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  • Hey all, just changed over the backend after 15 years I figured time to give it a bit of an update, its probably gonna be a bit weird for most of you and i am sure there is a few bugs to work out but it should kinda work the same as before... hopefully :)

rental/insurance nightmare help.

MikeHedge

MikeHedge

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So.... shot for days and days for a friends project. He had agreed to have production insurance.

the RED is at RED to get fixed, needs major repairs. Told him to submit an insurance claim. The RED has been there for many weeks. He said he submitted a claim, and he says that they denied it because they don't cover "technical failure" This "friend" of mine won't tell me who he had insurance with, nor what his policy was/is, and he is now saying that he will not pay for the cost (about $5300) and is making me pay for it. This is pretty fucked. anyone been through an insurance claim regarding their RED, or know what to give the insurance people so that it can fall within what they cover?

Mike
 
nope. it was a friendly deal all done via email. I did never get any kind of insurance confirmation before filming, during filming, and now he is refusing to tell me anything more then "they denied it"

Mike
 
Coverage is going to be Insurance Policy specific. My bet is your "friend" didn't have coverage at all making that a dead end. If he/she did then there would be no issue with giving you the policy to review. Filed under: Things to get in hand before shooting starts = Insurance Policy Terms & Conditions

My homeowner's insurance policy was incredible deficient in what they would cover in pro equipment. I had to get a specific policy that covers my itemized owned equipment and I get a binder when renting high value stuff.

Bummer dude - hope the news gets better manana
 
ya. it was a mixture of trusting a friend, trusting that a RED would not get damaged, and doing all sorts of last minute things to just get the gear and arrange things for the shoot.

True that insurance should be on my list in BOLD, but the reality was that it was on the list. it was agreed upon, and not followed up by me correctly before the shoot.... so I guess a lesson once again learned for me.

Mike
 
MikeHedge said:
nope. it was a friendly deal all done via email. I did never get any kind of insurance confirmation before filming, during filming, and now he is refusing to tell me anything more then "they denied it"

Mike
Click to expand...

Mike.....this may or may not help, but BUSINESS is business. AND amongst friends even more important.....to get thigns done right....so that friendships don't get shattered.....meaning, always follow rules of rental--hey, it's a free rental, but supply me ins. cert. before camera goes out...."oh, you were too busy to do that, sorry.....as i said 2x before..., no cert. no camera---to save our friendship IF something happens" Seen this more than a few times....
Good luck! guess he's not that much of a friend in the end......told you to shove it ?

.....I might add that it's all friendly until money must exchange hands on these type deals. but this fault lies in your court and you wont make this mistake again.
 
You are paying forward buddy - it will come back to you
 
hey Johnny. agreed and thanks. love your work.

expensive lesson.

I guess I can look at the bright side, that the greatest footage of Burning Man that has ever been shot, was shot and 1TB of seriously genius R3D files exist.
 
Maybe small claims court, Mike? If you have emails, I suppose that could help.
 
thanks Tom. ya tons and Tons. it would take several days solid of just reading them all to understand all that has happened.... I am just not interested in spending another minute of time on this.... so the idea of taking him to court etc, seems really heavy and not enjoyable...

Mike
 
mike,
Small claims is a breeze. Bring in your proof and make 3 nice folders (one for you; Mr. x; and judge) ....you have up to $7500 in CA. for small claims. if you win, you can then send the sherrif to collect your judgment which FREAKS people out.....VERY EASY to do and costs you 1/2 a day. They don't show up, you win.....


.....is this guy local?
 
wow. love that. sounds awesome! He is in Florida with a corporation.... I just have a feeling like it will lead to an even bigger mess.
 
not sure how it works if both parties are in different states, but there is the legal advisor in all courthouses that help with this stuff for free.....But if you got taken advantage of and he's tossing you to the street.....don't let him do it w/out fighting back. If you have enough to prove the case....then go for it. But sounds like he's telling you to F off....but run it by a few friends first if your case sounds legit and winnable. Burden of proof is main thing - did it break in his possession? how do you prove it.....etc....
 
Hi Mike,

Do you have an email that says your friend will provide insurance to you? Did this company in florida rent any gear for the shoot? If so, try the rental company and ask to see the cert they got. Then you know who provided the insurance. Call them. Say you have a claim. If this was a bunch of guys getting together to make a film without rental contracts and insurance you are screwed. Even in small claims you need proof that you didn't do a favor, there has to be something on paper that says you are working for them (email may work). If that fails make a claim with you own insurance and try to recover the money in small claims (last resort). My 2 cents. Sorry this happened.

Robert Torrance
 
If the county court isn't viable...
Do you have any emails or witnesses to support your claim that he was going to provide insurance?
If so you may be able to sue, but it could be messy as you could have to prove the damage was not due to your negligence ect.
If you were DP on the project without a contract you have copyright and so can prevent the use of the material.
To turn up the heat you are entitled to claim lost rental, so keep a track of any potential jobs you cant chase.
Were any labour, union or local laws broken during the shoot? as this kind of detail sometimes has to be addressed in a contested court case, although it should not affect the outcome.
If you didn't shoot it and no contracts were prepared for cast or crew you could seek support from the DP or actors who may be able to prevent the use of the material without their permission.

Raise these points with a lawyer so he can consider them and write a serious letter that will give your friend a lot to think about. Shock and awe. If he is short of cash consider a payment schedule.


Mike Brennan
 
mike, i would follow up on this. i realize it's probably been a huge headache, but the fact is that neither of you guys wants to pay for that thing. you need a mediator or judge to decide that, not unsubstantiated claims about the insurance situation... if he is your friend, and continue to be in the future, tell him that you want to have a third party settle your differences on this matter. otherwise, you guys aren't gonna be too good of friends, i'd suspect. and afterwards, you still might not be friends, but at the very least you'll have found out whether or not he's the douchebag or if it really is the insurance company.

just going to him in a peaceful way and explaining that rationally should bring you (or you both) a lot of clarity. if you do that and he still resists, i'd give it a go in small claims. usually those judges figure out when someone has been a douchebag, they don't put up with a lot.

may the force be with you.
 
my CPU got fried from the whole cable thingy thread that was in the complaint department - cable fucked my Red - sent in a claim on my insurance and there was no issue but it was definitively not an operator or wear and tear issue - it was a freak accident thing so it was covered. I sure didn't want to make a claim, but I also didn't want to pay six grand. Needless to say I tossed all my cables and bought new ones.....watch those cables people!
 
You could also try and get him/her to agree to pay back half of it - not ideal, but some is better than nothing, and possibly easier to get and better than completely losing the friendship, although you've been treated pretty badly. It's be hard to trust that person again for sure.
 
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