Rented Trailer Damages...

[nolson981]

What is the name of your state?
Minnesota

I rented an enclosed trailer and ended up losing control of my vehicle in town on a patch of ice. The empty trailer unhitched from my vehicle and tipped on its side causing some minor (at least I thought) dents and scrapes to the panelling and the fender. I used the trailer for helping a friend move and then took it back to the rental place. They charged me $500 b/c "that is my deductible and I will have to pay that anyway". Well, they get the trailer damage estimated and it comes to $2800. The guy bought the trailer for $2700. My insurance company will only pay $500 on a trailer that I don't own. The guy offered to sell the trailer to me, b/c he says he will get the money one way or another. My insurance company says I should not be the pri**** person liable for the damages, and that the rental company's insurance should become involved. The company says however that they have a $5000 deductible and do not want to involve their insurance.

My question is, should I just buy this trailer so that I at least get something (they guy said he would take $2700) or not buy it and see if this guy will really take me court?
Also, am I liable for these damages? I bought a damage waiver but supposedly that only covers minor nicks and scratches that occur during moving and not major damages. I will admit that the back of the rental agreement makes it sound like the rentor is completely responsible for all damages.
Are these documents really that binding even though they are printed in size 4 font?
And finally, if this does go to court, who should this guy go after, me or my insurance company?
I have searched around, but it seems no one has every really come across this type of situation.

Any help would be much appreciated.

 

[Trucking Mad]

Rental Equipment Insurance

Most rental equipment Co. offer a variety of Ins. coverage, some cover minor damages such as you stated and some cover all damages.
As you stated you're Ins. Co. covered $500.00, The amount of damage is $2800.00, leaving you owing $2300.00, that unfortunately you owe.
As for the owner taking you to court for the amount, I would guess yes.
They offered to sell you the trailer, you stated $2700.00, minus the $500.00 from your Ins. Co. leaves $2200.00 and you have something that you might be able to salvage or sell.

 

[JETX]

that the rental company's insurance should become involved.

That doesn't make any difference.... if the claim is valid, you are liable for the
FULL amount of $2800.
Buy the trailer and get a signed release. If you don't, you will likely face a claim for the $500 deductible (from the rental company) PLUS the $2300 by the insurance company.

 

[Trucking Mad]

Economic Loss

Economic loss, Minn Stat Ann. 604.101 (1991) barred certain tort claims for economic loss, "But Mere Merchants" could sue in tort for economic loss for property damage to other property.
The new statute 604.101 (2000) no longer distinguishes between merchants.
So in addition to suit for damages to the trailer, they could also file suit for economic loss.
My advice would be to settle up soon.