Legal Question in Civil Litigation in Florida
lost or stolen property
My sister lives in FL but had a rv/camper stored in NC on the premises of a RV/Camper dealership. She pays them to store it, pays them to service it as necessary and pays them to deliver it to a local campground as she and her husband are not physically able to trailer it. These are some of their areas of service. They have not been able to account for her camper since June when it turned up missing. She is having a hard time getting them to reimberse or replace it even though their insurance will cover the majority of the loss. Hers was fully equipped and although not fully handicap accessible it was made to accomodate persons who have a hard time moving around easily. Should she get an attorney involved to write a letter? So far all communication has been by phone.What should she be willing to settle for? Can she request an equal replacement instead of having to shop for a new one. Thank you!
1 Answer from Attorneys
Re: lost or stolen property
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If the company will not resolve this matter voluntarily, your sister may have to retain an attorney to review her agreement with the dealership and to take whatever action is necessary to resolve this matter. They will most probably claim that they have no liability for missing property, but I doubt that a court will agree. She will probably be better served by hiring a North Carolina attorney since that is where the rv/camper is stored and if the case eventually has to go to court, there is no sense in dealing with a second lawyer.
Scott R. Jay, Esq.
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