My question involves insurance law for the state of: California
We had a shipment came back directly from a tradeshow. It's a 1-year old 84" 4K touchscreen. When the box came back, the pallet was totally broken but the black wrap wasn't too bad. We had quite a few items in that shipment and didn't thought too much but just took a few photos of the condition including the delivery truck and delivery guy and took the package as is. Couple days later we unpacked it and found the 4" stud frame inside of the box was broken and seems something penetrated the box and hit the backboard badly. The screen wasn't broken -- it's gorilla glass protected, but it's not lighting up.
We used UPS as 3rd party insurance and filed claim right away back in June. They sent inspector 2 weeks ago. Yesterday they sent an email saying they want to decline the claim. They said the TV wasn't damaged in the transition! After another call, they said if I can send it back to manufacture and get repair value they will re-evaluate it -- this is over 300lb and box was damaged. They didn't want to pay shipping and box as well. Shipping agent recommends small claim, which only has $5000 cap. Today we talked with UPS again and they now offer 50% of the value because:
We didn't try to get a local repair guy because it's a highend unit and touchscreen. I need to send back to manufacture to know if it's repairable. We wonder if anybody would get us some recommendation in general practice:
This is very annoying because we pay insurance on all shipment. Many times insurance is more expensive than the shipping. It seems too easy for UPS to just decline a claim by saying it's not damaged in transition.
Thanks in advance.
We had a shipment came back directly from a tradeshow. It's a 1-year old 84" 4K touchscreen. When the box came back, the pallet was totally broken but the black wrap wasn't too bad. We had quite a few items in that shipment and didn't thought too much but just took a few photos of the condition including the delivery truck and delivery guy and took the package as is. Couple days later we unpacked it and found the 4" stud frame inside of the box was broken and seems something penetrated the box and hit the backboard badly. The screen wasn't broken -- it's gorilla glass protected, but it's not lighting up.
We used UPS as 3rd party insurance and filed claim right away back in June. They sent inspector 2 weeks ago. Yesterday they sent an email saying they want to decline the claim. They said the TV wasn't damaged in the transition! After another call, they said if I can send it back to manufacture and get repair value they will re-evaluate it -- this is over 300lb and box was damaged. They didn't want to pay shipping and box as well. Shipping agent recommends small claim, which only has $5000 cap. Today we talked with UPS again and they now offer 50% of the value because:
- The tv was used for a year
- I asked them if we can find a solution in the middle. So they proposed 50% of the cost.
We didn't try to get a local repair guy because it's a highend unit and touchscreen. I need to send back to manufacture to know if it's repairable. We wonder if anybody would get us some recommendation in general practice:
- Should we fight for the full amount -- if this is an easy process it would be our first choice but I really doubt.
- Or should we take the 50% and try to fix it?
This is very annoying because we pay insurance on all shipment. Many times insurance is more expensive than the shipping. It seems too easy for UPS to just decline a claim by saying it's not damaged in transition.
Thanks in advance.
Other Insurance: Ups to Decline a $20,000 Shipping Damage Claim
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