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Can they sue?

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gina.robbins

Junior Member
What is the name of your state (only U.S. law)? North Carolina

Hi all, need some advice please! About 6 months ago, we rented a bobcat to clear our land in order to buy a home. About 20-30 minutes after starting the equipment, it broke down. It would start back up, run for about 10-15 minutes, and break down again. We opened it up and saw that there was a ton of mud covering the engine. Anyway, we took it back to the place we rented it from and told them what happened. They weren't happy of course, but nothing was said. Now, 6 months later, we get a letter in the mail from their insurance company saying we owe them $8000! They said that when we signed the rental papers we were responsible for any damages that might occur while it was in our possession, but we didn't do anything to it. It came to us damaged. They said that if we didn't pay they would sue us. Can they do this? Please help!!!!!
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? North Carolina

Hi all, need some advice please! About 6 months ago, we rented a bobcat to clear our land in order to buy a home. About 20-30 minutes after starting the equipment, it broke down. It would start back up, run for about 10-15 minutes, and break down again. We opened it up and saw that there was a ton of mud covering the engine. Anyway, we took it back to the place we rented it from and told them what happened. They weren't happy of course, but nothing was said. Now, 6 months later, we get a letter in the mail from their insurance company saying we owe them $8000! They said that when we signed the rental papers we were responsible for any damages that might occur while it was in our possession, but we didn't do anything to it. It came to us damaged. They said that if we didn't pay they would sue us. Can they do this? Please help!!!!!
**A: and you have photos and other documented evidence of the pre-exisiting mud condition etc. correct?
 

gina.robbins

Junior Member
No, we have no photos. We didn't think anything about it, especially since the rental place didn't seem to have a problem with it.
 

HomeGuru

Senior Member
No, we have no photos. We didn't think anything about it, especially since the rental place didn't seem to have a problem with it.
**A: send a certified rrr back to the insurance company stating your position and fully documenting dates, times, who said what etc.
 

gina.robbins

Junior Member
We sent a certified letter way back in August. About a month ago we received another letter from the insurance company, which basically said the same thing as the first one. What should we do?
 

HomeGuru

Senior Member
We sent a certified letter way back in August. About a month ago we received another letter from the insurance company, which basically said the same thing as the first one. What should we do?
**A: send another letter back with a copy and referencing the first. Send it certified rrr mail.
Copy the BBB and the state consumer protection office.
 
Last edited:

Zigner

Senior Member, Non-Attorney
We sent a certified letter way back in August. About a month ago we received another letter from the insurance company, which basically said the same thing as the first one. What should we do?
Time to pick up the phone...
Call the insurance company and explain to them what you sent in the first letter.
 
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