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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 115495
Experience:  Attorney experienced in commercial litigation.
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I have a small interstate cargo claim on some damage

Customer Question

I have a small interstate cargo claim on some damage aluminum coils. Carriers claims adjuster Crum & Foster, R***** *****, said he believes that his clients driver did not hit his brakes hard and it's the shippers fault that the freight moved forward, even though at the bottom of the bill of lading it states "DRIVER RESPONSIBLE FOR BLOCKING BALANCING AND SECURING LOAD" This carrier handled 18 loads year to date and this is the only one with damage. Amount $5,147.57. Also I have a signed contract with carrier that states he would hold harmless R & K Logistics & they would be responsible for any claims and court costs and attorney fees. I'm wondering since this is a small claim if I just should go to small claims court?
JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?
Customer: This is in Cook County Illinois -
JA: Has anything been filed or reported?
Customer: Not yet I was giving carrier opportunity to pay before I went to court
JA: Anything else you want the lawyer to know before I connect you?
Customer: just would like to know if I should hire an attorney or just take it to small claims court in Rolling Meadows, IL
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, you can go to small claims yourself without an attorney in IL for any claim under $10,000. So you can pursue them for breach of contract and the damage to the cargo caused by their shipping. Small claims court is the exception to the general rule that a company must be represented by an attorney, so you can go to court in small claims for small claims actions without any attorney.
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