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Who Pays for Trail Damage?


McClurgM
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Hello All -

Please let me know what you think of the following issue.

 

Lets say that you go wheeling with a few friends. One of your friends attempts a hill climb and comes sliding back down the hill as it is pretty icy.

 

He slides about 10 ft down the hill, around a curve in the trail and another 15 - 20 feet right into your rig. (about 45-50 ft total) which is waiting in line on the trial to go up the same hill.

 

His tire rack smashes your hood, grille and drivers side headlight. Radiator supports need to be bent back, hood replaced, and headlight replaced.

 

 

Who pays to fix the damage??

 

Does he pay because he slid into you? Do you pay because it was an accident?

 

Furthermore, if the only parts needed can be sourced at a JY for a reduced cost, does that make a difference?

 

Please post your thoughts!

 

thanks!

Matthew

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I feel that people should expect damage on their rig when they go wheelin. If it doesn't happen that's great, but if/when it does happen it should be at the expense of the driver of the damaged vehicle.

 

I've heard of guys flopping then getting out pissed off at everyone around them like the flop was everyones fault but theirs.

 

Same thing when it comes to getting pissed at your spotter. The driver is holding the wheel, pushing the pedals and making the final decisions on what's done.

 

If that happened to me and my friends on the trails, I would appreciate any help to fix the rig. But certainly wouldn't expect help or blame someone else. Sh!t Happens, and if people want to sue or lay blame when their rig gets damaged they should keep them off the trails.(or wheel alone)

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I agree with Trailchaser. If it were my wheeling group, I'm quite sure they'd offer to help with the repairs, and/or cover them completely. I would not, however, EXPECT that of them.

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I guess i expected more of a "dude, that sucks, I'd be glad to help you fix it" but i didnt get that.

 

its not the $$ its the "sorry i broke your @!*%" and the fact that someone would want to help fix it.

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Wow.....remind me not to go trailing with 88....he means buisness! :huh::tongue:

 

I say trail damage....unless the guy runs you in purposely or does something really stupid, like try climbing a hill that's iced up after someone says hey "don't climb that hill because you're not going to make it and then you're going to slide back down and around the corner and hit that pathfinder...." is to be expected and should be your own responsibility.

 

It sucks to get run into and if I ran into someone I would offer to help with the fixing of the rig, but trailing has a lot of unforseen and I think even insurance companies might have issues with paying for trail damage.

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Where I live, we have govt. run insurance. 88's idea (unless you are trying to defraud the insurance co.) will not work as any "off road" damage is split evenly among all participants, even if you are stopped and in the clear. I would check your policy first before trying to get this covered as it may also impact your own rates.

 

I agree with the above about staying away from this guy, not even a sorry is rather poor.

 

And too bad about your truck, hope you can fix it up OK.

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The guy who slid into you is technically 100% liable. If you sued him you would likely win AND lose your friend and probably never get anyone to go wheeling with you ever again. If he was a standup guy he would offer to take care of it all,if he offered and you were a standup guy you would say no thanks or at least split it with him. Since he didn't even offer ,it tells you everything you need to know. I would never go wheeling with that guy again [ but I wouldn't pursue it any further either].

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Why I get pissed when I'm on a trail ride and the guy behind me is too close. Or going up a climb and they start on up behind you when you are half way up. :angry:

 

It's kind of a judgement call based on the situation. Any offroading rig-rig incidents can happen in so many ways, for so many reasons. Why didn't you move when he came sliding at you? :shrug:

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I'd turn it in to insurance. The other guy might get shafted on his rates, but it's not YOUR fault you got run into unless you were really riding his butt and not paying attention to the trail conditions...

 

 

2x but i have a feeling you were way too close to the obstacle thus he was able to slide into you.

 

i've never had that issue with anybody i went wheeling with. one of my buddies however did get bumped by a jeeper who wasn't in control but there was no damage. things could have gotten ugly if something did get bent up.

 

most of the time i go solo so if there is damage it is definitely my fault. :)

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Actually MZ, the guy who pissed me off the most was from MXO, that guy with the Burgundy X, with the Chucky doll. He was within 10' of me the whole time he followed me through the Badlands, even after telling him to leave some room. I was about ready to hit him on purpose.

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I guess i expected more of a "dude, that sucks, I'd be glad to help you fix it" but i didnt get that.

 

its not the $$ its the "sorry i broke your @!*%" and the fact that someone would want to help fix it.

 

Should have put this in the original post....

 

That points out that the individual that hit your rig is not a friend, and should not be treated like a friend.... I bash someones rig I dont know on accident... I pay, no questions asked... I bash someone I do know, odds are I fix it or pay for it after we are done Crying/laughing our a$$es off depending on the damage....

 

If there was no appologie or attempt, screw him... Police report and insurance time.... and stay clear of him on any future trails or even the parking lot for that matter...

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Actually MZ, the guy who pissed me off the most was from MXO, that guy with the Burgundy X, with the Chucky doll. He was within 10' of me the whole time he followed me through the Badlands, even after telling him to leave some room. I was about ready to hit him on purpose.

pinoy? wow.. hmm.. well. stuff happens i guess.

 

"too bad, so sorry"...
or not say a damn thing. P...
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