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-   -   Need Legal Advice...Loaning out my 38' enclosed trailer to a friend (https://www.thehulltruth.com/dockside-chat/237680-need-legal-advice-loaning-out-my-38-enclosed-trailer-friend.html)

BiloxiGuy 08-03-2009 02:07 PM

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...

tommyr904 08-03-2009 02:30 PM

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

Just1more 08-03-2009 02:40 PM

Make sure he has the trailers registration card!!

Snapper Head 08-03-2009 02:50 PM

Yer asking for legal advice HERE!?!?:grin::grin:

You'll get plenty, but I wouldn't take any of it.


Big Al

Mr. Paul 08-03-2009 03:01 PM

Call me dumb but I would call my insurance company first and my lawyer second.

Eyeball 08-03-2009 03:06 PM


Originally Posted by BiloxiGuy (Post 2443804)

... 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 :grin: -- 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.

Snapper Head 08-03-2009 03:08 PM


Originally Posted by Eyeball (Post 2443952)
This ain't legal advice -- it's brain surgery :grin: -- 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.:Q:grin:


Big Al

Eyeball 08-03-2009 03:12 PM


Originally Posted by Snapper Head (Post 2443954)

Like I said - I wouldn't take any of it.:Q:grin:


Brain surgery, or legal advice? :grin:

Brett1 08-03-2009 03:17 PM

If you own the trailer and it is involved in an accident you will be named in the suit. Believe it!

Snapper Head 08-03-2009 03:28 PM


Originally Posted by Brett1 (Post 2443972)
If you own the trailer and it is involved in an accident you will be named in the suit. Believe it!

Now, THIS guy I would listen to.

He'd be the one filing the suit against you. No shiite.:grin:


Big Al

Snapper Head 08-03-2009 03:28 PM


Originally Posted by Eyeball (Post 2443964)
Brain surgery, or legal advice? :grin:

Well, I can't qualify for brain surgery.......


Big Al

bsmit24 08-03-2009 03:37 PM


Originally Posted by Brett1 (Post 2443972)
If you own the trailer and it is involved in an accident you will be named in the suit. Believe it!

How do Uhaul/etc avoid this and why can't an individual do it?

Brett1 08-03-2009 03:58 PM


Originally Posted by bsmit24 (Post 2444009)
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.

BiloxiGuy 08-03-2009 04:27 PM

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?

Eyeball 08-03-2009 04:33 PM

What is the cost to haul your trail 400 miles out, and then 400 miles back, vs the cost of a one-way rental truck?

tommyr904 08-03-2009 06:06 PM


Originally Posted by BiloxiGuy (Post 2444108)
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?



thats what I did.

bellsisland 08-03-2009 08:27 PM

The cost of a one way trailer can't be much, hell pay it for him and don't worry

Kamper 08-04-2009 04:24 AM


Originally Posted by Snapper Head (Post 2443901)
Yer asking for legal advice HERE!?!?:grin::grin:

You'll get plenty, but I wouldn't take any of it.


Big Al

Big Gay AL isn't as dumb as he looks. Who could be? :jk:


Make sure your friend has insurance, and make sure your insurance covers "guest use" for the trailer. Then wish him luck and hope for the best!

Good luck!

bamaboy473 08-04-2009 04:58 AM

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.

BiloxiGuy 08-04-2009 05:58 AM

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...


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