Backhoe bent rops

legbuh · Aug 10, 2010

Wow.. you'd think the ROPS would destroy that roof, not the other way around!

Either way, they guy's a jerk for not paying no matter how it happened.

Bill Hoffman · Aug 10, 2010

I nipped the corner of my shed roof with the ROPS
on a B7800.:ashamed: Barely scratched the paint and just about took
the roof off.

I'd also check with Kubota, to see if there was
a weakness problem with that particular ROPS.

In any event, the future BIL should have paid for
repairs without even a question. When you borrow,
you're responsible, period.

Bill

CBW1999 · Aug 10, 2010

Still a lot missing from the story.

When you speak to him, do not prompt any answers or give possible solutions. Let him explain in his own words what happened. Keep the same thing in mind about dealing with a used car salesman- "He who speaks first, loses" .

Here are several things I would consider doing to help resolve the situation.

First, be clear that you are documenting everything for insurance purposes and that this will protect both of you. Ask him for a CD copy of the security cameras for the entire time frame he had the tractor at his place.

Ask him to do a "walk through" of what he was doing when the accident happened, Make sure you are able to take video while he is doing this. Ask him to be very specific about loader position, if the backhoe was attached, load in the bucket.

Ask him to describe the event doing a "walk around" your tractor. Have him be specific and show/point to specific areas. Ask him to set the tractor the way it was on impact (minus the impact) Bucket position etc.

Take more pictures of the area he was using it in, Measure height of overhangs on the woodshed and other dimensions. also take pictures of the areas your sister said he had problems in. Try to use a height reference (six foot step ladder) to provide scale.

Take additional pictures of your tractor with the same height reference next to it. This will provide the same scale when comparing the two.

You should also gather any pictures of your tractor from BEFORE this accident. Also, if you had it at the dealer/repair shop recently, any documentation that shows the ROPS was not damaged would be helpful.

Doing these things does not have to take a whole lot of time...but is worth the time invested. Be casual about it, the less stress, the better for both of you.

I would ask him to file a claim with his homeowners Insurance. I would think that there is a part that covers damage to others property. I looked at my home owners policy and that falls under the similar section that covers if someone gets hurt on your property.

If he is not agreeable, than small claims would be your best bet. In Vermont it is around 40 or 50 dollars to file. Sometimes just getting the letter in the mail will prompt someone to resolve the issue without having to go to court.

Again, I understand how uncomfortable this is given his relationship with your sister. No matter how he responds to any of this, keep a smile on your face. This entire situation will allow him to show his true colors - and you will always be remembered for how you acted during this time.

Best of Luck!:thumbsup:

rjkobbeman · Aug 10, 2010

Although I am interested in what actually happened, I wouldn't get bogged down in details for small claims.

All that is really needed is:

What was the condition of the tractor just prior to you loaning it

-and-

What was the condition of the tractor when you got it back

How this guy thinks he should not pay is beyond me...

beenthere · Aug 10, 2010

I would rather doubt that small claims court would hold up your side of the disagreement. You loaned the tractor to him, and if he isn't man enough to pay then it will be up to you to fix it. And would assume the deductible on your home insurance would be close to the cost of fixing.

But still wish you well.

hawkeye08 · Aug 10, 2010

Sorry for you troubles, this is exactly why I don't loan my stuff as a general rule. My BIL just up the road wanted to go in together and get a small tractor 15 years ago, we declined. He wanted to buy a car trailer together, we declined. His car trailer looks like a piece of junk, I would not haul anything on it. He abuses his stuff and really abuses stuff he borrows. Some folks are just that way. We were very fortunate to suspect this before we got into partnership with him....

I have used stuff and I take pretty good care of it. I could not afford to fix someone else's damage, and may not be able to afford my own at times.

gotta admit, it sounds like they had a drunken party playing on your tractor, taking out sections of fence, running into things.

Good luck, hope it turns out ok.

KennyV · Aug 10, 2010

beenthere said:
Am wondering if just the lower section of the ROPS can be purchased? And put on by the OP or sis's BF, rather than the outrageous $175/hour dealer charge. Haven't heard a rate like that.

This is a good resolution... There is no need to replace the top if it is not damaged... the bottom pieces have to cost less than the whole assembly.

AND I would definitely do the labor myself, and might even ask the boyfriend to help. (this is not precision work) I can not imagine anything a tractor service shop could do to justify $175 an hour rate...
And they are wanting to charge you that rate to LOOK at the job, you need a new dealership.

The actual event that caused it may never be known. Good luck, post back with what works out... KennyV

TalonDancer · Aug 10, 2010

It's really a shame the ROPS was on your BX23 that day. From what I've read, your sister's boy friend could use a glancing blow to the head with a wood shed.

OBTW I'm pretty sure a jury of your peers (AKA TBN members) would rule it justifiable homicide. And even in the worst case, one of us would take really good care of your tractor until you got parole

Talon Dancer

DiezNutz · Aug 10, 2010

TalonDancer said:
It's really a shame the ROPS was on your BX23 that day. From what I've read, your sister's boy friend could use a glancing blow to the head with a wood shed.

OBTW I'm pretty sure a jury of your peers (AKA TBM members) would rule it justifiable homicide. And even in the worst case, one of us would take really good care of your tractor until you got parole
Talon Dancer

That's kind of excessive don't you think? I mean, there's no need for violence.

Simple castration with a pair of rusty lineman's pliers should suffice... and may even provide a tidy solution to that whole future-BIL dilemma. :thumbsup: