bigjim Posted January 12, 2017 Report Share Posted January 12, 2017 OK. If you are in a park and a neighbor has equipment that damages your RV due to high winds. Who has the problem, the other party and their insurance , the park owner and their insurance, or just you and your insurance? I guess I will be finding out real soon. In the night something slammed into the side of my TT. Turns out it was a very large freestanding type awning like you would have on your patio. Sort of like you would buy at the garden dept of Sears, or K-mart. Luckily it did not puncture the side wall or break out a window. Need to get a look at the roof in the daylight. It would have been miserable to try and deal with more at 2AM. Link to comment Share on other sites More sharing options...
A&KHayes Posted January 12, 2017 Report Share Posted January 12, 2017 You have the problem , but the Owner of the damaging object should pay for it. But what damage was done, or is this rhetorical? Link to comment Share on other sites More sharing options...
Devilishjim Posted January 12, 2017 Report Share Posted January 12, 2017 I would say the guy with the loose awning is responsible. His liability should cover it same as if his dog was loose and bit you. Link to comment Share on other sites More sharing options...
bigjim Posted January 12, 2017 Author Report Share Posted January 12, 2017 I have the problem. One reason I am posting is to help others who have not had or even thought of this become aware of it. Since I 1st posted I have talked with the park owner who I know well and he has an exclusionary clause in his contract. Not a surprise. I will continue to look into this. Link to comment Share on other sites More sharing options...
richfaa Posted January 12, 2017 Report Share Posted January 12, 2017 Depends on the coverage of your insurance and the other guys insurance. When a tree on a neighbors property came down in a storm and did damage to our property his insurance covered the damage. Link to comment Share on other sites More sharing options...
coachmac9 Posted January 12, 2017 Report Share Posted January 12, 2017 I would think that the neighbor would be liable for it but what do I know!!! We have had some unusually high winds here in East Texas (for this time of the year) and last week it got so bad I got up at 2 am and put the awning in...of course, as my DW reminded me, she suggested I do that before I went to bed but nooooo I didn't listen...at least the wind wasn't cold so it was pleasant outside and the stars were beautiful, but all the same I would rather not do it again that early in the morning again. Kind of a related subject...have any of you folks had damage to your awning because of wind or hail and had any luck getting the insurance to pay for a new one?? Ours is not in great shape and as I lay in bed trying to decide if it would be better to just go back to sleep and let the wind tear it off and hope the insurance would cover it but figured I better not take the chance...my luck they wouldn't pay or it would damage the coach or as in the original posters case a neighbors RV and I sure wouldn't want that to happen. Link to comment Share on other sites More sharing options...
kb0zke Posted January 12, 2017 Report Share Posted January 12, 2017 Our rule is that the big (patio) awning is out only when we are home and awake. It is put away before bed - no exceptions. Smaller window awnings come in when winds are going to exceed 25 mph. Link to comment Share on other sites More sharing options...
LFDR3116 Posted January 12, 2017 Report Share Posted January 12, 2017 Wind is an act of god. It cannot be controlled by your neighbor, so it is your insurance minus your deductible. If however your insurance company does feel that someone else is responsible, they will go after that person for reimbursement. If they are reimbursed for their expense, you will then get your deductible back. So, instead of you trying to decided, file your claim and let your insurance company decide if someone else should pay. Link to comment Share on other sites More sharing options...
chirakawa Posted January 12, 2017 Report Share Posted January 12, 2017 Wind is an act of god. It cannot be controlled by your neighbor, so it is your insurance minus your deductible. If however your insurance company does feel that someone else is responsible, they will go after that person for reimbursement. If they are reimbursed for their expense, you will then get your deductible back. So, instead of you trying to decided, file your claim and let your insurance company decide if someone else should pay. I believe this is the correct answer. Link to comment Share on other sites More sharing options...
Kirk W Posted January 12, 2017 Report Share Posted January 12, 2017 Kind of a related subject...have any of you folks had damage to your awning because of wind or hail and had any luck getting the insurance to pay for a new one?? Ours is not in great shape and as I lay in bed trying to decide if it would be better to just go back to sleep and let the wind tear it off and hope the insurance would cover it but figured I better not take the chance...my luck they wouldn't pay or it would damage the coach or as in the original posters case a neighbors RV and I sure wouldn't want that to happen. With most RV insurance, an awning is only covered if you have a specific clause for it. The typical RV insurance policy specifically excludes awnings unless additional coverage is purchased. Check your policy or ask your agent. Link to comment Share on other sites More sharing options...
bigjim Posted January 12, 2017 Author Report Share Posted January 12, 2017 To be clear this was not my awning. I think it could be better described as a gazebo style, free standing. And it was the next door people. Link to comment Share on other sites More sharing options...
SIBERNUT Posted January 12, 2017 Report Share Posted January 12, 2017 If you submit to yours, be sure it goes under your comp & not coll coverage. Link to comment Share on other sites More sharing options...
Ronbo Posted January 12, 2017 Report Share Posted January 12, 2017 He was careless in leaving it ou and not properly secures. He was careless. So act of a God does not apply. File a claim with his insurance. He also has to notify his insurance in order for them to talk to you. If he is unwilling, just file with your insurance and they will subrogate to his insurance. Link to comment Share on other sites More sharing options...
