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Tina. I have and rv that the wheel came off. That caused a…

Customer Question
Hi Tina. I have...

Hi Tina. I have and rv that the wheel came off. That caused a few other items to be damaged in the process. I filed a claim with Geico on Aug 8th, 2017. The RV place, LaMesa, has had it in the shop since Sept 9th. The righ is still not fixed. It has cost me about $4k in hotel fees and other misc expenses. Now I want to sell it and can't because it's not fixed. The price of the camper will drop a good bit by the beginning of the new year. So overall, I've lost thousands due to a 3 wk repair taking 4mo and going.

Lawyer's Assistant: What state is this in? And how old is the RV?

It was purchased from the same place warrently work is being performed, Florida

Lawyer's Assistant: Has anything been filed or reported?

Yes, I have a claim with Geico that was filed on August 8th

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Think that should get them the main idea

Submitted: 8 months ago.Category: Personal Injury Law
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Answered in 24 minutes by:
12/11/2017
Personal Injury Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Personal Injury Law
Satisfied Customers: 14,348
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Personal Injury Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm sorry to hear about your situation. This appears to be a breach of contract against the repair company based on the failure to perform within a reasonable time if they have yet to fix the vehicle. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim and you may be entitled to a return of the $4,000 that you spent on hotel fees and other miscellaneous expenses. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started.

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