My property was stolen from a Uhaul storage …
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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
Answer
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.
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