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Liability Waiver for Trailering?

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  • Liability Waiver for Trailering?

    A bunch of us are going to a show at the end of the month. My trainer's trailer is full and asked if I would mind bringing another boarder's horse along with mine. I am OK with that assuming the boarder chips in gas money. I do want the owner of the other horse to sign a waiver of liability though in case something terrible happens. Does anyone have a copy of something like this that you can either post or link to? TIA

  • #2
    Do know that if you recieve any compensation for the trailering (gas money counts) then, by law, you are considered a commercial hauler. And that means that your car insurance (which usually, by default, covers anything you are towing) may not cover you at all in the event of an accident.

    I'm not saying not to do it...I've certainly hauled a trusted friend or two before. But just know that if, heaven forbid an accident occurs, you will most likely not be covered because you will not have commercial hauling insurance. Make sure you can take that financial hit.

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    • Original Poster

      #3
      Ouch. Did not know that. I think that a call to my insurance company may be in order. And to think that this is will be just a favor to someone. I don't want to be sued though!

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      • #4
        Originally posted by xitmom View Post
        Ouch. Did not know that. I think that a call to my insurance company may be in order. And to think that this is will be just a favor to someone. I don't want to be sued though!
        There is absolutely nothing you can do to prevent yourself from being sued. Period.

        Ask your insurance company if "sharing expenses" will make you commerical in their eyes. They are the ones that count in most instances. Unless you get stopped by a "weight watcher" who specifically asks about compensation, shared expenses, etc. it will not become an issue.

        Personally I don't like "waivers." Neither do most courts. In some states they are flat worthless. You don't note which state you live in so it's tough to give anything specific in any event. Your best bet is to talk to a lawyer and ask them. That might be more than the "cost share," though.

        If you're insurance company has no "heartburn" with it I'd take the cost share and move on down the road.

        G.
        Mangalarga Marchador: Uma Raça, Uma Paixão

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        • #5
          Can you have the fellow boarder pay the trainer and then have the trainer take that amount off of your board?

          This way you become an agent of your trainer and should be covered under their CCC insurance.
          (Or at least that is how it was explained to me).
          Oh, well, clearly you're not thoroughly indoctrinated to COTH yet, because finger pointing and drawing conclusions are the cornerstones of this great online community. (Tidy Rabbit)

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          • #6
            I think you would have to have a rider to include your liability under the trainer's CCC insurance. Be careful. People sue...a lot. Suppose the horse gets injured backing off the trailer. She COULD sue you, not saying she would, but she could. Anyone can sue anyone for anything. Whether you win or not, is a different story, but you still have to defend yourself.

            And, depending on what state you're in, a waiver can help a great deal (or not). At least, psychologically, it has an impact on the other horse owner. We have pretty tight liability waivers (which get commented on occasionally), but you do have to protect yourself.

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            • Original Poster

              #7
              Thanks, all. I have a call in to my insurance company and will do whatever they suggest. I am all for being nice to other people, but as LauraKY says, people do sue... a lot.... and I don't need that, especially when it is to do someone a favor.

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