Rental Company Claims Gear Was Stolen But I Didn’t Rent What They Say Is Missing

I am an independent filmmaker. I rented gear and a truck from a grip company. When the truck was picked up we were not given an equipment list to sign out at check out. The only list I had was the one of the gear I requested.

Unfortunately the truck was broken into. Fortunately it was empty, we had unloaded all gear. So I just needed to pay for a broken window.

We returned the truck and gear and were told that the truck was missing generators and jumper cables from the jockey
Boxes. We had no idea that the genies were in the truck as we didn’t rent them. In fact, my production team and I were looking for generators to borrow and I have proof of that through emails and text messages.

The rental company is insisting that they were in the truck and stolen (with no proof) and that we’re responsible for them even though I had no idea they were in the truck and we certainly would have unloaded them had we known they were there.

I told the rental company that in good faith I would reach out to my insurance company and see if they would cover it. I was surprised when they did but there’s a deductible. I told the grip company that I would send them a check less the deductible and consider the matter closed. They said that I needed to send the full amount or the account would not be closed.

So now I don’t know if I should take the money from the insurance company or not. The asshole from the grip company says that my taking the money proves I’m taking responsibility for the loss therefore need to pay the entire amount. I feel like they should have let us know about the gear and since they didn’t should accept what the insurance company is willing to pay out less the deductible.

I’m leaning towards not taking the insurance money and sending a letter from an attorney but I’m not sure what the right move is.

Location: MA, USA but the grip company is insisting NJ