What is the name of your state (only U.S. law)? California
A member of my family (let's call her Sally) has a contractual agreement with a storage unit provider (lets call it ABC Storage). Sally signed a contract with ABC Storage and declared that the value of the trailer that was to be stored there is $15,000. This contract says in a few places that ABC Storage is not liable, that whatever is stored there is not their responsibility to protect from theft, fire, damage, etc., and then in another area says they will only be liable (if they are found to be) for at most $5,000.
Sally's trailer was stolen from the storage unit location by a 3rd party (group of thieves). Some of those individuals were arrested. Sally's trailer was recovered in another location, completely stripped, and salvaged now. The problem is, she got a great deal when buying it and didn't realize that the KBB value was nearer to $20,000. She had it insured for only $11,000 because that is what she thought it to be worth and told ABC Storage it was worth $15,000.
She will probably get the $11,000 from the insurance company but be out the rest.
Now I am wondering, despite the wording of the contract, how might one go about proving liability on behalf of the storage company as far as a lawsuit goes. Is there a case there?
I have written a few Notice and Demand type letters in the past with great success but never went to court to remedy a dispute. Am I, as a 3rd party to this contract between ABC Storage and Sally, allowed to file a lawsuit and/or represent Sally in small claims?
Thanks
A member of my family (let's call her Sally) has a contractual agreement with a storage unit provider (lets call it ABC Storage). Sally signed a contract with ABC Storage and declared that the value of the trailer that was to be stored there is $15,000. This contract says in a few places that ABC Storage is not liable, that whatever is stored there is not their responsibility to protect from theft, fire, damage, etc., and then in another area says they will only be liable (if they are found to be) for at most $5,000.
Sally's trailer was stolen from the storage unit location by a 3rd party (group of thieves). Some of those individuals were arrested. Sally's trailer was recovered in another location, completely stripped, and salvaged now. The problem is, she got a great deal when buying it and didn't realize that the KBB value was nearer to $20,000. She had it insured for only $11,000 because that is what she thought it to be worth and told ABC Storage it was worth $15,000.
She will probably get the $11,000 from the insurance company but be out the rest.
Now I am wondering, despite the wording of the contract, how might one go about proving liability on behalf of the storage company as far as a lawsuit goes. Is there a case there?
I have written a few Notice and Demand type letters in the past with great success but never went to court to remedy a dispute. Am I, as a 3rd party to this contract between ABC Storage and Sally, allowed to file a lawsuit and/or represent Sally in small claims?
Thanks