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Need Legal Advice...Loaning out my 38' enclosed trailer to a friend
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Need Legal Advice...Loaning out my 38' enclosed trailer to a friend
I'm letting a friend borrow my 38' gooseneck enclosed trailer so he can move his household furniture to his new home, about a 400 miles away. He's going to pull it with his truck. Is there any legal aspects of doing this that I need to be aware of? For example, if he causes an accident pulling this thing and injures/kills someone, is there any way at all that I could be held liable, by him or the person he injured? I have a bad feeling that the answer is going to be yes...
__________________ Boatless again...
Key Largo 186CC/Yam 90 - Sold
Pro-Line 20 Walk/175 EFI Merc - Sold
Classic Aquasport 200WA/Evindrude 225 - Sold
Hydra-Sports 2000CC Vector/Honda BF225 - Sold
Hydra-Sports 2200WA Vector/Yam F115's - Sold
Hydra-Sports 2400CC Vector/150 HPDI's - Sold
Dusky 256/Honda BF150's - Sold
Twin Vee 26CC/140 Zukes - Sold
31' Fountain CC Open/Opti 250XS's - Sold
normally,the towing truck has all the liability on it.but the way things are nowaday's who the hell knows.is the trailer titled?if not have a bill of sale wrote up with you being the seller to your friend and you keep it in case something does happen you can use the "I just sold it defense" if nothing happens tear it up when he's done
... For example, if he causes an accident pulling this thing and injurs/kills someone, is there any way at all that I could be held liable, by him or the person he injured? I have a bad feeling that the answer is going to be yes...
This ain't legal advice -- it's brain surgery -- if he is negligent in causing an accident that is the result of the trailer or pulling the trailer you are responsible for providing (loaning) the trailer to a negligent driver. Same thing if you let someone borrow your car -- yours will be the second name on the list of defendants. I'm not sure about an accident that has nothing to do with the trailer, e.g. if he turns the wrong way onto a one-way street and meets another vehicle head-on.
This ain't legal advice -- it's brain surgery -- if he is negligent in causing an accident that is the result of the trailer or pulling the trailer you are responsible for providing (loaning) the trailer to a negligent driver. Same thing if you let someone borrow your car -- yours will be the second name on the list of defendants. I'm not sure about an accident that has nothing to do with the trailer, e.g. if he turns the wrong way onto a one-way street and meets another vehicle head-on.
Like I said - I wouldn't take any of it.
Big Al
__________________ "Pedophiles must die" - Ted Nugent
How do Uhaul/etc avoid this and why can't an individual do it?
They don't avoid it... they insure against it and ask you to insure against as well as having indemnity clauses in the rental contract. And guess what, if they pay a claim they will come after you in subrogation.
Thanks guys, that's the kind of info I was looking for. I honestly don't mind lending the trailer out, just want to cover my butt. The trailer is titled in my name, and legally registered in my name as well. So basically, just draw up a legal bill of sale with my friend and if everything works out okay, just rip it up?
__________________ Boatless again...
Key Largo 186CC/Yam 90 - Sold
Pro-Line 20 Walk/175 EFI Merc - Sold
Classic Aquasport 200WA/Evindrude 225 - Sold
Hydra-Sports 2000CC Vector/Honda BF225 - Sold
Hydra-Sports 2200WA Vector/Yam F115's - Sold
Hydra-Sports 2400CC Vector/150 HPDI's - Sold
Dusky 256/Honda BF150's - Sold
Twin Vee 26CC/140 Zukes - Sold
31' Fountain CC Open/Opti 250XS's - Sold
Thanks guys, that's the kind of info I was looking for. I honestly don't mind lending the trailer out, just want to cover my butt. The trailer is titled in my name, and legally registered in my name as well. So basically, just draw up a legal bill of sale with my friend and if everything works out okay, just rip it up?
a. Call your insurance agent to learn whether you're covered when you loan out your trailer. If the answer is Yes, then:
b. Have your friend list you as "additional Insured" on his policy after he verifies that the trailer would be covered under his policy in case of accidental damage, whether collision or comprehensive.
Don't know whether that could be done, but that's what I'd try to do. If you get listed as the "additional insured", then your friend's insurance company would defend you and settle for you in case of an accident.
__________________ Rick
Alabama's Gulf Coast
Chaparral 240 Signature (Sold)
As far as the one way trailer, I don't know if you can rent one the size that he needs. It sounds like "selling" him the trailer is the best idea to completely free me of liability. I'm thinking notarized, cash exchanged, the whole nine yards. I hate to be this way, but I just can't afford a lawsuit over trying to help out a friend. If he doesn't like it, then he can find another trailer...
__________________ Boatless again...
Key Largo 186CC/Yam 90 - Sold
Pro-Line 20 Walk/175 EFI Merc - Sold
Classic Aquasport 200WA/Evindrude 225 - Sold
Hydra-Sports 2000CC Vector/Honda BF225 - Sold
Hydra-Sports 2200WA Vector/Yam F115's - Sold
Hydra-Sports 2400CC Vector/150 HPDI's - Sold
Dusky 256/Honda BF150's - Sold
Twin Vee 26CC/140 Zukes - Sold
31' Fountain CC Open/Opti 250XS's - Sold
Need Legal Advice...Loaning out my 38' enclosed trailer to a friend 
