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Category: Legal
Satisfied Customers: 57693
Experience:  Licensed attorney helping individuals and businesses
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Bill, 2 days ago I received another denial of a claim from

Customer Question

Bill, 2 days ago I received another denial of a claim from UPS for a second, earlier, shipment I made with them (than the one you previously advised me about). This time it was for a Venetian crystal, cut glass chandelier I bought 3 years ago from the factory in Murano, Venice, Italy. The chandelier had been shipped from the factory in Italy to my home in Reno, NV. When it arrived I unpacked it only a little to make sure all was in good order, as it was. I never unpacked more than a couple of pieces and then replaced all packing and pieces until I shipped it this past May from Reno to Vermont. When I shipped it I tried to make sure all packing was in good order but did ask the local UPS store to add a couple of pieces of styrofoam popcorn to the box to ensure its safety in shipping. When it arrived one of the irreplaceable parts was broken. I had insured it with UPS for $5,000 that I later realized may have been too much and told them so at the beginning of my claim with them. Perhaps it was actually worth $2,500. They have denied the claim based on shipping materials used to ship from Reno to Vermont. But it was shipped all the way from Italy to Reno without breakage, and was good enough for international shipping from an exceedingly reputable company that I find it hard to believe was not good enough for domestic shipping.
On my previous claim with them you recommended that I demand payment in full ($2,500), and if I get no satisfaction that I take them to small claims court here in Vermont. I wonder what your advise to me in this second incident is. Please advise.
Submitted: 1 month ago.
Category: Legal
Expert:  INFOLAWYER replied 1 month ago.
You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way. If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage. By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement! Please let me know if the reply is acceptable by responding "yes" or "acceptable"
Expert:  INFOLAWYER replied 1 month ago.
Awaiting your reply, thank you!