Trailer damage help

[Equestrian1987]

Hi everyone,

Another issue we have found ourselves in…..

Paid a friend to transport our horse to a new yard. Fuel money etc £50 I think it was.

On arrival noticed damage to side of the trailer.
On inspection the rear bar had pulled through the wood. Backwards towards the rear loading door of that makes sense. Noticed panel was soaked around the connection point for the rear bar bracket, and was rotten though, hence tearing as opposed to other damage that might have happened? Or not if was solid.

Pointed out to trailer owner, and showed panel was rotten. She said she was surprised when it didn’t go in for inspection that they missed it, inspection was March, move was July. We said we would contribute to the repair as felt the right thing to do as a friend.
We mentioned when talking in messages we would send half when we get the invoice.

Heard nothing for 3 months.
Got the bill and paid half this week.

Had a message back saying she won’t accept half and we need to pay for the full panel and fitting, panel not rotten etc.

From our point of view the panel was rotten. Multiple people saw it and commented including her. Paying half as a good will gesture would be satisfactory.
After all if her horse was next in the panel would tear on her horse…. Just happened to be ours.

What do people think??? Are we out of order paying half?

 

[Equestrian1987]

Just to add we had a good relationship beforehand and don’t want to damage it but also feel we’re being taken advantage off

 

[eggs]

Do you have photos of the damage that would show that it was rotten? When you pointed it out to your friend did she agree that it was rotten? Did you horse travel well when you friend was moving him/her? It doesn't sound as though she came back to your text offer to pay half to say that you should pay the full amount. Offering to pay half was a generous offer (assuming that your horse didn't actually cause the damage).

It is a tricky one as it is a friend. If it wasn't too much to pay the extra half it could be worth doing just to keep the friendship.

There is a place near me that hires out trailers at £60 per day.

 

[Tiddlypom]

‘Neither a borrower nor a lender be’

Sorry, OP, but this is just why I never lend out my stuff any more, with my trailer and my clippers being the items most likely to be returned damaged.

Pay up if you value the friendship and in future hire or rent transport commercially, not from friends.

 

[Equestrian1987]

Do you have photos of the damage that would show that it was rotten? When you pointed it out to your friend did she agree that it was rotten? Did you horse travel well when you friend was moving him/her? It doesn't sound as though she came back to your text offer to pay half to say that you should pay the full amount. Offering to pay half was a generous offer (assuming that your horse didn't actually cause the damage).

It is a tricky one as it is a friend. If it wasn't too much to pay the extra half it could be worth doing just to keep the friendship.

There is a place near me that hires out trailers at £60 per d

We didnt take a picture, we should have, we just trusted we were all on the same page.

Relationship won’t be salvaged after this, I dont want to say to much but people show another side when money is involved.

 

[Equestrian1987]

‘Neither a borrower nor a lender be’

Sorry, OP, but this is just why I never lend out my stuff any more, with my trailer and my clippers being the items most likely to be returned damaged.

Pay up if you value the friendship and in future hire or rent transport commercially, not from friends.

Brought our own trailer now,
Thanks for the reply

 

[fidleyspromise]

Paying half was a kind gesture especially as it doesn't sound like your horse caused the damage but it happened due to the wood/wet.

 

[Amymay Again]

I wouldn't pay a penny.

 

[PinkvSantaboots]

It sounds like it was damage due to wear not something your horse did so I think they are lucky you paid half.

I wouldn't be paying anymore.

 

[TPO]

Regardless of if the panels were rotten or not, the damage only occurred because you were using the trailer to transport your horse. That damage wouldn't have occurred if the trailer had remained parked up.

The panels possibly being rotten is a sticking point for sure but 1) you used and damaged the trailer 2) the onus was on you to check that the trailer for fit for purpose before use. If the panels were that rotten you're lucky that what happened was the only thing that happened. It could have ended at a lot worse. If it had rotten wooden panels then how safe was the floor??

As tough as it is, when you borrow you're responsible for any damage that occurs during that time/use. The bill is 100% yours. I don't believe you can push back about rotten panels, thebtrsiler should have been returned in the same condition that it was borrowed in.

 

[Equestrian1987]

Regardless of if the panels were rotten or not, the damage only occurred because you were using the trailer to transport your horse. That damage wouldn't have occurred if the trailer had remained parked up.

The panels possibly being rotten is a sticking point for sure but 1) you used and damaged the trailer 2) the onus was on you to check that the trailer for fit for purpose before use. If the panels were that rotten you're lucky that what happened was the only thing that happened. It could have ended at a lot worse. If it had rotten wooden panels then how safe was the floor??

As tough as it is, when you borrow you're responsible for any damage that occurs during that time/use. The bill is 100% yours. I don't believe you can push back about rotten panels, thebtrsiler should have been returned in the same condition that it was borrowed in.

Just to clarify, she drive the trailer on her car, we didn’t borrow it, she did the move.

 

[TPO]

Just to clarify, she drive the trailer on her car, we didn’t borrow it, she did the move.

You used it and her to move your horse. She allowed you the use of her trailer, you put your horse in it. Any damage during the time it was in use by you [& your horse] you are liable.

 

[Equestrian1987]

You used it and her to move your horse. She allowed you the use of her trailer, you put your horse in it. Any damage during the time it was in use by you [& your horse] you are liable.

