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Category: Legal
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Experience:  Licensed and practicing attorney.
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An insurance company is attempting to collect damages that

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An insurance company is attempting to collect damages that they paid to fix a back hoe that we rented. I never signed any rental contract, just reserved it over the phone and they delivered. The back hoe broke on day two of the week rental. The mechanic that came out to look at it said we were liable for the repairs and tried to get me to sign the rental contract then. Of course I didn't sign. No one told me on the phone when I rented it that I needed special contractor insurance or anything. Otherwise we wouldn't have rented it from them. What could come of this and should I consult a lawyer and if so what type of lawyer?
Submitted: 9 months ago.
Category: Legal
Expert:  John replied 9 months ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

Oddly enough I was involved in a situation exactly like this, my client having rented a piece of industrial machinery, no written contract signed, significant damage occurring to the product. The rental company's insurance company is most likely eventually going to sue you. The primary dispute here is "what are the terms of the agreement" and more specifically does it involve your assuming risk of damage that occurs to machinery. To be sure you had a contract implied in fact (i.e., you didn't just go to the rental place and get the machine for free - you knew there was some agreement on the matter) but there is no real agreement as to assumption of the risk of damage.So the question for the court or jury becomes "what if any agreement was there as to assumption of risk for damages". The rental company really put itself in a bad situation by not having you sign the rental agreement beforehand. But between the lawsuit to the court or jury verdict there is going to be the litigation of a case.

You'd be best served by retaining a civil litigation attorney that handles general commercial lawsuits between companies.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Attorney
Category: Legal
Satisfied Customers: 2719
Experience: Licensed and practicing attorney.
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