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targaboat

sulphur springs, tx, usa

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Posted: 09/20/08 07:52pm Link  |  Print  |  Notify Moderator

In my previous post I warned of bashing a specific manufacturer but that was not heeded and the mods closed that post. While I agree with the post that caused closure, I still do not know all I need to know about the responsibility of the service facility at which a RV has been left in their care. I received the following excerpt from a private message:

“I don't know.. Laws vary from place to place, and I would suggest "out the window" seek professional advice (lawyer)

Though most every service center from here to there and back again has a sign somewhere "Not responsible for loss"

Fact is.. In many states, (if not all) they are... When the rig is placed into their care (Signed in) they assume responsibility under the law.

However you are going to need a lawyer to tell you for sure, and of course to get 'em to pony up a replacement rig.

So my advice is to contact a legal professional who knows the laws in the state where the rig was stolen.”


This sheds a new light on the situations and I am going to following up with the available resources in the community and determine the details of the situations in the state in which I live. I plan to report back if I find anything significant.


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fla-gypsy

North Florida

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Posted: 09/20/08 08:20pm Link  |  Print  |  Notify Moderator

I agree that the standard "not responsible" disclaimer sign does not always relieve liability. Good luck.


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Tinbender1

Lincoln, Nebraska

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Posted: 09/20/08 08:42pm Link  |  Print  |  Notify Moderator

Isn't this covered by insurance? Either the rv owners insurance, the repair facility, or their insurer. In any case, that is usually something the insurers get together and hash out which one will pay because in the end one of them gets the bill.


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Tinbender1

Lincoln, Nebraska

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Posted: 09/20/08 08:51pm Link  |  Print  |  Notify Moderator

I just found the original post. Should have stayed out of this one...

granite

ohio

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Posted: 09/20/08 09:09pm Link  |  Print  |  Notify Moderator

It just seems reasonable that if dealer is negligent in protecting your property while in their care they can become legally responsible for making it right to the extent to which they were negligent, no matter what state they are in?

wny_pat

Western NYS

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Posted: 09/20/08 10:31pm Link  |  Print  |  Notify Moderator

targaboat wrote:

"Not responsible for loss"
A dealership/service center can have all the disclaimers they want posted around their property and shop but they are meaningless in the eyes of conflicting state laws and courts.

BirdSongPlace

San Diego County, CA

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Posted: 09/20/08 11:04pm Link  |  Print  |  Notify Moderator

I have been thinking about the original post and wondering if there was any news. I would welcome an update.


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chuckster11

Idaho

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Posted: 09/20/08 11:14pm Link  |  Print  |  Notify Moderator

Go on line and look up Texas civil codes and see if anything is stipulated under the term "bailee". That should answer your question.

SemperFiCop

USA

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Posted: 09/21/08 05:41am Link  |  Print  |  Notify Moderator

Tinbender1 wrote:

Isn't this covered by insurance? Either the rv owners insurance, the repair facility, or their insurer. In any case, that is usually something the insurers get together and hash out which one will pay because in the end one of them gets the bill.


Agreed!!!

It is the JOB of the Insurance Company to figure it out.

They have investigators...

Case Closed





cpmath

New York

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Posted: 09/21/08 05:53am Link  |  Print  |  Notify Moderator

To Revoker, not telling anyone to listen to me, just stating the facts. YOU have insurance just for things like this. A while back the Chevy Dealer here at vandals come in at night and break all the windows in customers cars that were waiting for repair in the morning. Guess who picked up the tab? The owners of the cars NOT the dealership.

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