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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello, I had my S430 Benz shipped from San Diego to VA in March

Customer Question

Hello, I had my S430 Benz shipped from San Diego to VA in March and it got delivered to me with a damaged bumper. I tried to do the right thing by filling out paperwork and even went through thier insurance Co. I just got off the phone with the insurance co on thier end and he was very hostile and said it was pre-exsisting!! wow Im soo mad because no one ever had the guts to contact me I always had to call and the company is in Palm Springs and I'm in Fredericksburg VA, will this be too hard? The cost to fix bumper is $1,695.00
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

Did you purchase this vehicle or did you simply ship it? Did you take images before the car was shipped and after? Who damaged the vehicle, the shipper?
Customer: replied 11 months ago.

Hello, I just shipped it and I did take photos of the sides and when he loaded it. When it got delivered on March 31st the driver said he picked it up like that. The local driver picked it up on March 21st in San Diego and he told me that it would go onto a bigger hauler off rout 215 so Im gussing ( I dont like to guess ) it got damaged anytime when it left San Diego. I got a BOL, (Bill of Lading) and it clearly shows my pre existing scratch but when it got delivered to me it has a chunck missing and new scratch and when I took to the Benz dealer he even said " you can tell another cat hit mine on the hauler" you can still see the outline of it

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up, Pamela.

In that situation whomever had physical control of the vehicle is liable for damages. The shipper ends up being liable for any transit damage that they caused, or through negligence or inaction was caused to the item in their care. If they are failing to cover this damage, consider filing in small claims against them in the state where they maintain their offices, since that state would always have jurisdiction over your claim. You may potentially add multiple defendants as parties if multiple companies were involved in this injury, or you are not quite sure who specifically caused the harm but the harm took place while the vehicle was in their care. It may well have been when they moved the vehicle from one hauler to another, but that is not your problem or concern--they cannot damage your property, which entitles you to sue for repair costs and losses.

Good luck.

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