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LizzieE 07-26-2012 10:26 PM

Trailer Use Contract!
 
I posted another thread about a girl I will be moving in with and boarding with in the near future. I have a trailer and she does not. She seems to think she will be using it all the time, like what's mine is hers. I do not feel that is the case. I will not go so far as to say she can never use it, though I would like to have my butt covered if/when she does. I would like to charge a baseline fee for each time she uses the trailer, and I would also like to have a written agreement stating that she will pay for any damages incurred while she is using the trailer. Can I just write up a contract myself? Or do I have to have a lawyer do it for it to be legally binding? Also, does anyone know how this would work with insurance?

Palomine 07-27-2012 09:31 PM

This isn't going to end well, I can already tell that.

Who has the truck? Both of you?

Prepare for your trailer to be used freely, as even with contract? Doubt that is going to do much good.

And I doubt your insurance agent will be happy about this, as if her horses get hurt? She might claim your trailer was faulty?

I don't know, but I don't think this whole thing is going to work well.

You could put a trailer lock on it maybe?

Joe4d 07-27-2012 10:53 PM

dont loan something to someone that doesnt have the cash on hand to replace it if it gets damaged. Its one thing to loose something or the money you have. But when you talk vehicles on a road with lawyers attached them you can not only loose you money but all the money you will have in the future.
Just say sorry but you're not willing to assume the liability.

gunslinger 07-28-2012 05:34 AM

Joe is right. She gets in a wreck, and not only her, but now you, are potentially libel.

I was involved in a wreck a few years back. Luckily I had $500,000 in coverage.

5 cars involved, 4 drivers, and the owner of a car driven by one of the people involved were sued.

If you loan your vehicle, or in this case, your trailer, you assume the risk.

Talk with your insurance provider and see what they tell you.

Joe4d 07-28-2012 06:50 AM

that is correct. If I borrow your trailer, and I sideswipe someone going down the road, guess who gets to pay the bill ? Yep the owner of the trailer. Guess what happens to your insurance rates for the next 7 years or so. Yep they go through the roof for an accident that wasnt your fault. No way I would ever let another person drive my vehicle or trailer.

Nitefeatherz 07-28-2012 09:15 PM

If you were the one doing the driving I could see it possibly happening- but in terms of her borrowing your trailer I would just find a way to say no.

The risks are too high- even if she drives perfectly (which no one ever does) you stand to take a financial hit if she ever gets into an accident caused by someone else. That's your vehicle/trailer damaged, your insurance rates which will go up for years until they clear your record.

If she does want to borrow the trailer make sure you are either driving with her reimbursing you for time/gas/expenses- or that your insurance is ok with you "renting" her the trailer.

Does the trailer have locks? The one woman who managed a barn kept people from "borrowing" her trailer by just keeping it locked. No one could get in it- so they couldn't use it.

DancingArabian 07-28-2012 10:12 PM

Walmart sells trailer hitch locks for uner $30.

Just saying..

:)

wyominggrandma 07-29-2012 10:42 AM

We learned to never loan or borrow our vehicles or trailers... The person you loan it to never takes care of your stuff like you do. It always comes back with something broken and "oh, I will pay to fix it" and never does.
Who pays for blown tires? If the trailer gets damaged at a show or left alongside the road because the tire blew out, you will be the one paying for it.
As everyone else said, you will be responsible if the person borrowing the trailer wrecks it, and for whatever damage she causes.
I would not make your trailer available to your roommate, she needs her own trailer. If she can't afford one, too bad.
Would you let her or someone else borrow your horse whenever they wanted because "a friend wants to ride also?...Probably not. Your trailer is the same thing.
Borrowing once or twice to be nice will end up being all the time, and you will go out to get your trailer to haul your horse and it will be gone.Also, think about if she is gone with your trailer, her truck breaks down and she lets someone else tow it? If you let her use your trailer, you will find you have no control over it once it is out of your sight and who knows what happens then.
We let someone borrow one of our 4 wheelers once. Almost brand new, a good friend. They used it, then loaded it on the trailer and did not tie it down. Dumped it off the trailer going down the road. We ended up paying for the damage to fix it, they refused to pay, losing a good friendship and learning a valuable lesson.
DON"T DO IT...

churumbeque 07-29-2012 02:49 PM

I know someone who lent her trailer out. Their ball was too small. They drove about 15miles and the trailer came off. They ended up ruining a tire and maybe a fender or wheel I can't remember. The people who borrowed it didn't feel responsible because they said she should have noticed the ball was wrong when hitcjing it up. I would never loan something like that out unless they had the honor and money to pay to fix it. What if the horse does a bit of damage?
It is still usable but not as pretty. People won't think twice about it.

Saskia 07-30-2012 06:59 AM

Perhaps I have a different view, but I don't think it so bad to lend things.

I've borrowed a trailer a few times from a friend who is always more than happy to lend it to me. In return, I make sure it's clean coming back and always buy them a box of chocolates or something.

I've also borrowed a car and trailer from someone, also with no problems.

It's such a luxury to be able to own a trailer and a car capable of towing it, to have those spare thousands every year is wonderful.

One day I'll be able to buy my own, and I'll lend it to people then too.

I get that bad things can happen and that not all people are honest but where has the whole idea of just "being nice" gone? Nobody has to share anything they have, but it sure is nice to be able to let a friend stay over when they have nowhere else, or share your dinner when they're broke, or to volunteer somewhere, or to give lifts to someone when they really need it.

Comprehensive insurance covers your property and anyone else's property with a relatively small "claim amount" regardless of who's driving.

I wouldn't want to lend it every weekend, and make it clear that is not the arrangement, but I think to just no lend things to anyone is a little rough.

If you can't trust who with a trailer how do you trust her with all your belongings in your house?


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