Difficult decision about cost sharing of damage to my mechanic's truck...

sowester

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May 18, 2013
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I have a conundrum with respect to my boat mechanic of many years. This spring, he was towing my boat and trailer from the storage area to his shop (about 10 miles away) for spring servicing, as he has done yearly for many years. On this particular run, while travelling down the highway, he hit a dip in the road which caused the hitch to pop off the ball. Fortunately, the chains held and he was able to gain control and come to a stop on the side of the highway. However, in the process, the front of my trailer came forward and placed a deep 2 - 3 foot dent and scratch across the tailgate of his truck (and of course, this happens to be a brand new Sierra GMC extended cab). Anyhow, he claims that my coupler is the culprit and has asked me to split the cost of his truck repair (so half of about $1600). I had a look at the old coupler, and although it is rusty, it appears the latch and nut adjusting mechanism are intact and functioning. My gut is telling me that he popped the hitch on, latched it down and took off without checking that the adjusting nut was snug enough.

I'm thinking to myself, i'm paying a professional fellow to do a regular servicing job.... is he doing his due diligence if he hitches up to my trailer, and then doesn't check to see if the ball and hitch are adjusted properly??? I just don't know how to handle this one...

Should I just take my lumps and pay half the cost of his truck repair? Or should i tell him that it's his responsibility, as it is part of the ongoing risk he assumes in the conduct of his business?

David
 

GA_Boater

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Did you pay him to tow the ten miles?
Did he have the right size ball for the coupler?
Did he close the coupler latch on the ball?
Does he have insurance?
Did you hook up the trailer?
Does he think you are gullible?

IMHO
 

MTboatguy

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My insurance company would not even consider a claim of that nature, they would simply say, you (the driver) hooked it up and the safety of that two set up is the responsibility of the driver towing the vehicle, same way are state law looks at it, if an injury accident happened in this type of instance.

That said, however it turns out, probably not going to make anyone happy in the end.
 

sowester

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May 18, 2013
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Questions:
Did you pay him to tow the ten miles?
Yes, he charges $140 for hookup and haulage to and from his shop, in the spring, and again in the fall for servicing. My total service bill typically runs from $300-400 anywhere up to $1200 to 1400, depending on the number of things that need to be looked after. tune ups, oil changes, compounding hull, anti fouling paint, outdrive bellows, etc. If it is just a basic visit with tuneup, filters, and compounding, then it will run around $300, (which includes the transport fee)

Did he have the right size ball for the coupler?
yes correct size. that was the first thing i had a peek at when we were looking at the damage.

Did he close the coupler latch on the ball?
I would assume so, but of course there would be no way for me to verify that after the fact. He did manage to make it about half way there before it happened, if that says anything...

Does he have insurance?
Yes, he has full coverage, but this has been one of "those years" for him. 30 years with no claims, and then he went south to Florida and had two claims within about 3 months. Then after he came home, this happened...

Did you hook up the trailer?
No, I have no part in any of this. I make arrangements with him to do the work, he comes and gets it, and delivers it back once the work is completed.

Does he think you are gullible?
Well im a nice guy, and believe in playing fairly. As to whether he thinks of me as gullible, i cant really answer that one.

We are in a market where boat mechanics are not plentiful, so im taking that into consideration as well... The reason im even thinking about this stuff, is that even with my limited experience hauling trailers, I always reef on the hitch to make sure there isn't too much play in the ball and socket. did he forget to do that? I don't know...
 

rogerwa

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Hook the trailer up to a ball, use the the jack stand and crank it up. If the coupler doesn't come off in my view he didn't connect it correctly. If it slips off then you owe him.. That how I would see it..
 

poconojoe

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I'd say time to find a new mechanic. Sounds like he screwed up and wants you to pay for it. He should take responsibility. Even if your equipment failed, he as a mechanic should have given it the once over. If there was something amiss, he should have seen it, if not, shame on him. That's why you are paying him. For his expertise. His insurance should pay for it or he must eat it. Part of having a business.
 

Jeep Man

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If I hook up to my trailer, your trailer, or anyone's trailer it is my responsibility and my responsibility alone to ensure I have done it properly and safely. It is my responsibility to ensure that the equipment is legal and safe. If there was any question about the condition of your coupler, it should be the responsibility of the mechanic to inform you and recommend repairs before he tows it.
 

GA_Boater

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Hook the trailer up to a ball, use the the jack stand and crank it up. If the coupler doesn't come off in my view he didn't connect it correctly. If it slips off then you owe him.. That how I would see it..

