Help I being Screwed!!

   / Help I being Screwed!!
  • Thread Starter
#52  
Just to clear some stuff up. I had the rental for 1 hour when I began to use the BH. I used it for less than 1-2 min and it broke. I did not abuse it. I had a project I needed to finish and had limited time off work. The rental place encouraged me to continue to use the FEL to finish my job. I ended up returning the tractor after using it for most of the day.

No one is disputing how long I used the BH. Just how it was broken.

I have a claim into my homeowners and he has one into his rental insurance company.

I know the damages are large so far, at least over $500 in labor already and that was before cylinder was sent out.

I will keep you all posted and thanks for the kind words.
 
   / Help I being Screwed!! #53  
$500 in labour for a blown cylinder?? Whose labour? If thats the rental company's im going to say somethings up. Removing and reinstalling a cylinder that size should take under 3 hours. Maybe a little more if you run into problems.

NO WAY i would put this through my insurance.
 
   / Help I being Screwed!! #54  
$500 in labour for a blown cylinder?? Whose labour? If thats the rental company's im going to say somethings up. Removing and reinstalling a cylinder that size should take under 3 hours. Maybe a little more if you run into problems.

NO WAY i would put this through my insurance.

$500 and the cylinder isn't repaired yet? I own a cylinder shop. He could have brought the machine to me and if there were no rod or cylinder bore damage, the whole bill for the entire repair would not have been $500. If you give me machine make and model and cylinder function, I will write you an estimate for repairs.

Andy
 
   / Help I being Screwed!! #55  
You're only being screwed if you allow them to screw you into believing the broken cylinder is your fault.
One of your pics shows parts of the hoe that are clearly showing signs of advanced age, lack of paint or any kind of maintenance.
Tell them to pick it up and move on to a place that will stand behind their equipment.
DO NOT speak to your insurance company about the broken hoe. That will get you a higher premium and will not solve anything.
If they won't pick it up have someone deliver it to their lot during business hours, take a witness and pics of it being delivered back to them, and if necessary call in the local sheriff to assist in the verification of delivery.
Do not argue with them or allow the situation to become heated.
That hoe is a rental piece of junk with an excessive amount of hours and little to no maintenance.
Post back results.
 
   / Help I being Screwed!! #56  
You're only being screwed if you allow them to screw you into believing the broken cylinder is your fault.
One of your pics shows parts of the hoe that are clearly showing signs of advanced age, lack of paint or any kind of maintenance.
Tell them to pick it up and move on to a place that will stand behind their equipment.
DO NOT speak to your insurance company about the broken hoe. That will get you a higher premium and will not solve anything.
If they won't pick it up have someone deliver it to their lot during business hours, take a witness and pics of it being delivered back to them, and if necessary call in the local sheriff to assist in the verification of delivery.
Do not argue with them or allow the situation to become heated.
That hoe is a rental piece of junk with an excessive amount of hours and little to no maintenance.
Post back results.

:eek: agreeing :eek: however nediver as per his post above he already put in a claim in his insurance. Wonder if he can back peddle on that or put on hold? Wayne county seems to believe the same as the rest of us suspected-cant cost that much and a independant hydralic expert would provide a better opinion. it cant break that easily after 2 minutes of use with BH. :(
 
   / Help I being Screwed!! #57  
One to two minutes with a cylinder that size? It had to be ready to crumble when it first moved. The fatique and weakening which lead to the failure had to be present before he used it. Even with abuse, one would have to be very lucky to break it this way in such a short time if the machine was in sound condition

They are chasing him and hounding him because they have intimidated him to co operating in this scam. He needs to see a lawyer.


JPM
 
   / Help I being Screwed!! #58  
My rental place for equipment has mandatory damage insurance. Also includes hail, tornado, wind etc. I recently had a 3" cylinder modified with new machined ends, shortened rod, put in cylinder spacers, new ports, shorted the barrel, grease zerks, holes tapped in the ends for bolts and a custom made plate on one end to hold my flat faced hydraulic outlets. The total cost was $450. Lots of work. However, a different cylinder place in my town would have cost at least 50% more.

Went to pick up my cylinder 2 days ago. It was sitting next to another cylinder that probably had a 12-14" barrel, 8' long and 4" pin ends. My little cylinder was embarrassed.
 
   / Help I being Screwed!! #60  
This seems very simple to me.

You rented machine, it broke, they come and fix machine or bring you another one and you finish your rental use and return machine.

They either owe you money back for hours not used or a free rental for hours not used.

Period, the end.

They either give you money back or make up rental hours or your bring them to court to get your money or rental time.

This is silly.

Joel

I understand what you are saying BUT the rental company could consider that 'abuse' and not normal wear and tear. I would bet abuse is not covered by the contract or possibly not even the damage waiver/insurance that they offer to sell you..

I worked at a large, regional truck rental company and we would have similar things happen that the customer would say 'it broke' and we upon examination we would say 'no, you abused it and broke it and we will have to bill you".. We usually ended up having a third party 'expert' evaluate the breakage and make a call. (for an example - customer calls in saying the truck stopped running. Bring it in, tear down the engine and find out the customer down shifted and instead of going from 5th gear to 4th, actually went into 2nd gear and over sped the engine. ) If it was truly 'wear and tear' we ate the cost, but if it was evaluated and came back abuse we billed. We didnt loose many cases in court if it was ruled abuse..

So with that in mind I would have a third party (someone from the insurance company??) evaluate the breakage and go from there.

Brian
 

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