rental equipment damage

[scott_v]

my girlfriend rented a floor sander for me after floors were done i loaded it on a trail with 2 straps . went 2 bloocks , rental place is only 4 away, lady went through a stop sign i laid on break sander came off and was damaged . returned it to rental company he said i didnt tie it down i owe him 3000 for a new one . i tried to turn it into my insurence they said sure but they needed to have him send them something saying there insurence company would not pay , he said no i owe him 3000 dollars . my insurence said after review his insurence company should be primary it didnt happen on my land they werent going to pay and hes sueing me now ? Any advise ?

 

[jharris352]

Answer the claim and go to court. The plaintiff (rental company) has a duty to mitigate their damages, that would include insurance. The Judge will help you sort it out.