy. If he says it's excluded because it only says auto show him the page. Something just isn't right here. Your insurance company has a lawyer. Ask to have all the info sent to him for review

Linda S

After much looking I can find no examples of Rv's and buses being excluded from garage keepers ins. You need to see this policy yourself and have them show you where it says that. I don't believe it

This is great info. I just called my insurance company and told them about it. They are getting back to me they said.

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Ya know this has been bothering me. I don't think your "friend" was welding your RV out there on the street. Seems to me he had time after he knew something was wrong to jump in and move it to that location instead of pulling out his fire extinguishers, which he is required to have several, and trying to put it out. Maybe you should rethink this friend thing.

Linda S

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Linda, he told me he was working on it in the garage and moved it out when it caught on fire. His employee told me today that he was working on it where it burned. Either way, I am not sure how that really matters.

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Linda, he told me he was working on it in the garage and moved it out when it caught on fire. His employee told me today that he was working on it where it burned. Either way, I am not sure how that really matters.

Well he save his garage didn't he. No way it was on the street from the start. I'm just pissed on your behalf

Linda

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Well he save his garage didn't he. No way it was on the street from the start. I'm just pissed on your behalf

Linda

Thanks Linda. Im ticked too. I got this last August and prepared it the whole winter for my first time with an RV this summer. Last week of May my RV is gone. I still havent been able to really experience it like I wanted to. I want to do some research to back myself up if I have to go to court. Like case files or something. I would really like to get reimbursed for loss of use which some people told me I can and some told me I cant. Do you or anyone have advice for this? Thanks!

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You have the pictures and there is no way you would lose in small claims court if it came to that. He might not pay right away but you can put a lien on his home or car or business after you have the small claims judgement.

Linda S

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What do you mean your own gas station on board! The posted pics show the front of the r.v. Burning first. Nothing burning at the back bumper area.

What really started this fire? Ask the fire dept. to investigate, because something just doesn't, add up when you look at the pics. And the insurance companies will look at those pics.

Good luck to you.

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What do you mean your own gas station on board! The posted pics show the front of the r.v. Burning first. Nothing burning at the back bumper area.

What really started this fire? Ask the fire dept. to investigate, because something just doesn't, add up when you look at the pics. And the insurance companies will look at those pics.

Good luck to you.

I showed pics of the gas station.

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moving it out was logical for his shop but the fire extinguishers sound like a good idea too. should have done both.

if he (I include his insurance company in "he") don't settle & you have to go to court then ask for EVERYTHING (including loss of use, content@replacement cost, replacement cost on the camper itself & legal fees. When his insurance company sees that you are willing to get serious then they will have another incentive to settle fairly.

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Its been over two weeks, you should have an ideal on how much your Toyota was worth to you (your purchase price and cost of all work done to it). If you want to give the

shop owner a chance before taking legal action, present the shop owner with a letter containing how much your Toyota was worth and state in the letter that he has four business days

to reimburse you. Actually, put the end date in the letter so there is no confusion. Also in the letter state that if reimbursement is not completed by the end date that you will

immediately take legal action for the amount stated plus legal costs and lost of use. This should put to rest if the shop owner is going to reimburse you or not.

Good luck...

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all of this has gotten me thinking; it would be wise to get an agreed upon price from insurance IN WRITING at the time of policy inception, rather than fighting for it later. Good luck on getting that from them though...

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Check into a Safari brand mated up to the 7.3 powerstroke ford Diesel. This was what I was going to get prior to getting my Toy. Less explosive.

Will pull house off of foundation and tow anything; and get near 18-19 MPG doing it if in proper shape.

Also you should change your avatar picture to the one with the toy flames. :)

Keep us posted on how progressive treats you!

I've had three International Harvester "Navistar" 7.3 turbo diesels in pickup trucks and never got better then 16 MPG. 15 MPG empty on a 65 MPH highway trip is the usual. How the heck is a motorhome with more weight and wind-resistance going to do better? I do not believe thos 18-19 MPG figures.

After having mang Navistar-Ford diesels - I switched to Cummins-Dodge and CAN get 20 MPG on an empty highway trip. With a slide-on truck camper I can get 16-17 MPG.

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check your 12, i said "near" not will get 18.. I say that because of the spread of reported 7.3 MPGs on websites where owners can report their mileage. Not sure why you hate ford diesel so much; but the fact remains a well tuned powerstroke 7.3 can get Near 18-19. I would call 15-16 near it; and why the heck not; every v6 toy home owner in here does the same thing only they cannot break 65 mph. :) personally i would also prefer a 12 Valve cummins in a caper too; but i am speaking on practicality of getting one drive ready for cheap.

http://www.powerstroke.org/forum/99-03-7-3l-general-discussion/199850-best-mpg-7-3-a.html

above you can see the reports in a forum similar to this one on this motors stats;

international harvester MPG is not what I am speaking of.

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