lent out the trailer and a horse that was in the trailer damaged it. Who is responsible to pay for the damages =- we do have trailer insurance with a deductible.
Posted 2013-06-11 10:46 PM (#152633 - in reply to #152632) Subject: RE: horse damages trailer
Regular
Posts: 79
Location: Alberta Canada
If the person who borrowed the trailer had any conscience at all... there would be no question ... he would just fix it or pay to have it fixed. short of that... go thru insurance
Posted 2013-06-11 11:38 PM (#152636 - in reply to #152632) Subject: RE: horse damages trailer
Expert
Posts: 5870
Location: western PA
In a perfect world, lent items would be returned in the same as, or better condition than when they were loaned. Unfortunately today's environment often embraces the phrase "it's not MY fault". You should expect that any item returned damaged would be attended to by the last user. That is what is proper, but often taken to the courts to settle.
Lending items can test the mettle of a friendship. You will quickly find out those which are and who is not.
Posted 2013-06-12 3:04 AM (#152638 - in reply to #152632) Subject: RE: horse damages trailer
Expert
Posts: 3853
Location: Vermont
Originally written by SHILOH2013 on 2013-06-11 9:31 PM
lent out the trailer and a horse that was in the trailer damaged it. Who is responsible to pay for the damages =- we do have trailer insurance with a deductible.
Did you take time-dated pictures of the inside and outside of the trailer JUST BEFORE they borrowed it? If not, they could claim that was the way it was when they borrowed it...:(
Posted 2013-06-12 9:13 AM (#152649 - in reply to #152639) Subject: RE: horse damages trailer
Extreme Veteran
Posts: 342
Location: MS
If you loan out a car, you expect to get it back in the same condition as when you lent it. If you don't the person you lent it to is responsible. In the case of a horse trailer, there is that horse to factor in...you can't explain to him that he can't damage what he is being hauled in. I am not a lawyer, but it seems to me that whoever owned the horse should be responsible at least for the deductible since there is that expectation of property being returned in the same condition. Even though you loaned out the trailer knowingly, the person you loaned it to TOOK it knowingly and as such assumed responsibility.
Posted 2013-06-12 11:20 AM (#152656 - in reply to #152632) Subject: RE: horse damages trailer
Veteran
Posts: 197
Location: AZ
That sux. you try and do the nice thing and you are the one with the messed up trailer.
Did you have any sort of verbal contract...they are legal in AZ I know...regarding damages?
How bad is the damage? Cosmetic or structural?
Depending on the severity of the damage would determine what I would do.
I often haul others and their horses when going on a ride...and have wondered if the people I 'haul' would 'pony up' and pay for any damages their horse caused.
Posted 2013-06-12 3:03 PM (#152662 - in reply to #152632) Subject: RE: horse damages trailer
Veteran
Posts: 129
Location: Northwest Ohio
Paying at least the deductible seems to be the popular answer. I agree the "borrower" needs to pay. However, if the owner turns in the claim, he/she isn't out the amount of the deductible but it's their insurance claim record being affected....and not at their fault. What if they happen to have a legit claim soon? Are their premiums going to increase? Will they get dropped altogether?
Posted 2013-06-14 9:11 AM (#152736 - in reply to #152632) Subject: RE: horse damages trailer
New User
Posts: 2
Location: Acton, CA 93510
thanks everyone for your input. this was my daughter's trailer that she lent out to help out a friend. never again. They had offered to go through their insurance company but since it wasn't considered a liability accident - they won't pay. This is covered under her insurance as comprehensive and does not raise her rates. i even verified it with my insurance company. The owner of the horse finally agreed to pay the deductible. tailer was damaged pretty good.
Posted 2013-06-14 10:36 AM (#152740 - in reply to #152632) Subject: RE: horse damages trailer
Expert
Posts: 1877
Location: NY
that is a shame that this happen, the same thing happen to a friend the trailer was total, the person using the trailer said it was not her fault and the insurance company said that the insurance is on the truck and did not cover the trailer so she was out the whole amount for the trailer . that is why I got trailer insurance on my so the trailer is cover no matter who is towing it
Posted 2013-06-15 10:38 PM (#152778 - in reply to #152632) Subject: RE: horse damages trailer
Expert
Posts: 2957
Location: North Carolina
if the borrower has liability insurance, either homeowner, umbrella, or horse related. .. this might be covered. I have a horse liability umbrella policy that will cover anything my horse damages.
Posted 2013-06-15 11:30 PM (#152780 - in reply to #152632) Subject: RE: horse damages trailer
Regular
Posts: 69
I'm the father of the girl that owns the trailer. To say the least I'm disappointed with her as well as the ones that borrowed the trailer. I upset because she knows that loaning something out like this in my book is wrong. She had just paid the trailer off and it wasn't an easy task. As for her "friends" that borrowed the trailer for trying to pass it off and put out on her shoulders and her insurance company doesn't sit well with me either. Yes the trailer will be fixed and yes she has learned a valuable lesson that will stay with her.
Posted 2013-06-16 1:30 AM (#152782 - in reply to #152780) Subject: RE: horse damages trailer
Expert
Posts: 3853
Location: Vermont
Originally written by califhorseman on 2013-06-15 11:30 PM
I'm the father of the girl that owns the trailer. To say the least I'm disappointed with her as well as the ones that borrowed the trailer. I upset because she knows that loaning something out like this in my book is wrong. She had just paid the trailer off and it wasn't an easy task. As for her "friends" that borrowed the trailer for trying to pass it off and put out on her shoulders and her insurance company doesn't sit well with me either. Yes the trailer will be fixed and yes she has learned a valuable lesson that will stay with her.
Posted 2013-06-16 6:23 PM (#152801 - in reply to #152632) Subject: RE: horse damages trailer
Elite Veteran
Posts: 781
Location: La Cygne, KS
Hopefully she didn't receive money for trailer use. That opens up a whole new can of worms. Since the borrowers are not offering to pay for damages it sounds like they paid for use of the trailer.
Posted 2013-06-17 8:43 AM (#152814 - in reply to #152632) Subject: RE: horse damages trailer
Regular
Posts: 69
No she didn't receive any money for letting them use the trailer as the old saying goes "nothing is going to happen" and parenting never ends.
The trailer goes in the shop this morning