komobu
Well-known member
Me and a guy at work have a small dispute and I am just wondering where others would stand on this issue.
A guy in our shop borrowed a Roll Back and a driver to move his Condo-sized Mac Macsimizer Tool Box. He has the biggest tool box ever made and both side cabinets. It is about 6 foot high and 12 foot long! Anyways, the owner of the tow company knew him and didnt charge him for the move. He simply lent him a driver and the truck. The two went off to get the toolbox. The owner of the box hooked up the chains, and the driver was working the controls on the truck. The chains weren't hooked up right, and during the loading of it, it fell off the truck! It damaged all the boxes, both top and bottom, and both side cabinets.
Anyways, the owner of the Tow Company felt no responsibility because he did not contract to move the box. The tool box owner knew he was not paying for the transport, and he was just receiving a favor. The Tow Company Owner did notify his insurance company. The insurance company asked if there was a contract to move the box. (The Tow Owner does move tool boxes as required for payment). The owner told them the truth; that it was just a favor and no dollars changed hands and both parties understood it was a favor.
The insurance company looked at the damage and offered the tool box owner 11,500 for damages he received to his box. They also told him they would sell him the box back for 1000, which he accepted. The insurance company told him the tow truck owner had a 1000 deductible on the policy, so they gave him 9500. They told him he got the damaged box and 9500, so that totals 10500, and he would have to get the last 1000 from the tow truck owner because of the deductible. They also made him sign a statement that he was compensated in full and would not seek a claim against the driver or the tow truck company owner or the insurance company.
Now this guy thinks the owner should have to give him the 1000. The Tow owner feels "Why should I have to come out 1000 dollars out of pocket for doing you a favor? "
1st question...If you were the tool box owner would you expect to be paid the thousand from the tow truck owner? If you were the tow truck owner, would you feel obligated to pay that much money out of your wallet knowing that if the move was completed without incident you wouldn't even have received compensation for fuel?
Now the next side of the issue. The box was made by mac tools and they are sending out a mac district manager who has the authority to completely restore the box at no cost (for customer relations). They can provide the drawer faces and other parts as a courtesy. The box was expensive and he paid 16000 for it ten years ago.
If Mac provides all repairs at no charge, do you think the tool box owner should contact the insurance company and refund to them all or part of the money they paid out on the box? Would he be required by law to notify them?
I realize this is a long post, but I am interested what others think on the issue. After some responses I will post my thoughts. I am none of the parties in this incident, just an observer who works in the shop.
A guy in our shop borrowed a Roll Back and a driver to move his Condo-sized Mac Macsimizer Tool Box. He has the biggest tool box ever made and both side cabinets. It is about 6 foot high and 12 foot long! Anyways, the owner of the tow company knew him and didnt charge him for the move. He simply lent him a driver and the truck. The two went off to get the toolbox. The owner of the box hooked up the chains, and the driver was working the controls on the truck. The chains weren't hooked up right, and during the loading of it, it fell off the truck! It damaged all the boxes, both top and bottom, and both side cabinets.
Anyways, the owner of the Tow Company felt no responsibility because he did not contract to move the box. The tool box owner knew he was not paying for the transport, and he was just receiving a favor. The Tow Company Owner did notify his insurance company. The insurance company asked if there was a contract to move the box. (The Tow Owner does move tool boxes as required for payment). The owner told them the truth; that it was just a favor and no dollars changed hands and both parties understood it was a favor.
The insurance company looked at the damage and offered the tool box owner 11,500 for damages he received to his box. They also told him they would sell him the box back for 1000, which he accepted. The insurance company told him the tow truck owner had a 1000 deductible on the policy, so they gave him 9500. They told him he got the damaged box and 9500, so that totals 10500, and he would have to get the last 1000 from the tow truck owner because of the deductible. They also made him sign a statement that he was compensated in full and would not seek a claim against the driver or the tow truck company owner or the insurance company.
Now this guy thinks the owner should have to give him the 1000. The Tow owner feels "Why should I have to come out 1000 dollars out of pocket for doing you a favor? "
1st question...If you were the tool box owner would you expect to be paid the thousand from the tow truck owner? If you were the tow truck owner, would you feel obligated to pay that much money out of your wallet knowing that if the move was completed without incident you wouldn't even have received compensation for fuel?
Now the next side of the issue. The box was made by mac tools and they are sending out a mac district manager who has the authority to completely restore the box at no cost (for customer relations). They can provide the drawer faces and other parts as a courtesy. The box was expensive and he paid 16000 for it ten years ago.
If Mac provides all repairs at no charge, do you think the tool box owner should contact the insurance company and refund to them all or part of the money they paid out on the box? Would he be required by law to notify them?
I realize this is a long post, but I am interested what others think on the issue. After some responses I will post my thoughts. I am none of the parties in this incident, just an observer who works in the shop.
