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Old 03-08-2011, 11:23 AM
  #51
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Originally Posted by 36Tango View Post
A well know out of state used boat sales company asks to borrow your tilt trailer (free of charge) for an upcoming event to show off a little, you hesitate but eventually say yes because you are a nice guy and think it would be cool. company takes trailer hauls it from MO to FL with boat on it and back empty.

That was very nice of you to loan it to whomever it was that needed it. The generosity of the boating community can be pretty amazing at times.
Trailer comes back with a flat spare and flat spot on the existing tire still on the trailer with a locked up break and a busted axle and a bent up fender. My guy hooks up to it, drives less than 100 miles and the axle and wheel come flying off. Price to fix trailer is $7500. Company says they will pay for a new tire and thats it, its not their fault. WHAT

Did your guy discuss the busted up stuff with them before he hooked up to it, or was the only visible problem at the time was the tires? If the stuff was not busted, and your guy hooked up and pulled it, it may be pretty tough to hang it on the folks that borrowed it.
OK, i get it, maybe if i would have been hauling the boat the same thing would have happened, maybe not, how long did they pull the empty trailer with a locked up break? Who nows the real deal, i dont.

You may never know, and you may drive yourself nuts trying to figure it out

So my question is, should i just bend over and pay for it or what, what would you do?

It could be argued that all of this would have happened anyway. It seems like a good resolution would be to offer to split the cost of repairs with the folks that borrowed the trailer. They will just need to look at it as being $3750 worth of rental on a high dollar trailer. Now if the axle would have let loose while they were actually towing it, then I would say that it would be all on them.

If there is a silver lining to all of this, at least Speedy was not on the trailer at the time. I have seen pics of tires/axles that have blown out and done some pretty major damage to the boat on the trailer. Not much consolation under the circumstances, but you may have dodged a bigger bullet.
Imagine your driver calling you 1/2 way between home and Havasu and telling you the bad news.


Whatever happens, good luck with it, as it is never a good situation.

Comment:

The above post is right on point and answers the question. I would add some additional comments on loaning items to people.

First and foremost, have an agreement before the item is loaned on what happens if any damage occurs. Even if your the party borrowing stuff. For example, a person wants to borrow a propeller I say if you drop it ding it etc... you bought it.... agreed!.... if not then don't borrow it.

Same goes for the trailer discuss before hand if anything is damaged on trailer the person borrowing agrees to pay for it. As for a high dollar tilt trailer this procedure should be a given protocol. This allows you to be a nice guy and remain protected in what is expected between both parties.

One of the first concerns for me would be insurance coverage if someone plows into the trailer who's policy is going to pay. Did this person add the trailer as additionally insured on their policy etc....

As stated earlier I would offer a compromise witth the other party on splitting the cost of repair. If they refuse then you must pay for repair or submit the claim to your carrier which ever you prefer.

KAP

P.S. Agreements first...another example which comes up often.... is friend asks me to drive his boat back to marina and he is going by land. I say if anything breaks on this boat it is not my responsibility "do you understand" his answer Yes! If No, then guess what hot rod your on your own.

P.P.S. If you follow everyones position on you pay for it if you borrow it.... where does it end and almost always creates a mess both financially and with friendships.
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Old 03-08-2011, 12:31 PM
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[QUOTE=cdowns;3345162][QUOTE=RunninHotRacing163.1;3345140]

He's not talking about PIER57..... Read his post... We have our own tilt trailers, But if we did use his and messed it up, You can bet your AZZ, Woods would bring it back better than new. So keep digging boys you'll figure out who it is.[/QUOTE

#### yes he would!
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Old 03-08-2011, 12:37 PM
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Buck up and pay. You need formalities to go after them (contract, terms, pre inspection, post inspection). You should of had everything in writing and if you did not, then your stuck paying for it. Really not an ethical delima.........on your side anyway.
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Old 03-08-2011, 12:49 PM
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Originally Posted by buck183 View Post
Randy, for the record I think highly of you and personally think you of all people don't deserve this.

A couple years ago a very generous member here offered me one of his boats for the weekend to enjoy. Said it was sitting there and I could take it with no worries. I was very honored that he even offered. I didn't hesitate to turn down his offer for one simple reason. If a drive or motor went while I was operating the boat there was no way I could possibly afford to repair it for him. In my opinion I couldn't afford to borrow it from him regardless of his generosity.

I'm thinking your borrower was raised a little differently than some of us were.

Buck
+100

Let's face it, one of the biggest problems with this hobby that we all love is that it seems to be a magnet that attracts phucking azzholes. That pizzes me off.
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Old 03-08-2011, 01:35 PM
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Originally Posted by mwinn1 View Post
The borrower should bring it back in the same or BETTER condition than when they took the trailer. If a person is not willing to accept the responsibility they shouldn't ask. However, your situation is probably the norm.
+1 not to mention the fact that even though it might have been a 1 in a million chance the borrower needed to be prepared to the entire trailer it been destroyed durring the time it was in their possession. A legit business has insurance & to my knowledge the tow vehicle insurance covers the trailer behind regardless of ownership.

Personally I would have called the owner the second I got a flat to let them know and ask them how they'd like me to handle it.

Great friendships & business to business relationships take time to build but one can certainly flush one down the toilet in a hurry but not taking responsibilities for their own actions!

Sad!!
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Old 03-08-2011, 01:51 PM
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[QUOTE=thirdchildhood;3345257][QUOTE=cdowns;3345162]
Quote:
Originally Posted by RunninHotRacing163.1 View Post

He's not talking about PIER57..... Read his post... We have our own tilt trailers, But if we did use his and messed it up, You can bet your AZZ, Woods would bring it back better than new. So keep digging boys you'll figure out who it is.[/QUOTE

#### yes he would!


I know that and you know that now take a Midol and get back under the porch, we'll bang on your food bowl if we need ya
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Old 03-08-2011, 02:05 PM
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Originally Posted by Jupiter Sunsation View Post
10-4.......that leaves only one other person trying to sell a lot of cats....


C'mon now Buttmunch who's STIRRIN THE POT ?????

Randy/Wild sorry for the Hijack
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Old 03-08-2011, 02:07 PM
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Kentucky?
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Old 03-08-2011, 02:16 PM
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I would contact my insurance agent and give them as much information as I could gather about the vehicle and owner that was towing your trailer when the damage occured and let them sort it out.

That's what you are paying for.
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Old 03-08-2011, 02:29 PM
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Quote:
Originally Posted by TexomaPowerboater View Post
Buck up and pay. You need formalities to go after them (contract, terms, pre inspection, post inspection). You should of had everything in writing and if you did not, then your stuck paying for it. Really not an ethical delima.........on your side anyway.
That's not true. When you entrust someone with your property they have a duty care and a responsibility over that property.

http://en.wikipedia.org/wiki/Bailment

Also, there is something called a "quasi-contract" or a contract in law that could impose penalties on the defendant in court for their wrongful actions.

http://en.wikipedia.org/wiki/Quasi-contract
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