DuffMan Posted January 12, 2017 Report Share Posted January 12, 2017 To be clear this was not my awning. I think it could be better described as a gazebo style, free standing. And it was the next door people. So did your neighbor admit it was his? Easy to deny - then you have to prove it was his and he was negligent in some way. Link to comment Share on other sites More sharing options...
Devilishjim Posted January 12, 2017 Report Share Posted January 12, 2017 Careless has nothing to do with a gazebo style shade maker. They automatically attract the wind and the more you tie it down the harder the wind blows.Just pretend you bought a 10 x 10 parachute These shades never wear out they blow apart, You can tie 15 straps across them and they will implode and take off shrieking in various size pieces as far as the eye can see. Yes my insurance did pay for my awnings when the wind got the best of them. But the company that redid my awnings kinda royally screwed the ins company on their billing ! Link to comment Share on other sites More sharing options...
chirakawa Posted January 13, 2017 Report Share Posted January 13, 2017 He was careless in leaving it ou and not properly secures. He was careless. So act of a God does not apply. File a claim with his insurance. He also has to notify his insurance in order for them to talk to you. If he is unwilling, just file with your insurance and they will subrogate to his insurance. This information was not included in the original post. How do you know he was careless? He may have assembled and secured this awning totally within acceptable methods as suggested by the manufacturer and as any reasonable person would have done. You're assuming facts not in evidence (I heard that on TV once). Link to comment Share on other sites More sharing options...
Devilishjim Posted January 13, 2017 Report Share Posted January 13, 2017 This information was not included in the original post. How do you know he was careless? He may have assembled and secured this awning totally within acceptable methods as suggested by the manufacturer and as any reasonable person would have done. You're assuming facts not in evidence (I heard that on TV once). 2 in the morning ? Probably a drunk staggering home and tripped over one of the stakes pulling it loose ? Link to comment Share on other sites More sharing options...
chirakawa Posted January 13, 2017 Report Share Posted January 13, 2017 2 in the morning ? Probably a drunk staggering home and tripped over one of the stakes pulling it loose ? Good theory. Of course, the drunk can definitely sue the owner of the awning. Being drunk is not an act of God. Link to comment Share on other sites More sharing options...
Ronbo Posted January 13, 2017 Report Share Posted January 13, 2017 It is careless to leave these types of devices up at night or when you are not at home. As already stated they act like a large parachute. It should have been taken down at night. Link to comment Share on other sites More sharing options...
chirakawa Posted January 13, 2017 Report Share Posted January 13, 2017 It is careless to leave these types of devices up at night or when you are not at home. As already stated they act like a large parachute. It should have been taken down at night. You may be right. Hopefully, bigjim will let us know how it turns out. Link to comment Share on other sites More sharing options...
WeBeFulltimers Posted January 13, 2017 Report Share Posted January 13, 2017 Depends on the coverage of your insurance and the other guys insurance. When a tree on a neighbors property came down in a storm and did damage to our property his insurance covered the damage. I also had a neighbor's tree fall during a snow storm and fall onto our property ripping the electrical supply lines and meter box from our house. Their insurance and ours worked together very efficiently. His insurance had the tree removed and clean-up done and my insurance had all repairs done to our house. BOTH insurance companies waived deductible. Link to comment Share on other sites More sharing options...
Ronbo Posted January 13, 2017 Report Share Posted January 13, 2017 There is a guy here in the Phoenix area that had his neighbors 4000lb cactus fall on his car totaling it. The neighbors insurance co, State Farm, refused to pay saying they are not responsible. Hopefully they get sued. Link to comment Share on other sites More sharing options...
bobsallyh Posted January 14, 2017 Report Share Posted January 14, 2017 The park we were in in Yuma, AZ. for 13 yers would not allow the "Easy-Ups etc. to stay up overnight for just this reason. Link to comment Share on other sites More sharing options...
Twotoes Posted January 14, 2017 Report Share Posted January 14, 2017 Wind is an act of God however a reasonable person must take measures to prevent their property from causing damage to some one else's property. He may have taken some steps in precaution but the fact that the awning caused damage showed that he did not make a reasonable attempt to secure his property. His ( and your) insurance may have a provision that excludes this type of damage but that does not relieve him from his responsibility. It just means his insurance won't pay and he has to out of pocket. If he or his insurance won't pay you can file a claim on your own policy if you are covered and your insurance will go after him and his insurance. If you are not covered your only option would be to sue him and hopefully collect on your judgment. If the damage is minimal I would just pay for it myself and go on enjoying life. Link to comment Share on other sites More sharing options...
RMD3819 Posted February 9, 2017 Report Share Posted February 9, 2017 I had this exact situation except it was my easy up that caused the damage. During a storm a leg flew up and scratched the neighbor's RV through multiple colors on his swirl paint design. $3000.00 damage. I paid it out of pocket. Allstate initially said it would be covered but alas it was not. Long story dealing with them. Link to comment Share on other sites More sharing options...
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