If my tractor was picked up by a repair business to bring to their shop but it was destroyed en route, are they legally responsibly to pay me for replacement value?

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If my tractor was picked up by a repair business to bring to their shop but it was destroyed en route, are they legally responsibly to pay me for replacement value?

Or the value of the tractor? It fell off during transportation and was completely destroyed

Asked on October 31, 2014 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The at-fault person or entity is responsible for the then-current value of the tractor. For example, if it fell off the transport due to being improperly secured, or the transport driver driving carelessly or recklessly given the load, then the driver and his employer may be liable for the tractor's value.

If the driver and company doing the transportation were not at fault, but rather the tractor fell due to a third-party (E.g. another driver hit the transport), then that other party would be liable.


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