Q: Can I sue Uhaul in small claims court for damage to my vehicle caused by their incorrect installation of equipment.
Uhaul installed a 7pin receiver on my truck (used to connect the lights on the truck to the lights on my trailer). The 7pin was installed in the wrong place on the bumper of my truck. As a result some components of my trailer were damaged. If I can prove the damage was caused by the incorrect placement of the 7pin am I entitled to receive compensation for the damage. I signed an Arbitration Agreement but the Agreement itself allows redress via small claims court. The damages are well below the $10,000 small claims limit. If I prevailed would they also be required to pay the cost of the fees I would have to pay just to make my claim.
A:
Under California law, you may have the option to sue U-Haul in small claims court for damages to your vehicle caused by their incorrect installation of equipment. If the installation of the 7-pin receiver on your truck was indeed done improperly by U-Haul, leading to damage to your trailer, you could potentially claim compensation for these damages.
Your ability to proceed in small claims court, despite the arbitration agreement, seems supported by the agreement's terms as you described. This avenue is often used for resolving disputes involving relatively small monetary amounts, typically under $10,000 in California.
When presenting your case in small claims court, it will be crucial to provide evidence that the incorrect installation directly caused the damage to your trailer. This evidence might include expert testimony, photographs of the installation and damage, and any relevant documentation.
If you prevail in your claim, the court may award you the cost of the damages. However, regarding the reimbursement of court fees, this depends on the court's discretion. The court may choose to include these fees in the judgment against U-Haul, but it's not guaranteed.
Remember, each case is unique, and the outcome in small claims court can vary based on the specifics of the situation and the evidence presented.
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