Bulldozer Damage Liability Dispute

Summary

The user rented a bulldozer which was damaged by an operator he hired. The operator admitted fault for the damages caused by incorrect fueling. The insurance purchased from the rental company only covered crash damages, not the fuel damages. The user has paid the rental company for the damages, which amounted to $16,656.10. The user is seeking to recover this amount from the operator. The user is located in Kentucky, where verbal contracts can be legally binding. The operators written admission of fault could potentially be used as evidence in a small claims court.

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I hired someone to operate a bulldozer that i rented to clear some property and he damaged the dozer by crashing it and he put diesel fuel in the wrong tank causing more damage the insurance i purchased from rental covered the crash but not the fuel damages wich costs me over * not sure what i can do
Did you have a written contract with the operator detailing their responsibilities and liabilities in case of damage?
No he was a friend of my brothers and i never dreamed that this could've happened but here i am
What state are you located in? This will help me provide the most accurate information regarding your legal options.
Kentucky
Did you discuss any form of verbal agreement regarding liabilities before he started the work? In Kentucky, verbal contracts can be legally binding.
No hes retired operator
Did the operator admit fault for the damages caused by the incorrect fueling?
Yes i have in writing
What exactly does the written admission of fault state? In Kentucky, this could potentially be used as evidence in a small claims court.
Says he mistakenly put the fuel in the wrong tank that he never operated a new dozer before
What is the exact wording of the written admission of fault? This could be crucial in determining liability. In Kentucky, small claims court handles cases up to $*,*.
I was running dozer on a very steep and wet Hill. I was pushing the trees to where I could get up above them when I went back up the dozer I must have slid and ran over some of the downtries all of a sudden. The doors were slithered around and hit one of the trees behind me. That I didn't see I got those are off away from the bigger tree. It was bad slick and steep. Then I got dozer up the Hill and started pushing my row down. I had randos or ate the night. * hours before the doves were started, acting like it was losing power and red light started blinking. I decided to bring the doors down to the bottom of the Hill and feel what up I had never ran a dozer that had * tanks on it I looked at the doors and put about a gallon of fuel in the tank. I had Jamie called the place where he ran at the doors or from. And they told that the fuel went and the tank with the black lid so we filled dozer up and I went back to work. I noticed the red light still coming on. And the doors were started trying to shut off. I brought those or * to the bottom of the. Bill, and that's when **** called the rental place. And they told him let the doors set about * minutes, and it would Regent itself.
Did you discuss the damages with the operator and if yes, what was his response?
He said the insurance should have covered all damages and he had no money
What is the name and location of the rental company you rented the bulldozer from?
Dane fett, LLC rental *. Frank, England lane Taswell, Tennessee.
What is the exact amount that the rental company is charging you for the damages caused by the incorrect fueling?
*.* for damages
What is the exact breakdown of the damages cost provided by the rental company?
That was what total was for
What was the response of the rental company when you informed them about the operator's mistake with the fuel?
He never said anything until the dozer wasn't running properly and they sent out a mechanic
What did the mechanic's report say about the cause of the damage?
Diesel fuel in the Def tank and he said it had to be taken back to the caterpillar shop for repairs
What was the response of the rental company after receiving the mechanic's report?
They told me they would try to get the insurance to cover all repairs but they only covered the crash damages
What was the response of the insurance company when you informed them about the damages caused by incorrect fueling?
The rental Sent me email from the insurance that they was not covered for the fuel damages
What is the exact wording of the insurance policy you purchased from the rental company?
Says please provide me with rental damage. Waver I understand that I am responsible for the first $* per occurrence for Ellsworth loss and damage to the rent of equipment during the term of the rental agreement and give Dang fat arthritization. The charge my card on file and then down below. It says any repairs done to the rent of equipment by the customers or its representatives becomes the responsibility of the customer for required repair work to be completed by dainfa LLC to fix those repairs.
What steps have you taken so far to resolve this issue with the operator and the rental company?
I have paid all damages info to the rental company and the operator when I asked him about if he was going to do anything, he told me he had no money
What was the response of the rental company after you paid for the damages?
They told me sorry that it happened to me and that was pretty much yet
What is the exact wording of the written admission of fault from the operator?
That was what I had already sent you
What is the exact amount you are seeking to recover from the operator?
Sixteen thousand six fifty six ten
What evidence do you have of the operator's admission of fault?
I have his rep in statement
What is the exact wording of the operator's statement admitting fault?
Said he added one gallon of fuel in the tank
What is the exact wording of the operator's written statement admitting fault for adding diesel fuel in the wrong tank?
I looked on the dozer and I put about one gallon a fuel in the death tank
What is the name and contact details of the insurance company that covered the crash damages?
Amtrak north america
What is the policy number and the contact details of your insurance representative at Amtrak North America?
Mark auerback *-*-* claim# *-1Dane fettllc
What is the exact wording of the insurance policy regarding damages caused by incorrect fueling?
Is there a way I can send you an email of it
Sure, you can send the email to support@freelawchat.com. Please include your name and case details in the subject line for easy reference.