Hot Rods New Poster New Car BIIIIIIG PROBLEM HELP!!!

Spoken like a true car guy!!

 

Don't just get a lawyer. Get a lawyer who will sue for big $ due to your emotional distress.

These guys took on a job they were completely unqualified to do, they destroyed your long sought and beloved antique car, and your mental anguish from that fact goes on today, and will go on for a long time to come. It's a protracted suffering and you should expect some real compensation just for that.

I hope you get the insurance plus sue the whole company right out from under them.

 

Sorry to hear of your loss btw. Dreaming and lusting has a way of leavin ya cold sometimes. Been there dude, to the tune of a few grand by now...


Posted using the Full Custom H.A.M.B. App!

 

One can only hope my man.....I'm going to keep the faith that everything turns out ok, just feel like an idiot.

 

You summed it up perfectly.

 

Sorry to hear of your troubles, troubles that should never have occurred. If you were given a phony bill of lading, there is definitely something fishy going on, maybe these folks were already in hot water for previous problems.
Hopefully a threatening letter from your legal counsel will encourage these folks to correct the problems.

---John

 

Don't panic too much till you consult a lawyer. They will let you know what recourse you have. That being said, I would contact the NYS Attorney General's office. Being as this involves interstate transportation of goods, there are some big time regulations and rules that will apply. They are easy to deal with, and can possibly give you better guidance, Phone call is cheap!-MIKE

 

The police were called to my house when the car arrived and a police report was prepared. I called the NYS attorney general, they advised me to call NJ attorney general that is where the company is based.

 

So far today this is what I've done, Contacted the U.S. DOT Federal Motor carrier safety administration and put complaints in against the transporter and the broker, I've contacted and made complaints to the BBB, The New York dept of state and the NYS D.O.T. as well as consulted with an attorney. I've made a claim against the transporters insurance company, I also made a Police Report with my local Department. I will keep everyone advised. Thank you for the help everyone!!

 

Good luck..

 

Simply amazing

 

Good luck. Hopefully everything gets straightened out. You're moving in the right direction with it

 

You are actually not in too bad a position . . . yes it does suck, but from an insurance standpoint you are on solid ground. I am a former insurance adjuster - don't take my advice as gospel, still consult an attorney, but hopefully I can shed some light on the subject.

In a situation like this, the big question is whose insurance company is on the hook. Yours, or the shippers. The point in question is negligence. Was there a negligent act on the part of the shipper that caused your damages. Now, most people will contend that since the shipper had Care Custody and Control of the car, he is on the hook. Not so fast. There has to be a negligent act.

An easy way to look at it is this - If the car (which I assume was on an open truck) was parked in a truck stop and a tree fell on it, your insurance is on the hook - the trucker did nothing negligent to cause the damage. On the other hand, if the car was improperly secured to the truck by the shipper, and the car moved (or fell off) the shippers insurance is on the hook. Improperly securing the car to the carrier was the negligent act that triggers coverage.

For point of information to the readers, this type of thing is also the case when you have your car at a shop for work. If someone tears down the wall and steals your car, it is on your insurance company. He was not negligent in securing the car. If the shop leaves the roll up door open overnight by mistake, his insurance is on the hook - he was negligent in securing your vehicle.

A couple of points to think about.

- Always insure a when you take ownership - before it is shipped. There are lots of bad things that can happen that won't be covered by the shippers policy.

- An attorney is helpful, but what is and isn't paid is pretty cut and dried. Find out what the adjuster for the carrier is thinking before you commit money to the attorney. You can negotiate a fair resolution. If you can't, you can always hire the attorney at that point.

- Sorry, but to the people who think you are going to get a big payout for distress etc. . . . isn't going to happen. There was no injury. No loss of use. No damages beyond the car. You are entitled to being made whole. Realistic is actual costs, plus whatever is necessary to secure another car of comparable condition. Also remember that should you choose to litigate the matter to the point of a courtroom, you are looking at a minimum of two years, and the current car will have to be left in its current condition as evidence.

Hope this helps - and happy to answer questions, but advice worth what you paid for it.

 

Hi. From someone very familiar with ebay policy I will offer the following info on vehiles sold via ebay motors.
Regular buyer protetion or money back gurantee does not apply to vehicles sold on ebay motors.
But ebay has a seperate vehicle protetion program BUT it does not cover vehicles more than 10 years old. For newer vehicles the buyer or the buyers agent MUST physically go to the vehicle & inspect it at the sellers location. Then as ALL vehicle sales are still considered non binding by ebay at that point the buyer can walk away & not pay or accept the vehicle if it does not meet their standards.

