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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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I had a claim denied by UPS..REASON was improper packaging

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I had a claim denied by UPS..REASON was improper packaging by me..They never did a physical inspection of the damage..I wasn't made aware of the insurance policy until after the fact..I was told I signed a realease - which I did not and they can not find. The package was double boxed with tons of bubble wrap-foam peanut..taped with regular shipping tape and duct tape..If was obvious the box was dropped from a substancial distance. I paid my money for insurance - that was worthless..The package was well with-in their weight limit..What is my next course of action?
Submitted: 4 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 4 years ago.
Then your next course of action would be to sue UPS for negligence in handling the package and liability under the insurance you purchased. Since the receiver of the package did not take pictures of the packaging itself, said person may need to be called as witness to testify on your behalf. If the amount of damages was valued at $7,500.00 or less you can file a small claims action if the UPS store was located in California.





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Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 4 years ago.

he did have pics of "some" of the packaging...but not enough..the replacement value on the contents was $3000 BUT I insured it for $1125 which was the value of what it sold for on eBay...How do I sue the UPS store? He is claiming he is a 3rd party and that it was UPS' fault...UPS rep. is saying it is on the store. What now?

Expert:  Attorney & Mediator replied 4 years ago.
You can only sue for the damages sustained, which means only for the out of pocket expenses, not the replacement value since that is not what you paid for it. What you need to do is name both the seller and UPS as defendants since each one may have possibly contributed to the damages. From there, you let UPS and the seller present their case to the court. The court is likely to split liability to both parties if each one was negligent in handling the packet. You can sue by filing one court action and naming both parties, then let the court decide liability against one or the other or against both in term of percentages of negligence.


_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 4 years ago.
I am the seller..That is how I know for a fact how it was packaged..plus I mailed it thru ups which they never had me sign any kind of disclaimer for self packaging..I am trying to recover damages for my customer..To sue myself would not be a great idea.
Expert:  Attorney & Mediator replied 4 years ago.
Okay, then something is not very clear. You said the following:

He is claiming he is a 3rd party and that it was UPS' fault...UPS rep. is saying it is on the store.


Please clarify who is "He" claiming he is a third party is this an agent of UPS?

Customer: replied 4 years ago.
Sorry..."He" is the owner of the UPS store from which I shipped the package. He is removing himself from having anything to do with the responsibility. The UPS reps are saying the store is where I need to be making my appeal.
Expert:  Attorney & Mediator replied 4 years ago.
I see. First, some UPS stores are franchises, which means liability can be cut off to only the store owner instead of the corporation itself, depending on the franchise terms. I would suggest contacting the UPS franchise division to see if they can tell you if he owner is individually owned.

http://www.theupsstore.com/franchise/fraopp.html


If they both continue to dispute liability, then I would proceed in filing suit against both UPS owner and UPS and have each defendent displace liability on the other. Both can be liable if both took responsibility to handle your package. If UPS is offering their services for use by local franchisees, they can be made liable unless their franchise agreements solely places liability on the franchisee.


Hope this helps.




_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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