Backhoe bent rops

[legbuh]

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]

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]

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]

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]

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]

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]

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]

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]

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:

 

[SockPuppet]

Sorry about your misfortune but this could be a blessing for your sister.

She's getting to see a side of the guy that she may have missed...

 

[twinsticks]

well time will tell my dealer is a rip off they want to charge you for everything .. Is there any way to find out how much force could do that kind of damage... From looking at the machine the underneath looks fine no stress cracks or paint peeling any were... The only thing I can think of is he was hit by a car while walking in a parking lot while the bx was in his possesion maybe he has memory loss.... Lady yelling at her kids in the back seat hit him doing 30 miles an hour nothing broke just really bad headaches.... Tonight hes gonna have a migrane when I am done with him...

 

[KubieTwo]

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.


Talon Dancer

From what I read, a DIRECT blow to HIS head with any object not associated with "magnum" or "hollow point" would have little impact.

I also suspect Sis still sees this bum as the most wonderful thing she ever met and brother as being a little weird since the damage was "minor and less than $1000."

As for how it happened, I am not convinced yet. It does appear a number of objects "jumped in its path" but the REAL one may not have been discussed yet. However, there is more than enough evidence to prove what kind of person he is. Assuming the lower parts of the ROPS are available, I would get pricing and plan on doing it myself. Getting reimbursed without a court order is doubtful and maybe questionable even with an order. Sis may also be angry for a while because this was even brought up. Seems there is always more undeserved suffering for the innocent, but there are a lot of people would now give far more thought to loaning tools or equipment to others, even family, so there has been some benefit. My neighbor would always tell people who asked to borrow anything from him, "If you need it enough to ask to borrow it, you need it enough to buy one for yourself. Have a good day."

 

[8x56mn]

I have been following this post with a lot of curiosity. As an engineer I can tell you that considering the height of the RB it would not take that much pressure to bend it if it were backed into a low hanging tree limb for instance. Looking at the height of the BH boom I can imagine the tractor by itself or with it being on a trailer would come in contact just above the BH and contact the top of the RB where leverage would be the greatest. I can also image that if it were on a trailer that perhaps you would not feel the impact if he was backing up slowly. Did you ever check the area that he was working for low hanging objects that would match the height just above your BH boom and low enough to contact the RB. I cant's believe this would be that hard to ferret out. There should be contact evidence, i.e. bark scraped off a tree limb.

 

[sxs191]

I too hit the corner of my dads barn with the ROPS on my BX and it didn't do anything but rip the corner off the barn roof and make me almost soil my shorts (when the tractor jerked backwards) The ROPS just laughed.

 

[beckmurph]

There are only eight bolts and nuts holding the ROPS in place. Get the price on the two uprights that mount to the frame. Order them and replace the two uprighs. The cross bar appears to be OK. This shouldn't be that hard or expensive to fix. :thumbsup:

 

[beppington]

I dunno, bent like that it doesn't look a whole lot different than some Branson or TYM models .... Maybe just leave it?

 

[brin]

I agree, if it were mine I would not spend any money of fixing that ..to the untrained eye, someone not familiar with the way it should look , as long as you see it still has strength to protect you in a roll over...you might just want to get used to it..if all else fails and you don'[t want a family fight or to spend the money...just my 2 cents.

After looking at your pictures I had another thought...Just a thought now for you to think about..What if you raised your hoe all the way up and put a chain around the top of your ROPS and then onto the arm of your hoe and then slowly lower the hoe...just maybe it would straighten out the ROPS especially if you heated it up with a torch...Like I said..just a thought..I always try to save money by fixing before replacing..

 

[Brad_Blazer]

I envision the ROPS getting wedged under a solid overhanging obstacle while backing up in 4wd. The front wheels recieve down pressure while the rear end rises folding the structure forward. I think it would be a memorable experience for most people.

If you can find the parts for $300 or so to fix it yourself (I wouldn't let this clutz touch the machine again) you could try giving him the choice of paying that or going to court over the dealer repair cost.

Of course if he provides uninterrupted, unmodified video files he can easily demonstrate his "innocence". In fact all he needs is the video showing how it was damaged when he got it or undamaged when he loaded it on the trailer for return. (Of course that doesn't cover trailering damage IF it was trailered but you seem to have found some evidence that the damage occurred during use.)

If it was mine I would buy the parts and fix it myself rather than leave it the way it is. Whether it still provides full protection is simply an unknown.

 

[dodge man]

O.K. lets cut the crap here. The guy is a liar, by now we all know it. Its just a matter of how mad you want to make the guy and your sister. This isn't something that got bent running into the corner of the shed.

If it were me I'd probably buy the parts and fix it myself, and give him the cold shoulder from then on.