Owner was sued because tenant's moving truck damage property

[wendy128]

What is the name of your state? CO

I was summoned because supposedly the moving truck hired by my former tenant hit our mail box. The HOA wouldn't tell me when and how did the incident happened just insist that owner is responsible for the damage and they have a witness. Am I responsible even though I wasn't there? Is my tenant responsible? or is this a hit and run case and the HOA should use the insurance? Thank you.What is the name of your state?

 

[Litigation1]

What is the name of your state? CO

I was summoned because supposedly the moving truck hired by my former tenant hit our mail box. The HOA wouldn't tell me when and how did the incident happened just insist that owner is responsible for the damage and they have a witness. Am I responsible even though I wasn't there? Is my tenant responsible? or is this a hit and run case and the HOA should use the insurance? Thank you.What is the name of your state?

My response:

The contract you have is with the HOA and you answer to each other by virtue of that contract. You are responsible to them, not your tenant. Your tenant is liable to you, by virtue of the contract that you have with your tenant. Therefore, in the lawsuit, you cross-complain against your tenant for the damages you may lose by having to pay your HOA.

IAAL