Camper FELL OFF truck- help!

[WendyW]

What a terrible mess! You may want legal advice before the damaged HC changes hands again. So far, custody has gone from the owner to the trucker to the wrecker, presumably, to body shop #1, and in two days to a shipper to body shop #2. I think each custodian could become a party to future lawsuits (although I’m not a lawyer) and litigation could take a LONG time.

Is there a lawyer in the house who could add or subtract from this? If not, I personally believe that damaged HC must not go anywhere without benefit of legal advice, and State Farm has many smart lawyers on retainer. Good luck.

All best,
WendyW

[thrifty bill]

As someone who has owned a salvage vehicle, I can tell you resale value plummets. In my case, I bought a F150 that was wrecked after just one month from brand new. I kept the pickup for almost ten years, so I got my value out of it. But when I sold it, I got half of what a clean title truck would have sold for. And it was nearly impossible to sell at any price.

[wilyoung]

Many years ago I had a double hulled 22 ft. sailboat. Now, I don't know the construction of a double hulled camper but, I sailed through a storm on Lake Ontario with my boat. After I cleaned my pants I inspected the boat. Most of the bonds between the hulls were accessible/visible, and many were pulled loose. It was repairable and sailed many years longer. Moral - Unless your double hulled camper can be thoroughly inspected and it is determined there is no internal damage in the bonding BEWARE! There may be hidden damage that significantly effects the structural integrity of the trailer. The manufacturer should be able to help you with evaluating that. Good Luck!

[CalCop]

I think the first thing to do is secure the trailer and not start any repairs until a choice has been made. Don’t let anyone push you into a decision. Send a certified letter to the repair shop advising them not to start repairs and to secure the trailer from further damage. That way if further damage occurs, they will be on the hook for spoilation of evidence in your pending lawsuit.
Next I would start collecting comparable trailer values. Use those to determine what the fair markets value of your trailer is.
I would contact Happier Camper and seek their advise on repairs. This would be the preferred repair station.
I believe you are entitled to select the repair station, not the insurance companies.
If it were my trailer I would prefer to have it totaled and get the best price you can get.
Having it repair and then selling it becomes difficult to get a fair value for the trailer.

[parmm]

What everyone else said. And I'm saying - "It will never be near new again!!!" You may need a lawyer that specializes in transportation claims. A good Boston or Philadelphia lawyer!

[Jann Todd]

Originally Posted by Jamie M

I took the pictures- it seems that the incident occurred when it was pretty close to my home city. They dropped it off at a local auto body shop that apparently had said they could repair it, then changed their mind when they saw the extent of the damage. I went over there to document it myself, and made my own calls and found a place 70 miles away that was recommended for fiberglass repair. So that's where it will be sent to on Monday. But I'm starting to doubt that this is the right path, and if I should be pushing for a total recuperation of my costs instead.

I would push the trucking company to pay the entire cost of the trailer to you. You bought it and they ruined it. They should pay you full cost and not charge shipping either. Hopefully your contract is to that.

[thrifty bill]

Originally Posted by Jann Todd

I would push the trucking company to pay the entire cost of the trailer to you. You bought it and they ruined it. They should pay you full cost and not charge shipping either. Hopefully your contract is to that.

Sadly the typical shipping contract does not give you that option. Read it carefully.

On the other hand, State Farm may well take care of you and then they can deal with the trucker.

While lawyers can be expensive, sometimes a well written letter from a lawyer can solve problems. On the other hand, you may just find State Farm will be more than fair. I've had good claim service from State Farm.

[C&G in FL]

Originally Posted by thrifty bill

Sadly the typical shipping contract does not give you that option. Read it carefully.

Contracts can and are often invalidated by the courts when mitigating circumstances such as gross negligence comes into play.

[Raz]

What a nightmare. Have them make you whole, cover all costs you incurred, take the money and move on. Happier Campers show up often. Find one with the glass windows. Less likely to scratch.

[steve dunham]

I worked as an OS&D ( Over , short and damage ) clerk for several years at a large retailer dealing with claims against railroads and trucking companies
From my experience thinking you will be made whole is a fairytale
My job basically was to file the claim and try to make the loss to my employer as small as possible . Incidental losses were never recovered!

[sharon_b]

I’m sorry this happened to you! After all this wait!Besides the comments above, I’d be concerned the trailer frame could be damaged and skewed. You’d be facing a lifetime of quickly worn/ blown tires if it’s not tracking straight. Good luck!

