Do I have the right to Sue this company?

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PostPosted: Tue Dec 11, 2012 8:46 pm   Post subject: Do I have the right to Sue this company?  

I had rented a storage unit and per their request put an insurance policy on it through the storage unit. I get a call one morning saying that there was no lock on the unit and I needed to come put one on. Last I had checked there was a lock on and they do lock checks every night. So I went to the storage unit and checked out the unit and several things had gotten stolen nearly $2000 worth of items. I filed a police report and the storage unit said they would check the tapes to see if there were any suspicious activities. I started the process to file for the insurance claim after I received the police report which was mid September and the unit had gotten broken into late August. I didn't hear anything from the insurance company until mid October and that was only because I called them to see what was going on. They told me I had other paper work I needed to file for them. (I don't know why they didn't mail any of the information in the first place but) anyway, so I filled out the paperwork and mailed it back in and they gave me the run around for weeks. Finally, the last week in November I called again and they said they were just waiting on the police report which I had already sent in a copy of. So I faxed in the police report, still continued to hear nothing. Called 3 weeks later to the insurance company and told me that my claim got denied because the storage unit only told them that the lock was missing and there was no forced entry, when in the police report it clearly states 3 times that the unit was broken into and the lock was cut. They are still denying my claim. My dad had also asked the storage unit to review the surveillance tapes and they denied him access and said they dispose of the tapes after 2-3 days. Do I have a case here?

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PostPosted: Wed Dec 19, 2012 1:49 pm   Post subject:   

Do I have a case here?

Yes. You should sue the rental facility owner for your loss in small claims court. If the police report shows that there was forced entry, and the rental facility is claiming there was not, it will be up to the rental facility to explain to the judge why they disbelieved the police report and filed a false report with the insurance company. Apparently, their surveillance tape showed a break in, but by recording over the tape (not in 2-3 days but in 1-2 weeks, which is somewhat routine -- Monday's 24-hour recording gets recorded over next Monday, or the Monday two weeks down the road -- 7 days, 7 (or 14) tapes) they have destroyed the evidence that either supports or contradicts your assertion and the police report.

If there had been no break in, they would have showed you the tape to settle the matter. Most likely, one of their employees committed the crime, and they have covered it up. So sue the owner (a corporation or LLC, most likely) and let that person try to defend against the loss from an indefensible position. They were obviously negligent -- and the "tort" occurred.

You should also file a complaint against the insurance company with your state's Dept of Insurance. They did not handle the claim at all properly or in a timely manner, and the Dept of Insurance needs to know.


CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
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PostPosted: Fri Dec 21, 2012 12:18 pm   Post subject:   

You wanted one case. Max pointed out two. Laughing

I agree with him though. The rental facility must be trying to cover up something. I smell the rat in their bag.

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