Damaged rental equipment

[xander9727]

We rented an articulating lift today to remove some limbs off a dead tree prior to removal. On the way back from the job the lift came uncoupled from the truck while turning and fell on its side. The equipment wasn't badly damaged but I'm sure it will cost enough. My question is if the damage exceeds what I want to pay out of pocket do you turn it into your commercial vehicle insurance or your general liability. If anyone has any experience with this your input would be appreciated.

 

[xander9727]

Thanks for the response. The officer put in the report the hitch "appeared worn". The tow truck driver noticed it first. It is the type with a hinged coupler and a sliding collar. The rental company doesn't keep hitches on the equipment to prevent theft. When a piece of equipment is rented they attach the appropriate size hitch on the equipment. It hard to say how much use the hitches receive and if they are discarded after a certain period of time. I took pictures of everything. I've never had a problem like this before. I'm pretty anal on safety stuff. The hitch was closed and the safety pin still installed but the hole for it was approx. 1.5" behind the collar making it kind of useless. I'm sure this won't end with a five minute conversation.

 

[Toddppm]

Did you decline the damage waiver on the rental? I always let them charge whatever it is extra for the ins. usually only a couple bucks.

 

[murphy4trees]

I've seen that exact same type coupler fail on a stump grinder rental.... And it was the guy at the rental yard that put it on the truck... Fortunately there was no damage... After that I check the hitch myself...
I would tend to disagree that it is the driver's responsability in such a situation... If its their equipment and they put it on the truck, and its not a commercial load requiring a CDL.... it sounds pretty hard to pin that jacket on the driver.
I'd get a lawyer and put the oneous on the rental co., if that is inded what happenned.

 

[xander9727]

This rental company doesn't give you a copy of the contract until you bring the equipment back. I pulled up another contract from a couple months ago and their isn't even insurance offered. I never decline the insurance, even on rental cars. I'd rather pay a few extra bucks and have the piece of mind. I'm not out to screw anyone but I don't want to take it in the shorts either. I pay insurance hoping to never have to use it. I just don't want to be in a situation where everyone says it's someone else's responsibilty and I take it in the end. I'm sure your curious how this will play out so I'll keep you posted.

 

[DDM]

Hmmmm? Where were the safety chains?

 

[Stumper]

The local equipment rental outfit assumes you want the ins on every rental-you have to ask not to have it. They nail you for a few bucks but are agreeing that you aren't responsible if the equipment comes back damaged (at least that is the way it seems to read-legalese is a deceptive language.) While I agree with Brian that the driver is responsible fro his vehicle I would not assume responsibility for the failure of rented equipment. If I drop a tree on it then it's my fault. It the thing comes apart it isn't. If I fail to close a coupler on a trailer it's my fault. If the hitch fails it was their baby.

 

[treeman82]

Whenever I rent something I always sign an agreement before I take it. I always take the damage waiver. When I can, I get a copy of the rental agreement before I leave. I find that fishy that they don't give you any kind of contract before you take the equipment.

 

[murphy4trees]

Rocky,
I agree with you in spirit... personal responsibility is the ticket....
And in this situation the rental company is the professional... they are being paid to provide equipment... its their resposibility to insure the proper function and safety of that equipment... Suppose they rent a saw without a chainbrake and the operator gets injured from kickback... Every saw operator should be responsible for working safely right??? Not so here....
So what's the difference with that and a defective hitch....... or improper instalation of the hitch????? So who put the hitch on the truck before it failed??? And was it defective???

 

[mrtree]

Xander this is clearly your problem to deal with, not the rental company's. As mentioned you are responsible for your vechicle and anything being towed. In Ontario the law is such that the driver much re-inspect the vechicle, towed equipment and hitch, every time it is hitched/unhitched and moved onto a public road (even if this is a few times per day). Unless you can prove (in court maybe) that the hitch provided to you was not only defective, but also that you could not have determined this (ie. welds that fail under load etc.) you are responsible.

As for insurance, check with your agent. My policy will not cover damage done to any equipment I am towing (though the liability for damge done to other vechiles is extended from the vechicle to the towed equipment). I must specifically insure each piece of equipement (ie. my chipper) seperately, or, when renting a piece of equipment I ask for a rider to be attached to my policy for that piece of equipment for a specific day.

I rent an Rayco RG50 or RG85 on occasion and I do not want to be stuck with a $50k bill if something happens.

One thing I have learned is the added expense of insurances and the added hassle of documentation and paperwork can make these situations easier and ease a lot of anxiety.

Michael

 

[NeTree]

First of all, it would be the vehicle insurance that covered it.

Second, they HAVE to give you a copy of the rental agreement. It's the LAW. It's YOUR proof you have a legal right to possess the quipment (ie it's not stolen).

Ultimately, renting stuff sucks. It's the number one reason to own your own equipment. By the time you pay rental a few times for something, you could have bought it.

 

[TheTreeSpyder]

Originally posted by RockyJSquirrel
It would fall under the vehicle insurance. It is the responsibility of the driver to secure his vehicle and any trailer attached to it before driving down the road.

That prolly is true Rocky. But, kinda scarey that a rental guy can hook up a sign, party toy, trailer for tent to something some kid borrowed, your sister in her boyfriend's jeep, your mom pulling something to some church function etc. Somehow it seems there are a genre of folks going to rental places legitamately, that can drive something rented home, but really depend on the gentle-person behind the counter to know the mechanics and viability of proper use and hooking up of their own rented gear etc. and trailers. If this person (renter) doesn't know, how can a less mechanical person (compared to rental agent that is most of the world), less familiar with the hitching and it's history stand a chance. i don't expect this person to throw a 2 5/16 hitch on a 1 7/8 ball, pat'em on the back and tell'em to have fun.....

