auto transport damage
- Thread starter SIXBANGR
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they better be insured and bonded. They should take care of any damage.
Was there a pre-load inspection and then an off-load inspection?
Was the damage witnessed or did it happen during transit.
if there are no inspections, it's one persons word against another. Could get ugly.
They need proof of condition prior to shipment, and then when it was dropped off.
Who was it? Well known carrier?
MOST IMPORTANTLY....was the car signed for before coming to an agreement about what was to be done about the damage? If so...SOL
Was there a pre-load inspection and then an off-load inspection?
Was the damage witnessed or did it happen during transit.
if there are no inspections, it's one persons word against another. Could get ugly.
They need proof of condition prior to shipment, and then when it was dropped off.
Who was it? Well known carrier?
MOST IMPORTANTLY....was the car signed for before coming to an agreement about what was to be done about the damage? If so...SOL
I signed off when it left here. Truck was rough. They ripped a hole in the right front tire, busted the mirror and scrapped the whole right side. He got it last night, don't know what he signed off on. The co was Lone Star Car Transport out of Abilene.
SS/GN
Well-Known Member
- Joined
- Jun 30, 2005
- Messages
- 2,874
I had a problem ,not that bad though.
Flat tire,mud in wheel wells and overheated the motor(did not turn on fan as told):frown:The company should come to the table or they can be reported to the trucking assoc in your state or country.Most don;t like insurance issues as their rates are high enough.Good luck keep us posted.
Kevin
Flat tire,mud in wheel wells and overheated the motor(did not turn on fan as told):frown:The company should come to the table or they can be reported to the trucking assoc in your state or country.Most don;t like insurance issues as their rates are high enough.Good luck keep us posted.Kevin
get their inurance company info or pm me your phone number we own a trucking company i will tell you the process how to file a claim.
they are a load broker. After reading their EULA I wouldn't use them to transport a turd to a toilet.
Right here is exactly why I would have walked at the begining:
"The customer agrees that his/her vehicle is insured and his/her insurance has primary responsibility. "
So being a broker, they are not even .00000001% liable for damages, but rely on the actual sub contracted trucker to have his/her own liability insurance. The majority of any damage is covered by your own insurance....which I believe is slightly illegal. All carriers must have minimum liability insurance and be bonded to be "for hire". Whether they were hired by you or contracted by a broker.
Give him a copy of their terms and have him present it to his insurance company for review.
Here's a copy:
The transporter will not be responsible for any damages not resulting from transporter negligence.
The customer verifies this vehicle is free of contents.
No delivery time is guaranteed. All delivery dates and times are only estimates of normal deliveries (delays may occur). Transporter does not agree to transport shipment in time for any particular market or event and will not be responsible for loss or damage occasioned by unavoidable delay. There are absolutely no guarantees made, expressed or implied, regarding delivery times or dates.
No auto rental will be honored (for delays, damage or accidents).
The transporter will not be responsible for damage caused by leaking fluids (battery acids, brake systems, cooling systems, anti-freeze solutions), industrial fall-out and acts of God.
The transporter will not be responsible for damage caused by freezing or engine, cooling system, and/or batteries.
The customer is responsible for properly preparing their vehicle for inspection (washing vehicle, removing mud, dirt, snot, etc.). The transporter is not responsible for scratches, pant chips, pits, etc. which are not visible at time of inspection due to poor preparation of vehicle by customer or due to poor visibility (rain, darkness, snow, etc).
The customer is responsible for preparing their vehicle for transport. All loose parts, fragile or protruding accessories, low hanging spoilers, etc., must be removed and properly secured. Any part of the vehicle that falls off during transport is the customer’s responsibility including damages caused by said part to any and all other vehicles involved.
The customer is responsible for completely disarming any alarm system installed in the vehicle. The customer must provide keys to any alarm system. In the event the car alarm sounds the transporter is required to silence the alarm by any means the transporter or transport driver deems reasonable and effective.
The transporter will not be reasonable for any mechanical function damages to including engine, transmission, rear end, motor mounts, drive trains, wiring systems, cooling systems, window motors, radios, stereo systems, power steering, air bag, brake cable or brake system, clutch cable or clutch, engine tuning, vehicle computerized systems, alarm systems, and switch, alignment or suspension, etc. (anything that is mechanical or electrical).
The transporter will not be responsible for any exhaust system, mufflers, or tail pipes. No exceptions.
The transporter will not be responsible for convertible tops that are loose, torn, or have visible wear. The transporter will not be responsible for vehicle boots, caps, masks, bras, or any other type of canvas or material covering. No exceptions.
The vehicle owner or customer shall, in their absence, designate a person to act as their agent at the point of pickup and/or delivery, if for any reason they are unavailable.
The transporter will inform the customer prior to delivery. It is the customer’s responsibility to have the full payment when the transporter’s driver arrives. In order to affect pickup and delivery, the customer agrees to meet the transporter’s driver at any specified timer and place. No exceptions.
All payments for transport must be in the form of a cashier’s check. The customer agrees that if the payment cannot be made by cashier’s check, the vehicle will be stored at the customer’s expense. Should the customer be unable to accept delivery for any reason, the vehicle will be placed in storage. Any and all storage and/or delivery charges will be the responsibility of the customer.
Cost or expenses, including towing or repair charges, resulting from malfunction of auto.
The customer agrees that his/her vehicle is insured and his/her insurance has primary responsibility.
All claims will be settled at actual cost.
The customer agrees that this is the only contract between the parties governing this transport and not other agreement or contract is in effect. No claim or legal action of any kind may be initiated against transporter’s agent(s) or the transport broker (if any). Claims for damage must be made to the transporter.