After the vehicle has been shipped on covered vehicles it must be ruturned at buyers expense before ebay will become involved with the vehicle protection on covered vehicles. Your 1948 car was not covered. Ebay is totally out of the picture on this.

Your complaint only concerns the shipper & no matter how expensive an attourney is you will get nowhere without one.

It will really come down to hire a Lawyer or take the loss most likely as it sounds like the shipper is in permanent denial.

Good luck, Jimmie

 

[QUOTE="Boatmark,

- Always insure a when you take ownership - before it is shipped. There are lots of bad things that can happen that won't be covered by the shippers policy................................................................................Excellent advice right there.

 

I can tell you why its a problem today , there are many Illegal transporters running around with what we call fake flags ( no authorities ( required in some states still like Illinois for intrastate transport ) ,no Dot numbers ( for interstate transport ) . no cargo Insurance , or running under someone elses numbers and name and getting paid cash on delivery and do not accept checks) or out there running around because they own a trailer and a dually and they claim as not for hire ( claim its there car they just bought if its a single , or own a car lot if its a multiple ) , when they actually do haul for hire , it got worse since 2008 when unemployment hit ,
and the laws would only get the guy a ticket , instead of a out of service and arrest if they had no brokerage/carrier documents ( not no more In Illinois , no papers , off to jail and truck gets impounded )
( was in the trucking business for 25 years and seen it happen to my freinds and had someone try to run and collect payment under my DBA and ICC/MC DOT numbers 's who was not signed on as a broker )

many brokerages do not check the credentials of the the transporters either before giving them the load and often do not care as they get paid either way . as they try to get the customer by the balls without the customer knowing his legal rights ( either refuse the car and they put a lein on it and you have to go to court and hope they do not illegally part it out or cut it up and sell it for scrap in the mean time ( what they call loose the car in storage ) or damage it more to the point of scrap , or pay them and accept a damaged vehicle and then try to sue them . ( most take the second choice not knowing there rights and the transport laws )
many states are now cracking down on this illegal business but many honest guys who run legal get harassed in the process .but like when I got pulled over it protected me and my company as they ( state PD) checked my credentials which protected my business .

 

Good info on E-bay.

Disagree on your last line. The OP has stated he has filed the claim with insurance carrier for the shipper. The discussion is now between the OP and the insurance carrier - the shipper has no say in the matter.

And as point of interest - Adjusting claims is about the law, and the contract of insurance (the policy) - attorney, no attorney, doesn't much matter to us. The illusion that an attorney is going to get you something you can't get on your own, is just that. Especially on a low value claim such as this.

 

one way to protect yourself is ask the broker what the transport companies DOt number is before allowing them to ship it , if they do not have it on file ( which is a flag ) stop the process and get your own transport co.

 

[ QUOTE="Boatmark, post: 10478491, member: 174368"]

And as point of interest - Adjusting claims is about the law, and the contract of insurance (the policy) - attorney, no attorney, doesn't much matter to us. The illusion that an attorney is going to get you something you can't get on your own, is just that. Especially on a low value claim such as this.[/QUOTE]


but as we say in the transport industry when it comes to things like this is , a lawyer walks the walk talks the talk and plays golf with the judge on wendsdays , and not Knowing the terms or the proper wording and proceedures can make or break you in a court of law most people do not know law and the leagalities of interstate commerce .

 

No compensation for his anguish, distress, lost effort, and loss of use & enjoyment for perhaps 2 years?

Something's not right in this universe.

 

Thank you very much...Very insightful, In your opinion would it be better for the car to be seen by an adjuster at my house or at a body shop, I feel as though it is seen at my house they will try to undercut me on the damage.

 

The right lawyer is invaluable in more situations than not. The problem is finding that right lawyer, a personal reference goes along way towards that- forget the yellow pages.

 

Yeah, it's not like the transporter dropped somebody's wife off the truck - he dropped the guys car!

 

Damn, sorry to hear this. Hoping the insurance folks make this right for you.

It wasn't that kid from Shipping Wars, was it?

 

One question.. Who's check paid the transporter. I had something like that happen once. If the sellers check paid the shipper it "may" become his responsibility to provide you your item in the described condition. If he paid cash you are out.

 

Clearly your priorities are equal to mine. It's easier to find a new wife than a good '48 ford.

 

If it's at the body shop & they're liable, they're also liable for the storage fee. They'll want to move it out/through the shop ASAP.

 

In my dealings with insurance & adjusters they will state that if you find concealed damage give them a call & they will reopen your claim. This was told to me by two different insurance adjusters. Your state may be different so check with them for the correct info in your case.