Small Claim Question

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texaslady02

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We have a 5th wheel and we are in an rv park in houston for awhile working. We are from NM. The park hired a tree service to cut some dead trees down. We had a tree behind our camper. The tree service knocked on the door and asked me to move our truck. He said there was nothing to worry about and that the camper would be ok. I was cooking supper and heard a large crash. I went outside and seen that a large limb had fell and broke apart and hit our camper. The wheel cover (made of plastic) had been broken with a large hole in it. I pointed it out and they said and I quote "did we do that" at that point I became upset and wanted to know what they were going to to about it. They assured me it would be fixed. The next day they came to get the info on the cover. And for 3 wks. I never heard from them. The office at the campground contacted them and they came by a few days later and said they could not get the same one. I told them they would have to buy 2 the matched. They told me no. His wife said right outright it was my fault for not moving the camper. It is a 32ft 5th wheel and I could not move it alone as my husband was at work. But I also was told by her husband that it would be ok not to worry. This all happend in May of this yr. It is now August and we still have not had satisfaction. Do we have a case? It to me is a matter of principle I just want if fixed. I am tired of people not doing what is right.:confused:
 
Yes, you can sue in small claims.
But, why not submit a claim to your insurance and let the insurance subrogate against the wrong doer?
That way, you get it fixed faster and the insurance company goes after the bad guy.
Small claims is an often useless process. You get a judgment, then you have to collect that judgment. It ain't easy.

Besides, yours isn't an open and shut case. Their defense will be you didn't move the vehicle. Your come back will be, they didn't have to go ahead and do the work. The RV park may also be liable. You're better off getting your insurance to fix it, and go after the bad guy.

You also have no police report. You should always (when you can), get a police report.
 
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