• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

rental equipment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

scoot v

Junior Member
Minnesota. Rented a floor sander it was damaged while I was bringing it back to rental company. He says i owe him 3000.00 cost of a new machine it says that on back of rental agreement, old ones about 5 years old. Tried to turn it into my home owners insurance they asked for something from his insurance saying they wont cover it , he refused saying thats not how he does things . I called my insurance company and told them, my insurance company said they would review it , they sent me a letter saying they dont cover rental property. I called them they say his insurance should cover it . Hes sueing me for 2600. Does he have to try and turn it into his insurance and if not am i liable for the cost of a new machine
 


racer72

Senior Member
No, he does not have to turn in into his insurance. Even if he did, the insurance company would then come after you for reimbursement. The owner of the machine is entitled to fair market value, not replacement or new value, of the damaged machine.
 

sandyclaus

Senior Member
Liability

Minnesota. Rented a floor sander it was damaged while I was bringing it back to rental company. He says i owe him 3000.00 cost of a new machine it says that on back of rental agreement, old ones about 5 years old. Tried to turn it into my home owners insurance they asked for something from his insurance saying they wont cover it , he refused saying thats not how he does things . I called my insurance company and told them, my insurance company said they would review it , they sent me a letter saying they dont cover rental property. I called them they say his insurance should cover it . Hes sueing me for 2600. Does he have to try and turn it into his insurance and if not am i liable for the cost of a new machine
If you damaged the sander while it was under your care & control, YOU are liable for the repair/replacement cost. Insurance is one way to handle it, but if your insurance doesn't cover it, there is no requirement that the rental company use their insurance policy to cover it.

They didn't rent a brand new sander to you, and they should not have the benefit of getting a brand new one back. If they want you to pay for it, you should only be liable for the DEPRECIATED cost and not the full replacement cost of a new sander. Demand to see proof of the purchase date of the original equipment and any tax receipts they have that show its depreciated value at the time you rented it. That's the amount you should have to pay, and not a penny more.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top