Date: Thu, 8 May 2008 23:21:59 -0700
Reply-To: Roger Whittaker <rogerwhitt1@GMAIL.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Roger Whittaker <rogerwhitt1@GMAIL.COM>
Subject: Re: Advice about how to deal with auto shipper damage
In-Reply-To: <4823CBE3.60005@comcast.net>
Content-Type: text/plain; charset=ISO-8859-1
dear ken
it might be a good idea to check the law regarding shippers in the states
they traveled through
here in this province in canada .. the driver of the truck is responsible
for securing his load on the truck
shippers are responsible to package
so if a person wants to send something they call and the transporter
describes to them how it should be packaged
if it is accepted by the transporter then the transporter is responsible to
secure load...
like if they were sent for a load of gasoline and they show up with a flat
deck low bed ...
and load the gasoline in a puddle on the deck
rather than in a proper gasoline transfer container ...
and they head out on the road ... spilling gasoline every where ... the
transporter is held accountable ...
same goes for logs that fall off etc...
the big question is ... when did it blow off ...
if while in transit then this is a clear case of unsecured load and the
operator is likely liable under state highway laws if on a state highway
and liable under federal transport laws if on federal highway ...
so find out the circumstances of where and when
but before you ask any of those questions ...
what sort of $$ are we discussing here to repair and or replace
200 - 2000 - 5000 $$$$
weigh this dollar amount against the cost of pursuing the repayment from
carrier ...
after you have your ducks in a row
call the president of the company and ask him how he would like to settle
with you
outline the responsibility chain ...
and remember that the test for nearly all law in regard to expectations and
disappointing performance is based on the reasonable man test
president guy unless he is a sap will not want to be seen as not doing the
very best for his customer ...
the alternative is going to be your new anti transporter face book page that
competes for web hit space ////
oh yes there is one other tactic...
travel the highways that were the route of the transporter...
leave ads on the radio stations along that route and check in truck stop
bulletin boards
keep you eyes peeled ...
likely the operator knows where it blew off ...
it certainly blew off before you were called ...
good luck
i hope i was help ful to your case
i hope you find your part...
moreover i hope you have more peace than discontent
yours
On Thu, May 8, 2008 at 8:58 PM, Ken Wilford <kenwilfy@comcast.net> wrote:
> I wanted to ask the advice of the list about a problem that I am
> having. I have shipped and received vehicles many, many times with no
> incidents or problems over the years however I guess you are bound to
> have a problem eventually. I recently had a Sterling Kit car shipped up
> here to NJ from KY. The driver calls me tonight to tell me that he is
> going to deliver the car tomorrow morning. That is fine. However he
> then proceeds to tell me that he had the car on the upper level of the
> car hauler and that at some point in the trip the hood of the car has
> blown off. So now I am being delivered a damaged vehicle and I am not
> sure what my options are. I am thinking about just noting this on the
> shipping form and then taking the loss of the hood up with the shipping
> company. The driver tells me that he has already told them about the
> problem and that they are telling him that because it was a kit car it
> should have been transported in an enclosed carrier instead of in an
> open carrier so they aren't responsible for the loss of the hood.
> However I was really clear with the shipping company when we were
> scheduling the pick up of the car that it was a kit car. The guy I was
> talking to knew all about kit cars and told me that he was thinking
> about buying one himself. I gave him the website address of Sterling so
> that he could take a look and see what the car was like. I figure if it
> was an issue about transporting the car on an open carrier they should
> have said something to me at that time. Or the driver should have came
> to pick up the car and then said, Nope I can't transport the car this
> way we are going to need to use a closed carrier, etc. I feel that
> since they picked up the car then it is there responsibility to deliver
> it in one piece. After all I didn't pay for most of the car to be
> shipped to me here in NJ, I paid for all of the car to be shipped here.
>
> Anyone have a similar experience? How did you deal with it? How did it
> come out in the end?
>
> Any advice would be appreciated.
>
> Thanks,
> Ken Wilford
> John 3:16
> www.vanagain.com
>
--
roger w
There are two kinds of jobs in the world:
Picking up garbage and telling people things.
Successful people do both, with the same good attitude. (riw)
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