A u-haul truck ran a red light, and did about $12,000 damage to my truck, and so far about $15,000 in medical.My attorney said that we can not sue u-haul, we must go after the driver of the truck. She is from another state, and we are having a hard time locating her. they did'nt total my truck, but I did'nt feel safe driving it again. traded it in and took about a $4,500 loss on the truck compared to what it was worth before the accident. I Guess the question is ,Why can't we go after u-haul. I heard ther was some law that protects rental companies from lawsuits.Any help will be appreciated
Personal Injury Lawyer
Maybe U-Haul can help you find the driver and/or his or her insurance company.
[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
Car / Auto Accident Lawyer
It would be very difficult to go after U-Haul unless you can prove some specific failure on U-Haul's part. If U-Haul should have known the person was a reckless driver, or if they didn't have a valid driver's license, then U-Haul might be liable for negligent entrustment of the truck. Without some specific failure, which is fairly unlikely, your only recourse will be against the driver himself.
Personal Injury Lawyer
You need to see the rental agreement as a starting point.
Intuitively, U-Haul must have information about the driver it rented it to and produce that to your attorney in furtherance of your action. Each state has different rules about pleading and parties and in some jurisdictions there would be colorable arguments to bring u-haul in, but that might not be the case in Florida. Just because you name them as a party, does not mean you will prevail against them unless you can prove they were negligent in some respect. For example, if you could prove that they knowingly rented the truck to someone who is in frequent accidents, or while she was drunk or that the status of the truck was unsafe for the road conditions you may have a shot to prevail against them. Depending on the extent of your injuries it may be worthwhile to have an expert examine the truck to see of such a condition exists and if you can go after them. Since you currently have representation these are questions you should tackle head on with your current counsel. Best of luck to you.
Please note by answering this question there is no attorney-client relationship formed. I am not your attorney. Nothing I said in this reply can or should be relied on. In order to rely on counsel's advise you must retain that attorney and receive representation or an official opinion letter. This is neither and meant to be for general informational purposes. Your case has specific nuances that goes beyond what you wrote and what I answered and you must speak directly with counsel to advise you of your rights.
You should ask your attorney about the Vargas V. Enterprise Leasing Co. case decided by the Florida Supreme Court, docket number SC08 -- 2269 on April 21, 2011.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.