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My property was stolen from a Uhaul storage unit by an employee, can I sue Uhaul or only collect on insurance? |
2 months ago I went to Uhaul seeking to place my items in a medium-sized storage unit. The employee at the time (named X) directed me to a unit. After placing all items in the unit, X then informs that "a mistake" had been made on X's part and that my items were actually in a large unit and not a medium. Knowing that I did not want to pay the rental rate for a large unit, X kindly offers to transfer the items from the large unit to the medium unit. Trusting X, I agree and allow X to transfer my items. I return 2 months later to find 90% of my items stolen. I also find that X has been fired weeks ago for allegedly steaIing from the office. I file a police report as well as an insurance claim. I also find out that the Uhaul Hiring Dept. was aware that X had a criminal history/probation officer prior to X's hiring, but Uhaul haddecided to hire X anyway. Do I have grounds to sue Uhaul for (1) amount greater than value of stolen items (2) their hiring of X , or do i only get insurance money Laws vary from state to state. In the laws of the states in which I practice, and subject to any waivers in your contract with U-Haul, you could sue U-Haul for conversion and negligent hiring, but would not be entitled to recover more than the value of the property unless there was a deceptive trade practice involved. If your insurance pays you, they may have a right of subrogation, meaning they can be reimbursed from any recovery you win in a lawsuit. On the other hand, U-Haul should not be entitled to offset the amount of any financial award by the amount your insurance paid you. who's insurance Best bet is to not accept the money and sue if you want more money. If you just want it over with, hold out for a good settlement. I'd take the insurance money and call it a day. Too much to go through to prove your case. You can sue uhaul, they are responsible for the employees they hire. and it happened in their watch. Yes, you have ground to sue Uhaul. However, if you are compensated for the replacement value (or close) of your items, why waste 2 years or better of your life in court to perhaps receive nothing, and pay an attorney on an hourly basis - perhaps as much as $150 - $350 an hour? Collect what you can from your insurance company, and then sue for the difference in small claims court (up to $5,000?). Encourage your insurance company to also sue to recover what they had to pay you. |
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