Digest Number 1171

July 05, 2004, 01:28:11 pm

Jack and Salley - I would suggest that you immediately hire a competent attorney to protect your interest and your property.

Bob Manly (retired attorney)
Magna #6118

Acura MDX - toad

Re: Digest Number 1171

Reply #1 – July 05, 2004, 10:05:39 pm

Yahoo Message Number: 10491

Message: 2

Date: Sun, 04 Jul 2004 13:28:25 -0000 From: "jsinger99"

Subject: Our Brand New RV Zapped at KOA Okeechobee, FL
On June 4, 2004, less than 24 hours after purchasing a brand new RV, our site (#419) at the KOA Okeechobee FL campground experienced a power failure, and the employee who was sent to fix it mis-wired the power box and sent 220v through our 110 v system. This has resulted in devastating damage to the RV. The damage included the microwave, VCR, refrigerator, headlights, turn signals, fog lights, emergency blinkers and more.......

On Wednesday, June 23, 2004, we learned from the General Manager ofKOA Okeechobee that the KOA employee who mis-wired the electrical power box was not a licensed electrician, was not certified in electricity or electrical repair, had received no training in electrical repair, and had never attended any continuing education program for the work he is doing...........
On June 23, we spoke to the GM regarding an acceptable settlement.
We felt it would be in both our best interests to resolve this issue promptly. She basically told us to DEAL WITH THE KOA INSURANCE COMPANY FOR REPAIRS.......

+++++++++++++++++++++

Jack and Sally,

I'm so sorry to learn of your problems. I fear that the reason that the GM is taking a real "hands off" to your problems is that, unfortunately, you may have significant problems with the coach. You didn't mention what model you have in your note.
First, I would spend some serious time with the folks at Country Coach to understand what could be affected by the KOA error -- take detailed notes and try to get it in an email if possible.
Second, If the insurance doesn't immediately agree to your requirements and start cooperating in good faith for a loaner RV, etc., etc., I would immediately contact an attorney. I would try to find one that has experience in dealing with automotive insurance companies and make sure you negotiate a reasonable billing situation up front with the attorney. It's OK it interview several different attorneys.

I think that you have very good grounds to obtain a brand new coach and let the insurance company "own" your coach, get it repaired and then sell it themselves. An experienced attorney should be able to give you guidance here.
You definitely have a "loss of use" penalty that can run into big bucks for the insurance company...... You coach won't be fixed for weeks. If your attorney can't get you a brand new coach, he surely must get you another coach to use while yours is being repaired. And you need to make sure that the repair shop has to check out everything electrical on the coach in detail. Not every dealer's shop is prepared for that extensive type of electrical work, so some research is required before you just turn the coach over to some dealer.
Now is not the time to be "nice." You don't want to be impolite, but you've got to be VERY FIRM and DIRECT or the insurance company will drive you crazy......."Oh we don't cover rentals, we don't cover you travels to XYZ location or motels," etc., etc. Baloney!!! Your life has been seriously interrupted and you are due fair and just compensation for your losses. Naturally you're not trying gain from this situation only to return to your starting point. Remember the insurance company representative is trying to keep the company's expenses as low as possible and keep their money as long as possible. Be fair but be firm! Document EVERYTHING! If you haven't done so already, go back now and build a log as best as you can remember. Unfortunately, I fear that you will need it later. Make sure that all discussions are followed up with a written note to the insurance of your requirements/requests and their verbal commitments to you. When you do this, they will realize that you are serious about this situation and that you are building a case for the courts or arbitration if necessary. Lastly, regardless of what they tell you, even after all is "fixed," do not sign anything that frees the insurance company from any future electrical or resulting problems, acknowledge what was done -- and thats all. Tell them you'll do it after X months of use or whenever you're comfortable. Once you release them it's almost impossible to get anything else without taking legal action.
Good Luck and let us know how you make out with the ins. co.

Denny Zarnt 2001 CC Affinity # 5972 - All Electric

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