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Damage From Carrier; Won't Pay...


Bruce49

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To anyone that is planning to ship their car listen up...

 

Make sure you go through a Carrier and not a Carrier Broker. Currently by law, the broker is liable.

 

I bought my KR from Flemnigton Ford in NJ. Picked a 'carrier' because he said he had trucks in Newark that made 3-5 trips per week to Houston.

 

Three weeks later...the car shows up. While it's being pulled off the carrier from the top level, the front CF lip gets caught on the track 'cleats' and does some damage to the lip. CF looks like fine white hairs when it gets shreaded.

 

When I called the broker, he said not his problem and to take it up with the carrier. Now the carrier is saying I should have told them the STOCK KR was 'lowered', I should have used a closed carrier and this would not have happened, he doesn't have $700 to replace the lip, etc., etc.

 

Had the bank recind the funds. Now the broker is threatening a lein and/or repossessing the car.

 

From what I have managed to find out is that brokers are required to have insurance or a bond in effect in the event the carrier pulls this crap.

 

I'm temped to purchase a replacement lip and send the damaged piece and the difference to the broker as payment...

 

This is a trip!

 

Anyone have experience with nonsense like this?

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I had my dealer take my CF splitter off the car before shipping. I hope you can get this worked out. Be firm in your stance. SAI recently sold a KR splitter on Ebay for around $800. If I recall, it was a takeoff part with minor flaws though.

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I am not a lawyer but would suggest taking both the carrier and the broker to small claims court and get a judgment against both of them. Have the dealer sign a affidavit that there was no damage when the car was picked up. Document everything and bring all forms of communications you've had with the carrier and broker. Build your case, head to the courthouse and present it to a judge. You don't need a lawyer just the facts small claims court. This way you are protected and all legal. Depending on the cost of shipping vs. the replacement splitter, the judge could call it a wash since you stopped payment. And if the carrier and or broker don't show up for court, you win. Let us know how it turns out. Good luck!

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A like splitter from a SS is the same as on the KR. It sells for $900. I could go for the scalloped edge version for $700. But I won't. The car was not damaged when it was sold. I should not have to receive a damaged front lip and be asked to live with it. Carriers have insurance and so does the broker (kinda like a bond) should the carrier not or can't pay.

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A quality shipper knows how to handle a car with low profile, as many cars for the past few years have this challenge. All the Boss and Shelby cars that I have seen delivered new to the dealers came on single transporter trucks from the docks here. Most reputable auto carriers have ramp extensions for loading and unloading. A responsible carrier would have checked the car clearance before loading and accepting the shipment.

 

An attorney can advise you. Sometimes all it takes is a letter with an attorney's letterhead to make the shipper pay through insurance, or for something less than a couple thousand on a claim, pay out of pocket to avoid a rate in their insurance premiums. Make sure that the claim includes your legal fees.

 

Good luck. :cool:

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When I called the broker, he said not his problem and to take it up with the carrier. Now the carrier is saying I should have told them the STOCK KR was 'lowered', I should have used a closed carrier and this would not have happened, he doesn't have $700 to replace the lip, etc., etc.

 

 

All that goes out the door once they accepted the car. If this was a concern of the carrier then they should have not accepted your car but because they did they took responsibility for any damage.

 

You have the upper hand which is surprising since most carriers request cash or a cashier check on delivery so that the owner doesn't get the upper hand but I should add that if the cost of transportation was more than the cost of the splitter then you need to get that money back to the carrier ASAP. For example if the transportation was $1500 and the splitter replacement is $700 then you need to get $800 back to the carrier right away as they would have a case to sue or put a lien on your car, that's if a lien is even possible.

 

You may also want to consult with your insurance company to see what options are available there.

 

Steve

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  • 2 weeks later...

A like splitter from a SS is the same as on the KR. It sells for $900...

 

While that splitter looks like the KR splitter, from what I understand, it may not be exactly the same. Not sure if that matters to you or not, but you may want to read through this thread:

 

http://www.teamshelby.com/forums/index.php/topic/85652-these-are-ss-splitters-whatever-you-may-believe-they-are-not-kr-knock-offs/

 

.

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I got my money back from the credit Union. Pleaded case. They agreed. New SS type on now.

 

Btw, it clears a parking lot barrier by 3/4". The barriers are exactly 6" tall. Used a dollar bill as measuring stick. A dollar is exactly 6" long.

 

Now I wait for any fallout by broker or carrier. The price to the door was $1055. Shipping was $1150. My time to remove and replace: priceless. We're even imo.

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  • 2 weeks later...

This was/is the final outcome: Turns out the CU returned the funds. They apparently do this REGARDLESS of the reason. Once the committee got it, they realized they do not get involved in disputes of this nature and returned the funds.

 

This led me thinking about small claims court. The law states that I can file a claim against a company out of state IF the company does business within the State of Texas. But this may only apply to the carrier who is bankrupt. Regarding the asshole broker, the law again states that if the carrier cannot pay, the broker is required to have sufficient bond to cover this kind of crap.

 

I need to investigate how much of a hassle this might be if I decide to pursue.

 

BTW: there is a bill on the house floor (been there a while I understand) that specifically addresses this issue making the BROKER liable regardless of whoever they contract through. But, that does not help me now.

 

Still thinking about it. My only saving grace in all this is the carrier is no longer licensed to transport and has no insurance to transport. THIS makes it the broker's problem and that is the prick I would really like to burn!

 

I'll let you know what happens next in Peyton Place...

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