if my goods are stolen in shipping, and it is clearly the fault of the shipping company, do I have to pay the bill in order to have the shipping company process my insurance claim?
details: shipping internationally. thousands of dollars of stolen goods, but not all were stolen. boxes arrived empty of goods, filled with paper.
2006-08-17 13:06:50 · 5 answers · asked by anotherpiece 1 in Politics & Government ➔ Law & Ethics
The shipping company agreed that the goods were stolen in transit by their contractor but said the insurance claim can't go forward until the bill is paid.
2006-08-17 13:22:23 · update #1
What bill are you talking about? If it is the insurance bill, you bet you have to pay it. If it is the bill for the transportation, maybe you need to pay it, maybe not.
You did not express what mode of transport was being used. Was it air, ocean or overland, motor or rail? Each mode has its own rules and they can be strict. An international movement can be a combination of any or even all of the above, and it is not always clear which rules apply. Start with the shipping contract, the bill of lading to determine the parties and their obligations.
You must file a claim within a specified period of time and perhaps in a particular way and it varies by mode.
Different modes also have different liability limitations. You need to review the language on the bill of lading and whatever other documents are incorporated by reference, such as a carrier tariff.
Yeah, this stuff can get pretty arcane.
Who is processing the claim? The carrier (air, ocean, rail or motor), some sort of intermediary like a broker or forwarder, or an insurance company.
Each party has different obligations, duties and requirements.
If you had insurance and documented the claim, they should pay you and then they have the right to subrogate the claim, that is they then sue the carrier. There are lots of cases on these issues between insurance companies and carriers.
It is essential to comply with the insurance company rules on claims so as not to give them an excuse not to pay.
If you are dealing with a carrier you also must comply with the claim filing requirements. Do not rely on verbal communications. Document everything.
If you are dealing with a third party, such as a broker or forwarder, they may not even be liable for the loss and you could be wasting your time, particularly if some filing requirement is not met while they putz around. Depends on mode and any contract that might exist.
It is generally federal law (or international treaty) that governs this type of claim, and it is probably worth your while to hire counsel familiar with these types of matters.
Good luck.
2006-08-17 16:03:55 · answer #1 · answered by Steve Wood 3 · 0⤊ 0⤋
That's a standard. Usually the insurance bill is so much less than the value of the object you are shipping. Is it this way in your case. If so, pay it, and recover some loss, or don't pay it and take the whole loss. Yeah. It sucks. Sorry that happened to you.
2006-08-17 15:21:11 · answer #2 · answered by ihaftaknow 3 · 0⤊ 0⤋
I wouldn't. I would contact my lawyer right away and look at having the shipping company pay to have the items replaced. This is basically suing the company so if you are against that, which many people are then I don't know what to tell you. Good luck!
2006-08-17 13:15:15 · answer #3 · answered by Narticia 3 · 0⤊ 0⤋
How exactly did you reach the conclusion that is "clearly the fault of the shipping company"? You haven't exactly made a compelling case for your argument.
2006-08-17 13:15:58 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
don't beleive them, if you were buying something and you never got it, never pay. esp internationally.
2006-08-17 13:28:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