posted
I while back ago I bought a house and rented a U-haul. I looked through the literature about their insurance and it said it covered physical damage to truck.
I bought it and then proceeded to run into our covered parking (there was no sign on indicating height--even with someone on the ground and gowing slow I hit the overhead) It was just a little dent.
I returned the u-haul on Sunday, checked in on Monday, and let them know what happened. I asked if there was anything I needed to sign or take care of and they said no. I was insured.
I month later I got a phone call saying I owed over $700 dollars for damages. There was an exclusion in the contract I signed. Well, they gave the contract as I was paying with a customer behind me.
I disputed the charge and explained that the literature at the front desk said it covered physical damage to the unit. THERE WAS NO ASTERISK indicating that a part of the truck was not covered.
If there was, I would not have bought the insurance. If there is an exclusion, it should be on what they present to the client--even if it is small print or an asterisk pointing to the contract.
I feel I was fooled. Instead of communicating my dispute with me, I just got a letter from an attorney saying I owe the money.
What should I do? $700 seems excessive. I feel there was false advertising. I did check in with the company and they said I was covered, however they didn't print that up and sign it. I can't prove the verbal statement from their employee.
I really did look for the small print on the handout. I didn't get the contract until I was in the processes of paying for the rental. I feel gypped and angry. What to do...?
Posts: 2445 | Registered: Oct 2004
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posted
Do you have your own copy of the contract? If so, and there is no asterisk or fine print, then you probably can dispute this. (I work in customer service and have frequently dealt with issues that came down to what was or was not printed on the paperwork in the store.)
posted
You might want to put something like "contract advice please" in the title in order for it to be more likely to attract some of the legal crowd.
quote: I feel there was false advertising. I did check in with the company and they said I was covered, however they didn't print that up and sign it. I can't prove the verbal statement from their employee.
If it goes to court (they could easily drop it since it's a small amount) you can bring these issues up. If the contract is or seems to be intentionally misleading, that might be enough to win.
Also, the rules of evidence are looser in small claims court. While you might not be able to prove what an employee said, you can tell your version of what happened when you returned the truck and they can present their side, and the judge can decide who is credible.
It seems odd they waited a month to contact you. See what the contract says about how long they have to notify you of damages.
The letter from the attorney is probably just standard boilerplate--x% of people who get it will cough up money so they don't have to deal with a lawyer. It's just the next step in their process.
Notice all the "if"s "maybe"s and "probably"s--I'm no attorney.
Good luck!
edit: You can also try your state insurance commissioner.
Also, I noticed last night that Republic Western Insurance Company is owned by the same corporation that owns U-haul, and only issues insurance for U-haul. A very cozy racket they have there. In 1999 Texas got an injunction for Republic Western to stop selling insurance. The Texas Department of Insurance cited some of the general things you mentioned.
quote: In upholding the injunction, the appeals court found that U-Haul of Texas Inc. acts as an unlicensed insurance agent for Republic, which issues the master policies. U-Haul International Inc. helps market the insurance by providing counter-top writing mats and brochures displayed at all U-Haul centers. In addition, U-Haul International receives the premiums on the insurance and forwards it to Republic Western.
posted
They might simply have to have their own in-house company, though, to keep premiums from being sky-high. I have no idea, though.
Posts: 3354 | Registered: May 2005
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