To help a friend out, my husband borrowed, from my brother, a truck to haul something for a friend. In the process of doing this, the truck broke down, maybe blew the motor. The truck did have some age on it and is known to have problems. As far as I know, his friend has not offered to pay for it. The question my husband and I are disagreeing on is, who should pay for fixing the truck? I say it should be his friend, but my husband said he borrowed it so it's his responsibility. I understand that part, but if he wasn't trying to help this friend in the first place, he would have never borrowed the truck. It had to be towed and my husband payed for that, also. I'm just curious. My husband will end up paying for it, that's the way he is, but I'm just curious to what everyone else thinks. One other thing, I apologize for this not being a sexual question!!
2007-08-22
06:10:17
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29 answers
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asked by
Needtoknow
5
in
Family & Relationships
➔ Marriage & Divorce
Unless there is some reason to believe that your husband abused the truck in some way, then he shouldn't pay. It was just coincidence that he was driving when the truck blew. If the owner had been driving, the same thing would have happened.
He paid for the tow. That's a reasonable compromise. The rest is up to the owner.
Under the law, the person doing the borrowing is required to use "reasonable care". That means treat the truck the same way a "reasonable" person would under the same or similar circumstances. Unless he failed to use "reasonable care", there is no liability on the part of your husband. The coincidence that the truck broke while he was borrowing it does not, in and of itself, create liability.
2007-08-22 06:19:05
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answer #1
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answered by AngiesHusband 5
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your husband should pay. Think about it, if the truck is known for problem, he should have know can the truck carry the weight of the stuff. If not he should have suggested in borrowig a moving truck. Then the friend is suppose to paid. But since your husband over estimated your brother truck, it is his mistake. Beside your brother should have know if the car is in good conition to drive or not. Meaning all the motor oil is check, break, and etc. Blewing up the motor tent to be no one checking the oil, and it should be check every 3000 miles. So this part, your husband won't know how many mile was the last check up.
Friends are outsider, brother is family.
But think about it, if your husband didn't borrow the truck to help move, but to drive to work because his own car is fixing or whatever. He just need to borrow the car so he can go to work. 3 day 60 miles.(I am quessing the mile he drive for his friend) Now the car broke down in the middle of the freeway and the engine blew up. Whose fault is it? your husband or your brother?
See my point, don't blame the friend or why he need the truck. Just in this example who would you blame, your husband or your brother?
Plus during the accident, if your husband got hurt, is his insurance going to cover or your brother going to pay?
So this might be a reason why your husband is paying for the truck and not the friend because something might have been broken, or the friend got hurt. And he doesn't want anyone to sue.
Your husband is just trying to make everyone happy.
The friend, your brother, and the arguement that you might have over with your brother on when he can have his truck back. Because if the friend don't have money right now, she is going to sue and your brother is going to get on your case.
So your husband did the right thing and save everyone the trouble and took responsibliity for his own action and your brother mistake for not checking the engine oil.
Don't be to hard on him, he has lose face in front of his friend, took the blame from your brother mistake, and listen to you yelling at him or questioning him.
Hope my answer help you a little in seeing the whole picture.
2007-08-22 06:33:43
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answer #2
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answered by ken401lam 5
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I guess I can forgive you for this not being a sexual question just this once. But don't even try to post any more non-sexual questions!
I agree with your husband, who sounds like an honorable man. Apparently, women's brains work differently on issues like this, and I don't understand your point at all, sorry. Your husband did borrow the truck, and it did break down on his watch, so he should offer to pay for it. However, on the practical side, I think it should really be your brother's problem. See, it's highly unlikely that your husband did anything purposefully or negligently that caused that truck to break down -- in essence, that truck was just waiting for the right moment to break. It was a case of simple bad luck that it broke while your husband was driving it, and your brother should understand this, thank your husband for paying for the towing, and then pay for the rest. If anyone else pays for the repairs, your brother is getting free maintenance that he would have had to pay for if he had simply been the one driving it at that moment.
2007-08-22 06:21:54
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answer #3
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answered by Happy-2 5
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On this occasion your husband is right. The 'friend' was not responsible for the condition of the truck. However, if you were to ask your husband's friend as a gesture of good will to meet halfway with regards to the towing charge and fuel cost. If he's anything of a friend he'll recognise the gesture your husband made towards helping him out in the first place.
2007-08-22 06:33:48
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answer #4
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answered by moriartee 4
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I agree with your husband. He borrowed it, he should get it repaired.
But on the other hand, if your husbands friend is any kind of a stand up guy, he should offer to help out. If he does great, take him up on it. If not, let it go.
If I were you, I would be proud that my husband stood up to do the right thing. Most people would blame the owner and not offer to get it fixed even though they were the ones using it when it broke down.
Give your hunny a big kiss and tell him that you're proud to be his wife!
2007-08-22 07:19:08
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answer #5
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answered by jt 3
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If I were in your husband's shoes, I would feel obligated to pay for the tow and repairs myself. In offering to help someone, you are not puting the accountability on them for any actions and/or accidents that happen during the process.
If your husband's friend was driving at the time, then maybe I might consider it his responsibility, only in the sense that he was then borrowing the truck, not your husband.
2007-08-22 06:17:26
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answer #6
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answered by Rappel_Welch 4
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The friend is not responsible....he asked your husband for help, not your brother. Your husband is not responsible for the damage either. He paid for the tow ( the right thing to do ) But as long as he was careful with the truck and used it in a normal fashion.....he cannot be held accountable. You have already said the truck was in a state of disrepair.....Should your husband pay to fix something that your brother allowed to get into an unreliable state ? I dont believe so.
2007-08-22 06:37:05
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answer #7
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answered by RedHairedTempest 3
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It's not a matter of "who's right". It's a matter of "what's the best choice." Both answers are right.
But your focus should always be on unity and agreement.
Maybe suggest a compromise that both could chip in. =)
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http://www.housefellowship.org
2007-08-22 06:16:57
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answer #8
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answered by Anonymous
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Your husband did borrow the truck for whatever purpose it or to help whom doesn't matter. So it is his responsibility although knowing the truck had a bad history I think your brother shouldn't expect him to carry the full load on this one.
2007-08-22 06:55:44
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answer #9
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answered by dawnb 7
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Your brother should pay for it. It's his truck and they only borrowed it one time. If they didn't borrow it than it would have broke down when your brother was driving it.
2007-08-22 06:20:39
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answer #10
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answered by Anonymous
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