Glendale man finds U-Haul truck on top of his SUV, insurance won’t pay for damages

GLENDALE, AZ (3TV/CBS 5) -- Back on New Year’s Day, McClain Schilling found his 2005 Land Rover parked outside his house demolished by a rented U-Haul pickup truck on top of it. “When someone says there’s a U-Haul on top of your car, how do you process that?” 3 On Your Side’s Gary Harper asked. “Well, I just came out to see for myself.”

McClain says before the crash, his vehicle was great to drive. “It was super smooth and very quiet ride,” he said. But not anymore as pictures he showed his Land Rover demolished by the rented U-Haul. Allegedly, the U-Haul driver fled from the scene. Since McClain only had liability insurance, he filed a claim with U-Haul, believing they would cover his totaled SUV. After all, he wasn’t even driving.

Investigators from U-Haul’s insurance company eventually inspected McClain’s damaged vehicle and said they’d get back to him. But that was three months ago, and McClain says his claim keeps getting delayed by adjusters.” One month later, I get an email that says, ‘Hey, do you have a copy of the police report?’ And we’re like, we already gave it to you along with all the other information,” McClain explained.

Frustrated, McClain contacted 3 On Your Side for some help. “We’re at a loss. We don’t know what to do. My wife’s grandparents from day one have been saying call 3 On Your Side,” he said.

Well, I got a hold of U-Haul and asked about the delay in settling the claim. Their insurance company responded by announcing a decision McClain was not expecting. U-Haul tells 3 On Your Side that McClain’s damaged Land Rover won’t be covered under its Liability Protection Plan “because protection does not apply to any intentional torts or criminal act,” according to the plan.

In this email, a U-Haul spokesman tells me “...the rental equipment was being used in the commission of a crime, burglarizing homes in the neighborhood. Stolen property was found inside the pickup truck, and the lessee was identified leaving the scene.”

And here’s the alleged troublemaker: 38-year-old Joshua Stine, and he’s got a rap sheet that dates back 20 years.

McClain’s stuck with an eyesore that he and his neighbors are tired of looking at. He’ll try to purchase a new vehicle, but it won’t be easy. In the meantime, he has to borrow a car to get around. “We’re just relying on friends just for commuting and going to the grocery store and stuff,” he said.

There is always a risk when you only have liability insurance instead of full coverage. Yes, your premiums are slightly lower, but there are risks like you just saw.

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