Maybe U-Haul can help you find the driver and/or his or her insurance company.
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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.Ask a similar question
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.Ask a similar question
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.Ask a similar question
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