[Mike_L]

A unit that has been damaged and repaired will NEVER be in as good a condition after repair as it was before. Place two sheets of paper on a table. Crumple one sheet and then try, as long as you wish, to remove the wrinkles. The crumpled sheet will NEVER be the same as the one that wasn't crumpled, no matter what you do!
Some years ago I was in a similar situation. Here is what I learned.
Only the manufacturer, or one of their authorized dealerships can assess the damage too and repairability of your unit, not an autobody shop and not an insurance adjuster.
If the manufacturer deems your unit repairable, ask them to do the work or recommend a shop to do it. Never let an insurance adjuster pick a repair shop. They own most of them. Don't let the trucking company pick the repair shop as the folks who repair their trucks likely don't know much about trailers.
I had my unit towed directly to the dealership. I thought it could be repaired but I doubted the dealership would do it. The dealership cited liability concerns related to structural integrity as the reason they declined repair. I then declined repair from other shops recommended by the insurance company for the same reason.
Long story short, stay away from units that may have structural damage. Take the cash or ask for a replacement trailer. If they can find you a unit you are satisfied with, bonus. If they can't you may be offered a new replacement!

[redbarron55]

Your State Farm insurance should cover this and let them.
They will subrogate the claim and deal with the lawyers etc.
Part of what you pay insurance for is to have them handle this.
You should be made whole or at least to the limit of the State farm insurance.

[thrifty bill]

I really like Mike L's idea. If they want to repair it, fine. Send it to Happier Camper and have the factory do it correctly. This is not a simple repair.

[patrick crawford]

i'm coming late to this discussion. all the previous posts contain valid points however, if it were my trailer i'd insist the transfer folks pay what you paid for the trailer and walk away from it. there's way too much possibility that hidden damage will rear it's ugly head even after "repairs" have been completed. as long as you own this "repaired" trailer you'll have the nagging thoughts of "what ifs" and not really trust it's ability to deliver you safely to & from camping trips without issues (at least, those would be my thoughts if it were me). and yes, you may need to employ legal counsel to accomplish this.

sorry to hear of your unfortunate experience and i wish you the best of luck.

p@

[thrifty bill]

Good insurance companies know they make their money on the "float" rather than screwing people on claims. One poorly managed claim can result in killer word of mouth.

My only claim on State Farm was on my home's roof. Roof was over 20 years old, so the roof only had 5 years of life left. A hailstorm went through our neighborhood, and all of my neighbors were getting their roofs replaced. I had my doubts, as I park my F150 in the driveway, and it had no hail damage.

So I called up State Farm, told them "I don't know if I hail damage or not, could someone look at it?". Their appraiser came to the house. I told him, "I don't know if it is hail damaged or not, take a look." He went up, looked around, and came back down. "We are buying you a new roof!"

Appraiser did tell me some of my neighbors screamed at him, demanded a new roof, etc. He appreciated our low key approach on it. We let him decide.

Got a $20,000 roof job, less my deductible. No hassles, no problems. Needless to say, I've stuck with State Farm! And they didn't jack up my rates either.

[parmm]

You have a negligence claim against the driver and the shipper. But good luck with the driver as it is your word against his. You need to read this: https://www.partnership.com/blog/pos...ghts-blog-post . Good luck and keep us updated. Afraid Steve Dunham has nailed it.

[Civilguy]

Jamie, that's an awful thing to have happen.

Years ago, one of our kids bought a nice little used Mitsubishi. Then she decided to join the Navy, and not-incidentally expected us to sell her car as she trotted off to her new adventure. I grumbled as I assessed the french-fries under the seats, etc.

Happily, her brother then totaled it (with no injuries except to pride). State Farm paid us about a $1,000 more than she had paid some six months before. So, maybe the financials at least will work out okay.

[Bob & Jackie C]

Originally Posted by Jamie M

Hello, this is my first post here. I have a very unfortunate situation on my hands and would appreciate any guidance.

I recently purchased a used 2020 Happier Camper in perfect condition from an owner in Florida. I contracted Fisher Shipping to transport it to me in Western Mass. Yesterday I received the terrible news that it had fallen off the truck and from the damage it incurred, appeared to have rolled on impact. The truck driver is taking full responsibility for not having strapped it in correctly.

I am devastated as this was a significant investment for me. The shipping company is saying that their insurance will cover the repairs. I also have a separate insurance policy on it through State Farm. But my main question is, can this be repaired to its original pristine condition, or should I be pushing the shipping company to determine this as a total loss and cut me a check for the full amount?

The company, while apologetic, is downplaying the damage, saying that it "could have been worse" and that "it will be fixed up good as new". But I have heard from at least one person familiar with this kind of camper that there can be stress cracks that may not show for weeks or months afterwards. I'm afraid that the fiberglass repair person who will be working on the camper will fix up the superficial issues, but that I will be stuck with the long term effects of this incident. Not to mention the decrease in resale value.

I should also mention that buying a new Happier Camper has a wait of 6 months to a year or more, so this is all a huge blow to my summer/fall camping plans, not to mention my finances.

I appreciate any advice on how to proceed. Thanks so much!

Get your money back and start over or forever be finding and repairing damage!
Sorry this happened to your beautiful trailer,
Bob

[Keweenaw Bob]

Someone (NOT the fiberglass repair shop) needs to check to make sure the frame was not bent, no cracked or broken welds, all propane and water line connectors intact, all rivets, screws, etc, in good order, etc, etc.

Best of luck. That is really a huge bummer!