In pro-trucking, at home etc.; once the hitch is taken off by customer etc. is one thing; but i'd press hard on the rental agent here, make noise; especially if hitch wasn't touched/detatched after they secured it. They could hook something busted up to granny's bumper hitch, falls off and sell it (rental item)to her otherwise!

i think common consumer available outlets should take responsibility for securing properly with proper equipment. but then that the insurance is there way of quoting low, then trying to sell you something for some breakage/wear that might occur that they should cover anyway. And once bought, someone for them to charge for breackage from accumulated wear, that they otherwise would have to cover themselves!

 

[Dan F]

Any time I have rented things, I ALWAYS recieve a copy of the rental agreement before I ever leave the yard with the equipment. I don't think I've ever had to ask, it is just given to me.

When equipment is brought back, I recieve another copy of the agreement or a reciept, stating final charges that include rental and fuel charges (those always hurt, usually ~$3-4/gallon of fuel!), tax, etc...

Most places require commercial accounts to use the insurance, unless you have a certificate of insuranse on file (I think Nations Rent is this way), some even require a certificate of insurance from your insurance company before you can rent.

I would guess that if the insurance wasn't offered, you could fight any repairs they might charge you for. But I'm not a lawyer...

Good luck!


Dan

 

[SilverBlue]

When renting any piece of equipment it’s important to check to make sure that everything is in working order and to note any defects from scratches and dents to missing bolts etc. Here it’s the driver’s responsibility to check the vehicle and anything towed before operating on a roadway.

 

[Treeman14]

Originally posted by xander9727
On the way back from the job the lift came uncoupled from the truck while turning and fell on its side.

So, did the hitch fail after the lift rolled in the turn? Or, did the hitch failure CAUSE the rollover? Big difference as to liability.

 

[xander9727]

The hitch failed prior to the roll over, causing the rollover. I met with the rental company today and they were calm and professional with me. I was expecting them to freak out but they said they deal with this everyday. The value of the lift is around 13k but they seem confident that it is repairable. Were going to go over it tomorrow or Wednesday. I get the impression that if they'll let me repair it (at their facility) to help the cost. Turns out I grew up down the street from the manager. My insurance agent was supposed to get back to me but he never did. He said that he is 99% sure that my auto insurance has an exemption for rental equipment and he said my general liability only covers me at the job site. I asked him how I would be covered in this case and he said I would have to schedule each piece of equipment I rent and pay for a full year. I asked about getting riders for rental equipment and he said I can't do that. I really felt I was well covered insurance wise. Now I feel kinda naked . I think it's time I find a new agent. If he won't even call me back I start to wonder if my business is important to him. I think I'm going to take this one in the shorts! Thank the good Lord that we've had a busy summer. If this had happened last year I would really been in a bad situation, not that this isn't bad. I'll keep you posted.

 

[Stumper]

Xander, Whose hitch failed? If their equipment failed and they "deal with this everyday" why are you even concerned about fixing it? Don't misunderstand, I think that being responsible and going an extra mile are admirable. I just am having trouble telling where the responsibility lies. If the failure falls at their feet so does the repair. You may indeed need a new ins. agent but the real problem is the ins. "industry" (Tain't an industry-doesn't produce anything 'cept headaches and rectal pain ) They want to rake in money but never have to pay it out. (I know. -the other side is all the fraud that people perpetrate trying for an insurance windfall.)

 

[geofore]

Advice

Check every piece of equipment before it leaves the rental shop. Had one shop charge me three times for flat tire on their flatbed. same flatbed same tire, three different drivers picked up the trailer. I took photos and had state police mark tire, fourth time state police arrested the rental agent and they are no longer in buisness. The trailer rented for $150 a day but they charged $250 each time for a tire they never replaced. They put air in it to get off their lot. Scammed me once too often and got nailed with a lawsuit. Police put one of those wire markers in the tire to mark it so we knew it was the same tire one more time. Not all rental places try to scam you. You need to inspect equipment before you move it off their lot. You can ask to see the mechanics records for the trailer to see if they knew about the problem before hand and rented it anyway. A proper hitch should not fail. I did have one fail when the guys tried to tow a compressor over a wooden bridge and the bridge failed, truck made it across but the compressor went down with the bridge. Bridge could not hold the posted weight for the bridge, snapped the hitch. Your ins agent should be able to put a clause in to cover all rented equipment for a yearly fee not a yearly fee for each piece. Sounds like he is hoseing you.

 

[xander9727]

Spoke with rental company today. They are "looking into" the hitch issue. They cannot repair the lift legally. It has to be sent to a rework facility, repaired and then recertified. They won't discuss cost with me, I don't know if they're unaware of the cost or something fishy is going on. I will do the right thing but I will not be taken for a ride. I took pictures of the hitch and have requested to see the hitch that was on there. If they can't or won't produce the correct hitch then I'll know what is going on. I spoke to my insurance agent today and he had done nothing . Gave me the number of the claims department to ask if it was covered. The company refused to give me direct info unless I filed a claim. I don't want to file a claim if they're not going to cover it. So I said I "wanted to ask a hypothetical question" and described the situation. They wouldn't give me a definate answer yes or no but I'm getting the impression that it may be covered because it legally isn't a "trailer". That is the only exemption that they saw. I am getting a full copy of my new policy (I just renewed in August). I'll keep you posted.

 

[John Paul Sanborn]

Sounds like they may be doing the paper work to cancel your policy before you can file. I've talked to people who had it happen to them.