Be the Good Guy or the Bad Guy?

Capt. Slo-mo

Well-known member
Had a new experience in October--a camera op dropped my new F3 off a tripod and onto a concrete floor. Total loss, including a broken Sigma 50-150 (one of my fav lenses ever) and a cracked Prolock adapter. Total bill for value of broken gear plus cost to replace is almost $10K.

The irony was that the op had been complaining about the rental tripod supplied by the grip company, and I had just told him to take it out of service and go get his personal tripod out of his truck when the camera detached and took the fatal plunge. (This was about 15 minutes into the first day of shooting)

Complicating things is that the grip company sub-rented the tripod from a third party. The op and the gaffer on set both agreed it was a mechanical defect in the tripod (which did look pretty beat up). The grip company is pointing a finger at the 3rd party, the third party is pointing the finger at the op, and the op is not responding to any questions about his insurance.

I've had both gear and liability insurance since the late '90's and have never filed a claim. I am loathe to ruin that record now for a gear issue I didn't create...but I also don't really want to be a jerk and initiate some sort of legal action against the operator.

Am I being a patsy if I just shrug it off and file a claim with my long time insurance company?
 

Douglas

Well-known member
I don't think you have any claim against the operator unless you can show he purposely destroyed the camera or misrepresented his skills. You provided crap equipment to him . . . end of story. Your beef is with the rental company. Either you file a claim against them; file a claim with your insurance; or eat the cost yourself. I really don't see how there are any other choices to even consider. Filing a claim against the operator would make you a first-class jerk in my book and you'd never win anyway.
 

cameragod

Well-known member
I’m with Doug. The rental company provided a tripod that was not fit for purpose. Have a chat with your insurance company and see how they would recommend proceeding. You may find they will pay you out and chase the rental company’s insurer for you without affecting your premium or excesse because you were not at fault.

btw it’s not about being the good or bad guy, it’s about being in business and behaving in a professional manner. You pay that insurance and it would be crazy not to make them work for you.
 

Capt. Slo-mo

Well-known member
Yeah, I try to treat folks the way I'd like to be treated. I carry liability insurance and rental gear insurance for just this kind of situation...so that if something gets broken by me, I've got coverage and can make it right. My suspicion is that the op is not similarly protected.

Just to be clear, Doug...I did not play any role in sourcing the tripod in question. That was done through a grip/equipment company that also provided the gaffer, lights, Dana Dolly and the Tripod of Death. As soon as the op complained about the tripod, I told him to change it out...yet he then moved it without a hand on the camera, or removing it from the tripod.

I've already filed a claim with my Inland Marine insurance, so we'll see what transpired. But it is sad that people won't step up to the plate and take care of accidents like this when they happen.

Stephen: it's possible my insurance company will pursue the rental company, but for this amount of money, it seems doubtful. Far more likely that they would pay it out, then send me a nice present next year when it comes time to renew--which is why it's a pity I finally have to use my insurance for something I didn't do. So it goes...
 

nautilusvideo

Well-known member
File the claim. There is a good chance that the insurance company will then file against the rental company. I had to file a claim many years ago when me and my gear sank in an air boat. My insurance company paid off and then they sued the boat owners insurance.
 
File the claim. There is a good chance that the insurance company will then file against the rental company. I had to file a claim many years ago when me and my gear sank in an air boat. My insurance company paid off and then they sued the boat owners insurance.
That is the normal SOP with these kinds of convoluted things. Actually they will probability split costs the insurance industry has whole sets of tables for these kinds of multiple liability situations. The same thing they do when there is a 72 car pileup on the freeway. The first guy is responsible for part than the guy behind him and so on and so forth.
 
Top