Exceptions for damages must be noted on the Bill of Lading at time of delivery. A claim for damage not documented on Bill of Lading will not be honored. All claims must be made in writing within 15 (fifteen) days of delivery with a statement of specific damages claimed. All claims subrogation, litigation, or legal action must have right of venue in the state of Texas, count of Dallas, in the municipal court.
Driver of carrier will not be responsible for any contents in any vehicle.
If any provision or par of this ag reement is held to be invalid or unenforceable, all other parts of this agreement remain in effect. Carrier’s responsibility for the described vehicle commences with this Bill of Lading is issued and signed by the driver and terminates when designated vehicle is signed for at destination.
Hope this helps....I am not a fan of load brokers. Neither are most truckers, but they are a necessary evil right now.
Right here is exactly why I would have walked at the begining:
"The customer agrees that his/her vehicle is insured and his/her insurance has primary responsibility. "
So being a broker, they are not even .00000001% liable for damages, but rely on the actual sub contracted trucker to have his/her own liability insurance. The majority of any damage is covered by your own insurance....which I believe is slightly illegal. All carriers must have minimum liability insurance and be bonded to be "for hire". Whether they were hired by you or contracted by a broker.
Give him a copy of their terms and have him present it to his insurance company for review.
Here's a copy:
The transporter will not be responsible for any damages not resulting from transporter negligence.
The customer verifies this vehicle is free of contents.
No delivery time is guaranteed. All delivery dates and times are only estimates of normal deliveries (delays may occur). Transporter does not agree to transport shipment in time for any particular market or event and will not be responsible for loss or damage occasioned by unavoidable delay. There are absolutely no guarantees made, expressed or implied, regarding delivery times or dates.
No auto rental will be honored (for delays, damage or accidents).
The transporter will not be responsible for damage caused by leaking fluids (battery acids, brake systems, cooling systems, anti-freeze solutions), industrial fall-out and acts of God.
The transporter will not be responsible for damage caused by freezing or engine, cooling system, and/or batteries.
The customer is responsible for properly preparing their vehicle for inspection (washing vehicle, removing mud, dirt, snot, etc.). The transporter is not responsible for scratches, pant chips, pits, etc. which are not visible at time of inspection due to poor preparation of vehicle by customer or due to poor visibility (rain, darkness, snow, etc).
The customer is responsible for preparing their vehicle for transport. All loose parts, fragile or protruding accessories, low hanging spoilers, etc., must be removed and properly secured. Any part of the vehicle that falls off during transport is the customer’s responsibility including damages caused by said part to any and all other vehicles involved.
The customer is responsible for completely disarming any alarm system installed in the vehicle. The customer must provide keys to any alarm system. In the event the car alarm sounds the transporter is required to silence the alarm by any means the transporter or transport driver deems reasonable and effective.
The transporter will not be reasonable for any mechanical function damages to including engine, transmission, rear end, motor mounts, drive trains, wiring systems, cooling systems, window motors, radios, stereo systems, power steering, air bag, brake cable or brake system, clutch cable or clutch, engine tuning, vehicle computerized systems, alarm systems, and switch, alignment or suspension, etc. (anything that is mechanical or electrical).
The transporter will not be responsible for any exhaust system, mufflers, or tail pipes. No exceptions.
The transporter will not be responsible for convertible tops that are loose, torn, or have visible wear. The transporter will not be responsible for vehicle boots, caps, masks, bras, or any other type of canvas or material covering. No exceptions.
The vehicle owner or customer shall, in their absence, designate a person to act as their agent at the point of pickup and/or delivery, if for any reason they are unavailable.
The transporter will inform the customer prior to delivery. It is the customer’s responsibility to have the full payment when the transporter’s driver arrives. In order to affect pickup and delivery, the customer agrees to meet the transporter’s driver at any specified timer and place. No exceptions.
All payments for transport must be in the form of a cashier’s check. The customer agrees that if the payment cannot be made by cashier’s check, the vehicle will be stored at the customer’s expense. Should the customer be unable to accept delivery for any reason, the vehicle will be placed in storage. Any and all storage and/or delivery charges will be the responsibility of the customer.
Cost or expenses, including towing or repair charges, resulting from malfunction of auto.
The customer agrees that his/her vehicle is insured and his/her insurance has primary responsibility.
All claims will be settled at actual cost.
The customer agrees that this is the only contract between the parties governing this transport and not other agreement or contract is in effect. No claim or legal action of any kind may be initiated against transporter’s agent(s) or the transport broker (if any). Claims for damage must be made to the transporter.
Exceptions for damages must be noted on the Bill of Lading at time of delivery. A claim for damage not documented on Bill of Lading will not be honored. All claims must be made in writing within 15 (fifteen) days of delivery with a statement of specific damages claimed. All claims subrogation, litigation, or legal action must have right of venue in the state of Texas, count of Dallas, in the municipal court.
Driver of carrier will not be responsible for any contents in any vehicle.
If any provision or par of this ag reement is held to be invalid or unenforceable, all other parts of this agreement remain in effect. Carrier’s responsibility for the described vehicle commences with this Bill of Lading is issued and signed by the driver and terminates when designated vehicle is signed for at destination.
Hope this helps....I am not a fan of load brokers. Neither are most truckers, but they are a necessary evil right now.
stack1
Senior Stacker
- Joined
- Oct 7, 2006
- Messages
- 1,784
In a situation like this, it's best to just go through your own collision coverage. Your insurance company will go after everyone for repayment. It sucks to have to pay the collision deductible, but hopefully they get it back quickly.
