sueing u-haul

[alwysbencrzy]

Texas

I rented a u-haul truck (26 ft) and a tow dolly to tow my car for a move from new orleans to houston tx. the truck had a huge leak in the gas tank (which would have been found if there had been any inspection done on the truck) and the tow dolly was not appropiate to my car. my car is a rear wheel drive towing on this equipment may have damaged my transmission.

we got 30 miles and when we tried to get gas the fuel poured out of the gas tank and the straps holding my car on the tow dolly had broken. we had to take the truck to another location and move the contents to another truck. u-haul wouldnt refund my rental fee on the tow dolly or apply the fee to the appropiate equipment so i had to leave my car in LA.

we ran 1 1/2 days late and had to pay movers/drivers to drive and unload the truck (i had volunteers when we were gonna get to our destination on sat nite/sun but ended up getting there mon).

i had a freezer with$750 worth of meat that spoiled from the extra hours being in the trailer. long story i spent 600 on original rental, 400 in extra labor, 250 in gas, and appx 800 to go back to la and get my car, totaling roughly $3,000 it will cost to finalize the move. Plus i dont know if there is transmission damage to my car.

Texas small claims court limit is $10k, which is 3x out expenses. I rented the equip in new orleans (small claim limit of $3K). The corporate headquarters is in Arizona. Can I sue in small claims court in TX? Can i sue for 3x expenses? has anyone else sued u-haul in small claims court for anything besides not having a truck available that was reserved?

 

[Zigner]

I don't think you have a case at all. It's YOUR responsibility to verify that the tow dolly is appropriate for your vehicle.

As to the gas tank, if the leak were so bad, you would have noticed it during the walk-around. I suspect that the tank was damaged while you were driving it.

As to the meat in the freezer, why would you put $750 of meat in a non-operating freezer without taking additional precautions to make sure it remained cold?


Additionally, I suspect your contract specifies where you can sue...

 

[alwysbencrzy]

really? as far as thier system goes there is a error message that pops up when my car is entered as the towed vehicle-they didnt let me know-they had to override thier system to be able to rent me the dolly. that was what another uhaul employee told me. why would i know what equipment is appropiate to tow my car? they knew enough to tell me our toyota tacoma was not big enough to tow the tow dolly and car-why would i not expect them to know if my car could be towed by thier equipment. Im not in the business of towing and moving.

i did notice the dent but didnt look at the gas tank-i pointed the dent out to the attendant and he said it had already been noted.

as to the freezer-where else would you put meat and transport it except a freezer-it was scheduled to be unloaded 8 to 9 hours after being put on the truck-it was the last thing loaded but the first thing loaded when the contents were transferred so it ended up in the rear of the new truck. as to receipts for the meat-i actually have various grocery receipts over several months showing well over $750 worth of meat purchases-i buy meat on sale and freeze it-have about $1650 spent 2011.

im not looking to defend myself-but thanx for bringing up these ?'s.

now i was wondering if anyone could give me some actual legal advice?

 

[Zigner]

Towed vehicle requirements

All towing is subject to inspection. You will need to contact a U-Haul location to schedule a vehicle pre-tow inspection prior to the rental. - Did you do this?

Drive Shaft Must Be Disconnected - Simply placing the transmission in neutral is not sufficient. Note: U-Haul centers and dealers are not required to remove or re-install drive shafts as part of the rental. However, some U-Haul centers and dealers may do this for an additional fee. - Did you do this?

Consult vehicle owner's manual on towing with drive wheels on the ground. - Did you do this?

Check the vehicle being pulled for oversized tires to ensure that the vehicle's width does not exceed the tow dolly width capacity.

Watch vehicle clearance when loading/unloading.

 

[justalayman]

Your car can be towed by their equipment. You are the one that needed to prep the vehicle so it could be towed. You failed to do so. If there is transmission damage, it is your fault for not prepping the vehicle properly.

btw: prepping the vehicle for towing, for your vehicle, means removing the driveshaft. That is something that is vehicle specific and the owners duty to determine what, if anything had to be done to the vehicle to prep it for towing. All you had to do is remove the driveshaft and you could have towed your vehicle around the world. So, you have no claim on anything concerning having to leave it somewhere or if there is transmission damage.


the meat in the freezer: you need to read your contract. I'm betting there is a disclaimer and they are not liable for your losses.

btw: you could have found dry ice to set on top of the food. That would have kept the food cold and prevented any losses.

but why were you 1 1/2 days late? You said you noticed the gas leak after 30 miles of driving. You then got a different truck. Why would that make you 1 1/2 days late?

 

[Sophistry]

You may want to check your rental contract to see if there is an arbitration clause.

 

[OHRoadwarrior]

It sounds like all the problems you experienced are completely or partially your fault. U-haul might pay for your nights stay in a hotel.

I had the transmission go out of a U-haul many years ago. I noted the transmission was faulty at rental, however, the service center felt it was fine. They had no trouble towing it to their Phoenix service center and paying for a hotel while they replaced the transmission.

U-haul does not mean U are capable. That is why there are professional moving services.

 

[Mass_Shyster]

Texas small claims court limit is $10k, which is 3x out expenses. I rented the equip in new orleans (small claim limit of $3K). The corporate headquarters is in Arizona. Can I sue in small claims court in TX? Can i sue for 3x expenses? has anyone else sued u-haul in small claims court for anything besides not having a truck available that was reserved?

Nothing you have written indicates that a Texas court would have jurisdiction over this case. The vehicle was rented in LA, the vehicle broke down in LA, the damage to your transmission occurred in LA. A Louisiana court would have jurisdiction.

If you check the paperwork, there's a good chance that the place you rented from is a franchise, and not owned or operated by U-Haul of Arizona.