If the coupler comes off the ball and it's correctly connected, how is it on the OP? That's a part of trailer hook-up and if the boat mech. didn't do it and he's charging 140 bucks to take the boat to his shop - :confused: A pro in the business has to treat every customer trailer as an unknown and must ensure the trailer is safe and the boat is well secured. That's what he's charging for, including his business insurance. Also if he doesn't feel the trailer can be towed safely, he calls you and turns down the job until the trailer is repaired.

This is 100% on the boat mechanic. Again in my opinion.
 

Brian 26

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Aug 14, 2013
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Questions:
Did you pay him to tow the ten miles?
Yes, he charges $140 for hookup and haulage to and from his shop....

I think that answers it right there, part of that $140 pays for insurance and wear/tear on the truck. If he was hauling it for you free of charge as a favor then it is more of a gray area.

Rogers idea of testing the coupler is a good one, if tested to be working this could salvage your relationship with your mechanic.
 

southkogs

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Was he alone, or does he have documentation and proof that the trailer was properly coupled to the truck? Did anyone else witness the incident? What proof has been presented to show you that your boat was the cause of the damage to his truck? And what confirmation is there that his negligence, ignorance or accident didn't damage your trailer or boat?

A professional charged you a fee to move your property using his equipment ... IMHO, he assumes responsibility at pick up and that risk is a portion of his cost of doing business. As someone mentioned above: that's what the $140 should be for (with some profit, sure).

It sounds kinda' stinky to me.

If you want to preserve the relationship, I can understand that. But I would probably document damage that may have been from the incident and look at deducting the cost of repairing those things from the $800 he wants from you.
 

JoshOnt

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Aug 12, 2013
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As mentioned testing it would be a good idea. You did pay him so any damaged that occur are on him since he should not tow if anything is unsafe or illegal. I don't think you should pay but the real question is more of do you think it is worth that to keep a good relationship with him.
 

littlerayray

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My two cents is the driver is responsible for the load.
Whether he owns it or not
 

GA_Boater

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The heck with keeping a good relationship with the guy. How much food have you put on his table with years of paying him for work? Has he invited you to dinner? And now he wants you to share because he messed up?

Learn how to do the work yourself!
 

poconojoe

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You know this guy better than we do. Do you feel the work that he has done in the past rates him as a good mechanic? Or is he the "only game in town" as you might have suggested? Maybe he just messed up. No one is perfect. But I think he shouldn't have even mentioned it to you. No matter what, he is responsible. Again, as others have said, in his fees he has overhead such as insurance, wear and tear on his truck (even if the truck is brand new) and of course profit. There should be no blame on you...but you have to make the call.
 

poconojoe

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I ALWAYS check my coupler. EVERY TIME I hitch up my boat. I mean EVERY TIME! I lock it in and use the trailer Jack to test it. And it's my trailer that I'm familiar with, but I do it every time. And my boat is not in a slip, I trailer it all summer.
 

tpenfield

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He who touched it last is responsible. Even if the hitch was not working properly, he should have known that it was not right by checking it before he hit the road.

It is the mechanic's issue not yours.
 

Limited-Time

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"Did you pay him to tow the ten miles?
Yes, he charges $140 for hookup and haulage to and from his shop, in the spring, and again in the fall for servicing."


That right there says it all. You paid for his services he's as responsible as a transport driver would be. If a new car falls off a transport truck and damages the truck do you think the dealer receiving the car pays for the damages???
 

nwcove

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im with the majority here, no fault of the op. the hauler is responsible to make sure what he/she is hauling is safe to haul and secured properly.
 

thumpar

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I wouldn't pay a dime. You have a reasonable assumption that he would know how to make sure everything is correct since he is the pro. If I was to spend that much money it would go to a lawyer before it goes to the mechanic. You could sue for damage to the trailer.
 

aspeck

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If it was a friend moving your boat for you as a favor, for free ... then the right thing to do would be to step up to the plate, but this is a business who pays insurance for things like this. He was getting compensated. He was assuming responsibility. It is his baby to pay.

We had a family business (new car dealership) for 42 years. Over the course of those years there were a few accidents that happened. All kinds of reasons, and some COULD have been attributed to the vehicle owner. However, there was never one time that was ever insinuated. It happened under our watch, it was our responsibility, we apologized and ate the bill, and often did other things to make up for any inconvenience the vehicle owner might have experienced. That is the right thing to do. If this guy is pulling things like this, I would be looking for a different mechanic. I do not think I could trust him.
 
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