New RV Accident on Lot

The friendliest place on the web for anyone with an RV or an interest in RVing!
If you have answers, please help by responding to the unanswered posts.

Lynn G

New member
Joined
Feb 6, 2021
Posts
1
Last month, we purchased a 2021 5th Wheel.  We signed the paperwork but were going to actually pick up the 5th Wheel a week later.  A few days later the dealer contacted us and informed us another customer had hit our RV and there was damage.  His insurance would pay for the damages.  The repair center is waiting for a part to finish it but doesn't know when it will be complete.  I work on the road and live in the RV and am missing work because of the damage.  What can I do to remedy the situation?  I had previously given my notice where I live and must vacate the premises soon.  When do you officially take possession of the 5th Wheel.  We signed the paperwork but did not do a walk through.  Please help. 
 
Have they given you the keys yet?  No keys, no final acceptance, no possession. Damaged prior to taking possession, I would think you could legally back out. Understand your predicament,  what do you desire from the Dealer?  Part shortages are very common during these covid times.  If it had more than small damage, I would walk.  It will be a sore spot for leaks and other issues, I at minimum would demand compensation / adjustment for accepting a 'no longer factory new' RV. Just my opinion, I hope whatever gets resolved quickly for you. 
 
So now they don't have a trailer like you agreed to purchase?  I would try my best to call the whole thing off.
 
If no money has exchanged hands I would tell him to immediately swap for a similar trailer or you will have to walk away from the deal. If money has exchanged hands call a lawyer. Legally I wouldn't think any judge would force you to go through with the contract and the dealer knows that. Be prepared to play hard ball if he doesn't play nice. The dealer will get his losses from his own or the other guy's insurance.
 
You might mention in your negotiations that you're going to need full or partial compensation for work lost, and maybe because you had to have temporary housing until you got yours.  I don't know if that is an option, but they might not know either.  Make sure you document every communication you have or will have with them.  Names, date & time.

Hope this works out for you quickly & satisfactory.
 
You did not mention where you live which could have a bearing on what the answer is.  I recommend that you take your sales agreement to a local attorney for a legal opinion on your rights.  If you are not familiar with your local lawyers, your states bar association may have a referral service that can assist you.
 
Not an RV but a car.. The owner was involved in an accident so he took it to a body shop next door to the warehouse where I was working.

Well they got it all fixed, and painted and backed it out of the paint booth to move it to the drying booth. but forgot to open the door
"Dear sir, There will be a slight delay, no additional charge"
Then they got it fixed, and painted (Do not know if it had been dried) but it was parked at the curb (SAME CAR mind you)
When the Shuttle Truck driver who was backing in to pick up the trailer to take it to the store...........

Dear sir. There will be a slight additional delay. Though this time there will be additional charges don't worry You won't be paying them someone else will. .

I'd say that care was JINXED.

True story I was there when it happened (though not personally involved.. My Bicycle was secure).
 
First, if the dealer is unable to deliver the item in the sales contract, it becomes void. The gray area is how long a delay is acceptable and that is often not stipulated in the sales contract.  I'd say that anything more than a couple weeks would void it, but there is no fixed rule. Contract law is decided on a case-by-case basis, according to the circumstances.

You need to have a heart-to-heart talk with the dealership management over the timeliness of delivery and maybe the extent of the damage. Afterall, you paid for a new, undamaged RV. If the delay is going to exceed what you can tolerate and he plays hardball about cancelling the contract, you probably need to go the attorney route. If he makes reasonable accommodation to your needs, then maybe you can continue the deal, either with the repaired RV or a substitute.  However, be skeptical of promises - get everything in writing.  RV repairs are notoriously slow and he probably cannot get a replacement in less than several weeks.
 
Many years ago we purchased a new 5th wheel. We were fulltimers. There were some problems that arose several months after purchase so we contacted the factory and set a date to bring it in for repairs. On the way to the factory two more problems developed. We showed up for our appointment and I was already not a happy camper because of the plethora of problems with our new unit. I conveyed my frustration about our situation to the warranty manager explaining we lived in the RV and could not simply drop it off and go home and wait for it to be repaired. She said we would have to make arrangements for hotel accommodations in the local area. Not a good answer to me. After some back and forth I convinced her to foot the bill  for the hotel. We still had to pay for at least a weeks worth of dining out at restaurants. I am convinced the underlying reason the repairs only took a week instead of many weeks is they were footing the bill for the hotel.
 
That trailer, at least in my eyes, is no longer new. It has been damaged and would require a fair amount of discount for me to follow through with the purchase, providing the damage was not structural. If the structure was involved it would be a deal breaker for me. Please let us know how this resolves.
RichH
 
You need to decide what "you" want to be made happy and whole.

1 - You need a place to live and are being deprived of that. A hotel for the duration? A loaner RV?
2 - You need to assess the loss in value (if any) for a damaged RV.

Then you need to understand your rights. In my mind you have not taken possession of a new RV. If this RV had been damaged before you paid full price you may not have paid full price...

You may want a different brand new undamaged RV because that's what you paid for.  There are definitely remedies here. You just have to decide what remedies you want and what remedies the dealer is willing to make.

As TheBar said - be prepared to play hard ball and/or walk away.

If the dealer plays nice, fine. If not you get a lawyer...
 
I havn't seen the obvious, The insurance company involved should be liable for your housing if it is your home and you bought it for this use..>>>Dan
 
Lynx0849 said:
He didn?t buy it. He planned to buy it. His housing issue is not anyone else?s problem.
The way I read it, they did buy it last month and did sign the paperwork but just hadn?t picked it up yet so he is the owner. Whether the dealer is liable or just the customer who did the damage is beyond me. A good lawyer may have to figure this out. Personally I don?t think the dealer would be liable. He was just letting the new owner park it on the dealers lot.  Now if it was parked in a gated locked area and someone jumped the fence and broke into it and caused some damage, then the dealer or his insurance, would be liable because it was under his control but not in this case if it was just parked someplace on the lot I believe. Just my opinion.
 
The way I read it, they did buy it last month and did sign the paperwork but just hadn?t picked it up yet so he is the owner.
He doesn't become the legal owner until the title is issued in his name. And that doesn't happen until the contract is executed, meaning he takes delivery.  In most cases, the title is held to have changed hands when the application for title transfer is actually submitted to the state DMV.  If the RV was his,  his own insurance company would be involved in the claim, but that doesn't seem to be the case. He probably doesn't even have insurance on it yet.

The bottom line is that the housing problem is his to solve. He can sue the dealer and the driver who caused the damage for compensation for the delay, but [in my opinion] it's by no means a slam-dunk win.  Disruption of plans is a nebulous thing and happens all the time for many reasons.
 
Back
Top Bottom