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Date:         Fri, 9 May 2008 08:03:12 -0400
Reply-To:     Dennis Haynes <d23haynes57@HOTMAIL.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Dennis Haynes <d23haynes57@HOTMAIL.COM>
Subject:      Re: Advice about how to deal with auto shipper damage
Comments: To: kenwilfy@COMCAST.NET
In-Reply-To:  <4823CBE3.60005@comcast.net>
Content-Type: text/plain; format=flowed

Ken, Most likely you are going to be out of luck on this one. Unless you can show that the trucking company opened the hood and did not close it properly meaning they were somehow negligent, they will not be responsible for the consequential damages. if it fell off the carrier or it hit a brdge or something that would be on thier dime. Damages due to rough roads, storms, stuff falling off etc is usually not thier problem.

As for the choice to use an open vs. closed car carrier, that was really your choice as it really is a cost issue. As for the hood flying off, my bet is that it was not closed properly or the latch was defective. Cars are subject to an awfull lot of stresses on these things.

Dennis

>From: Ken Wilford <kenwilfy@COMCAST.NET> >Reply-To: Ken Wilford <kenwilfy@COMCAST.NET> >To: vanagon@GERRY.VANAGON.COM >Subject: Advice about how to deal with auto shipper damage >Date: Thu, 8 May 2008 23:58:27 -0400 > >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


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