Damaged rental equipment

[geofore]

lift fix

The lift has to be certified to be put in use and any repair has to be recertified and all welds have to be done by a shop that has certfied welders, are you certfied to do the welding? They are not hosing you around, it is required by law. The insurance co. is notified when you give it to them in writing, let them figure out who is at fault and how much at fault. Write down what happened send them a copy and keep a copy for yourself. Make duplicate copies of your pics and do the same. It is the best way to CUA.

 

[xander9727]

Well, I got the final bill for the lift. Altec is doing the repairs and I wish I could get their rates. The final cost is $9356.26. To see it itemize is a joke. Some of the highlights are "Add two gallons of hydraulic oil $76.23", "Repair curbside fender $355.45", "Paint new parts to match $655.28", "Replace four mounting bolts for engine to frame vibration isolators $155.66". It just goes on and on and on. This was a very painful bill to pay. I guess I won't owe much on taxes this year . My insurance has technicalitied their way out of paying. My agent is avoiding me and it's probably better. I really have no use for him anymore. I can sue him for not offering the insurance to me but I'm sure that could cost me $10,000 in legal fees. This has been a very painful lesson for me. I'm trying to make sure I learn everything I should from it. I guess I should look on the bright side....no one was hurt and I can always make more money.....I can't take it with me anyways.....but I do enjoy it here!

 

[Dan F]

Sounds like its time for a new agent...

Man, that sucks having to foot the entire bill. Since you tried to get your insurance to pay for it (they know about the accident), will your rates now go up? It wouldn't surprise me if they did, but I'd fight it.

What did you ever find out about the damage insurance that is supposed to be offered when you rent? I would have pitched a b*tch at the rental company for not offering it in the first place. Least they could have done was split the bill with you....


Dan

 

[NebClimber]

xander9727:

Get a copy of your auto insurance policy and read it yourself!
Get a copy of your professional liability policy and read it yourself!

You did not give us enough info to even respond to your coverage question.

Typically, an auto liability policy covers you for damage you cause to a third party "arising out of the use of an automobile." Then there are certain enumerated exlcusions. It would seem you incurred liabililty for damage you caused arising out of the use of an automobile. But was this excluded? Read the policy.

Your professional liability policy covers you for damage you do to third parties w/in the course of your professional work. But it likely excludes damage you cause "arising out of the use of an automobile." As you can see, the auto liability policy and the professional liability policy dovetail with each other.

Bottome line is, get a copy of the policy.

On a related point, if the rental company provides you with equipment that is defective, and the defect causes damage to the equipment, it is not your responsibility (unless your contract with the rental company specifies otherwise.)

I'm dismayed to see you paid this w/o getting satisfactory answers to your questions. You have lost all of your leverage with the rental company on the issue of who is responsible for the damage as between you and the rental company. At the least you could have struck a better compromise with the rental company.

Finally, forget about suing your agent. All this talk about personal responsibility, and you broach the subject of pinning your agent for this loss? In my opinion, that would be tantamount to a homeowner suing you for damage caused by some obscure defect in a tree which you weren't asked to inspect, but which stood next to a tree she asked you to trim.

 

[xander9727]

I have copies of my insurance policies. The lift was behind my dually and I have business insurance not commercial insurance on it. Normally the lift would have been behind a dump or chipper truck. Both of these have commercial insurance. The other truck was down so I was using my dually. My business insurance on my dually has a commercial exclusion as well as a trailer exclusion. My personal liability covers me while performing the listed procedures. There is a clause that items not listed are not covered. Transporting items with my vehicle is not listed and they will not cover it. My new agent set up a rental rider that covers me while renting equipment. The rental company doesn't even offer rental insurance. The back of their contract states the renter is responsible for all damages as well as all cost that my result from litigation. I didn't come by my decision easily. I really wanted to find a loop hole that would provide coverage. Unfortunately unless I sacrafice my integrity I have to take this in the shorts. This has been a very painful learning experience for me. I've shared this so that none of you will have to learn the same lesson.