Ok thanks for your opinion

 

[Peglo]

I would screenshot the messages where you said you’d pay half and they agreed to that and then send the screenshot to them. They were happy for you to pay half before, it’s crap they want to change their mind now

 

[Equestrian1987]

I would screenshot the messages where you said you’d pay half and they agreed to that and then send it to them. I think it was very generous of you to offer to pay half if it was rotten and would’ve broken anyway. Such a shame when friends do this kinda thing.

Yes we did this this evening…… now being threaten d with the smalls claim court and also an additional invoice that’s been screenshotted over a text message. I think I’m going to let this go to court, at least paying half shows we tried to be understanding maybe and settle it…… oh well it’s a shame but that’s life

 

[94lunagem]

I wouldn't pay a penny.

It sounds like it was damage due to wear not something your horse did so I think they are lucky you paid half.

I wouldn't be paying anymore.

I agree with these comments. I believe it is the drivers responsibility to ensure the vehicle and trailer is roadworthy and safe.

I’m not sure I can quite picture the damage you describe, but if rotten presumably the damage would have occurred on the trailers next outing anyway i.e. with her own horse in it.

Assuming your horse travelled quietly I think they’re lucky you’ve paid half. Different matter if it had been kicked to death!

Use this as a moral of the story for your own trailer, don’t lend and don’t give lifts!

 

[rabatsa]

I would ask her about her insurance. Is the car social domestic and leisure? Having a paying passenger is hire and reward, so she may have been driving uninsured as well.

 

[Ditchjumper2]

If she was taking money for transporting your horse you argue it is hire and reward for which her car and trailer would not be insured for.

 

[Ditchjumper2]

Snap @rabatsa.

 

[Time for Tea]

The owner of the trailer is not absolved from any responsibility for the condition of her equipment. You accepted her transport offer in good faith.

 

[94lunagem]

Thinking on this further, you didn’t technically borrow it. The trailer was in her possession and under her control at all times.

 

[Equestrian1987]

I agree with these comments. I believe it is the drivers responsibility to ensure the vehicle and trailer is roadworthy and safe.

I’m not sure I can quite picture the damage you describe, but if rotten presumably the damage would have occurred on the trailers next outing anyway i.e. with her own horse in it.

Assuming your horse travelled quietly I think they’re lucky you’ve paid half. Different matter if it had been kicked to death!

Use this as a moral of the story for your own trailer, don’t lend and don’t give lifts!

I think the best way I can describe the damage is imagine bolts tearing through the vinyl outer layer of a board. The wood was mush inside, so there was no integrity.

 

[ihatework]

If the panel was rotten then half sounds more than fair to me (had it been my trailer and if it really was rotten, I wouldn’t have expected payment). That said £50 for their time, trailer and car use, is silly cheap and therefore if I had been in your shoes I’d definitely have offered up more £ to help cover some of the damage irrespective.

(That’s ignoring the insurance issue, which is a valid one…)

 

[Bonnie Allie]

Just pay it. It happened on your watch. Pay it and move on.

Your learning is from here on in use a commercial provider or buy and maintain your own transport to the standard you are comfortable with.

 

[Abacus]

Disagree with most of the comments here. It's her trailer to maintain and she was driving. Unless your horse put a foot through it and did specific damage on that day, you aren't liable. In a way it's a shame you did a very nice thing and offered half, it might have made her think that you could be liable. Do you have photos of the rotten panel?

Without wishing to derail this thread, I recently had an accident after having my ramp redone - it came down when travelling, on the first use after the repairs. And my friend's horse fell out*. Following the same logic as those that say you should pay for the damage you didn't cause, should I have blamed her as her horse was closest to the ramp?

* miraculously no harm done - incredibly lucky.

 

[HopOnTrot]

I think you’ve been very fair.

I lent my trailer to someone, not to travel but just to try a tricky loader, horse went up and came down on the ramp. Horse was fine, large dent in ramp.

I paid for all of it to be fixed, it’s my trailer and it clearly had a weak point which could have happened at any time, her horse is bigger than mine (although a perfectly normal size, she wasn’t loading a Shire horse!) which is what expedited the damage.

She felt bad she had damaged it and I felt that it could have potentially damaged her horse.

Trailer has a new ramp and everyone is happy.

 

[Boulty]

If you’re not bothered about salvaging the friendship I’d ignore her threats. If she’s only charged you “fuel money“ it’s highly unlikely she’s properly insured for hire & reward which means she’s acted illegally by accepting money to transport the horse. Would expect if she attempted to pursue through small claims court that would not be looked on favourably.

I think offering half was more than fair & not something you needed to do if it was a wear & tear / maintenance issue rather than damage caused by horse.

I’ve had a (horsebox) inspection miss a rotten floor so I’d say definitely possible for these things to be missed during servicing

 

[southerncomfort]

The only thing I would say about letting it go to court, is that you have no proof that the trailer was rotten.

Letting it go to court might be a bit of a risk.

 

[webble]

Probably a GDPR issue but is it worth speaking with the people that did the repair if it gets as far as court? Or did any other friends see the rot or take photos?

 

[Equestrian1987]

Probably a GDPR issue but is it worth speaking with the people that did the repair if it gets as far as court? Or did any other friends see the rot or take photos?

yes, 2 other people so we have witnesses,