Buddy wrecked my sled who should pay? It is insured

[Himark]

This seems to happen in our sledding world quite a bit. It just so happens this was being discussed and I felt it is a worthy topic to bring up. Keep in mind there are other sinario's but the one that happened is what is at hand. I also believe the year of sled extent of damages, snow conditions at time can all alter the expectations but like I said lets just look at this one. Background, these guys are all riding buddies.


Sled, 2013 Polaris Pro less than 40 miles on it, time mid January, snow conditions are prevalant to early low snow.


Maiden voyage for this sled, no doubtably a proud day for the new owner. After a good morning of breaking it in they take a rest in a meadow along the tree's. Buddy gets to take it for a test ride in the meadow with the approval of the owner and does a couple of cookies in the meadow. Upon which catch's a rock not seen above snow. Damages are suspension and bent tunnel estimate to repair approx 3500.00.


We can all say..."he should of done or said this or that" but for arguement sakes lets keep all that out of the speculation and just state the facts.

Owner has a new sled damaged and obviously not happy.

Owner gave permission to ride.

Owner has insurance with 500.00 deductible.

Owner does not want to turn into his own insurance in fear of a rate increase and buddy can try to turn into his homeowners if they lie about primary coverage. However, for this arguement lets keep that option out of the loop.



Buddy riding it wants to make it right.


Heres the rub,


A.) should the owner stand firm to the 3500 from his buddy's pocket and not turn it in?

B) Should the owner have the buddy just pay the 500.00 deductible and offer his own sled to him as a subsitute while in the shop if needed?





I know my answer but lets here yours

 

[newmy1]

Rider. Insurance should follow him if he has sled insurance. If not expensive day for the rider.


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[Himark]

ahhahahahaa....I like your "currently" Newmy!

 

[skibreeze]

That's what the insurance is for, end of story.

 

[bearpaw1977]

This is a tough one. My riding buddies and I have a simple rule. You break it you buy it. So i guess my opinion would be that the borrower should take care of it however the owner wants to.

 

[skibreeze]

This is a tough one. My riding buddies and I have a simple rule. You break it you buy it. So i guess my opinion would be that the borrower should take care of it however the owner wants to.

So, if you totalled a new sled, you'd pay 12k when it's insured? I don't believe that for a minute.

 

[Goin For Snow]

if your in good standing with your insurance (not alot of claims or boarderline being dropped) have him pay deductable and claim it.

 

[Hardass]

my rates have never went up when i wrecked and claimed. That said reality is when you let some one ride your sled you are assuming risk at that moment If you can not afford to fix your own sled or cover it with your insurance you should not let any one ride it as it puts them in a bad spot. if the jumped it off a cliff or smashed into a tree make him pay if you can But a hidden object under the snow no one could see well make a claim make him pay the deduct And ask insurance if your rate is going to go up have him cover that if it does . just talk it out with him and come to an agreement.if your actually good friends it will probably work out If your just casual friends good luck. MAKE THE CLAIM.

 

[newmy1]

That's what the insurance is for, end of story.

Riders or owners insurance?


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[newmy1]

This is a tough one. My riding buddies and I have a simple rule. You break it you buy it. So i guess my opinion would be that the borrower should take care of it however the owner wants to.

That is what my Dad taught me. "You wreck it you own it".


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[montanasledhead]

we have a simple rule
gas and belts are expendables not a big deal

anything else and the rider pays period

if its not insured the rider knows and is taking a bigger risk in using the item

if you dont like it stay off other peoples stuff

 

[newmy1]

Don't get me wrong if my buddies insurance would not cover I would take the claim. I sure wouldn't stick a buddy with a 12k bill. I take back that part of my earlier statement. Intended that for lesser damage not totalled.


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[bholmlate]

I say rider pays the deductible and owner pays the difference if premiums goes up and chaulks it up to lesson learned for letting people barrow his stuff. By handing over the keys the owner takes on some risk for the damage as wel in my mind. We all seems to forget that by handing over our rides to someone else there is risk involved.
It obvious the rider was not planning on wrecking his buddies brand new sled but it happened. Sh-t happens!!! and that is what you pay your insurance premiums for. If the owner said no and the buddy hopped on it anyway and wrecked it i would say the rider needs to fork over the 3500.

Since the other options are off the table (ie homeowners etc.) I would say

80% riders fault and 20% owners fault and the deductible is paid by rider or rider pays 3000 and owner pays 500 if he doesnt want to use his insurance.

 

[1Fast68]

Ideally your the buddy would just cough up the 3500, but in the interest of everyone's wallet I don't think that's the best solution. I'd personally lean more towards let him the pay the deductible, and any rate increase incurred if any.

This is why I don't like borrowing stuff.

 

[Rattlin_Ram]

It's never an absolute rule IMHO. I've borrowed things, broke them, fixed them or replaced and returned... I've had things just break while I happened to be borrowing it and never paid for replacement... BUT as a lender you have to also assume the liability of letting some one borrow it, and that IS why it's insured. I've also loaned things out and gotten them back broken or repaired.....

IMHO Borrower should pay deductible just cuz he was on it at the time. Owner should accept any rate increases as his responibility for loaning something out...

That said back in 2004 or so I jumped on a "borrowed" rented Summit REV cuz I had never rode one before. My BIL had rented it for the day and was riding with me in Colorado. I was on it for 5 minutes, on the trail, back to the rental place. Some douche on another rental (short track) Cat comes balls to the wall around a blind corner, slides his sled sideways, and I plow into him. Wrecked the nun on the REV among other things. Long story short (no insurance was offered from rental place) I bought a REV that day.... It was cheaper in the long run than paying outrageous hourly shop rates to repair it and it was towards the end of the season, so they just sold it to me for a fair (unwrecked) price. My BIL felt bad, and tried to get homeowners ins, or something else to cover. But they wouldn't and neither would mine. I only had liability on my sled so no coverage there. I did it cuz I thought it was the right thing to do, and it was MY responsibility since I was riding it. Had there been insurance I would have paid deductible and been done...

 

[PJ-Hunter]

The buddy should settle up with the $500 deductable. You should pay any premium increases that incur. It was your decision to let him ride it, you should take some ownership of the decision.

That being said, my sled is insured. Nobody but me rides it.

 

[Seedie_Man]

I think he should pay the deductible plus the full insurance premium.
If it were his sled that's what it would have cost him.

Steve

 

[WyoRMKowboy]

Is this worth ruining a friendship over? Cause it looks to me like that is where the scenario is headed. Pay the deductible and make it right with both parties.

 

[off road rider]

If it was my sled with a buddy riding it, I would assume responsibility and make the claim.If he chose to pay the 500 great, but I would not hold him under the barrel to do so.
I would not stick it to a friend for something that really wasn't negligent, Now if he was an Idiot than he would at min be paying the 500.. It could have easily been the owner of the sled who hit the rock.Thats the risk ya take

Lesson is don't ride other peoples sleds.and if you loan yours out be prepared for what might happen..

 

[LoudHandle]

My thoughts, insurance or not (I personally have never insured a sled and I'be built numerous thirty grand plus rides and most of them were twenty years ago). If I can't afford to replace it, I don't ride it! If someone wants to take my sled for a rip, they assume the same deal. One can not play without expecting to pay! No free-bees period.

If damage occurs and insurance is available, that is between the affected parties to hash out.