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RE: cargo damage, who should pay?

landlift — Sun, 15 Nov 2009 14:17:19 GMT

It sounds to me that will fall under driver error.. he/she should have made sure that the load stays on the unit..

RE: cargo damage, who should pay?

TradewindsTransportation — Sat, 17 Oct 2009 08:19:23 GMT

GOOD! Wish it would happen more than it does. I just really don't understand what goes through these peoples minds, just bought $50k (and up) boat HEY this dude's $50 cheaper on transporting it, and that's as far as the thought process and research goes. The words for the driver, well I'll just leave those to your imagination.

RE: cargo damage, who should pay?

LGarrison — Fri, 09 Oct 2009 17:56:49 GMT

They will if they crash. I know of one that is now with $16,000.00 in fines in Wa State, info by WDOT officer.

RE: cargo damage, who should pay?

TradewindsTransportation — Wed, 07 Oct 2009 23:09:48 GMT

Illegal carriers with no inland marine transport insurance, what a joke! Who cares? Not the dude wanting to move their boat. As long as it is $50 cheaper than the the lower bid ,who cares? Oversize permits, ferget 'em, Go around the scales or run after dark! I see the deal, be cheap. Wanna gamble? Go to Lost wages, NV.

RE: cargo damage, who should pay?

LGarrison — Wed, 07 Oct 2009 21:10:31 GMT

I hope some of your questions help to save other shippers from illegal carriers.

RE: cargo damage, who should pay?

aakseki65 — Sun, 04 Oct 2009 21:32:53 GMT

I appreciate everyone's input. This whole experience has brought new questions to my mind that I wish I knew to ask before we started the process of hiring someone. Questions that would reduce our anxieties as this is our first experience in hiring a transport company. Luckily the damage was minimal, just as our driver told us. Jon was honest and took care of everything efficiently and professionally. Thanks Jon for being the best transporter! We would rehire you in a heartbeat.

JA

RE: cargo damage, who should pay?

1MeanDog — Sun, 04 Oct 2009 13:16:41 GMT

I'd suggest you listen a little more closely to the part about paying the carrier. Any losses you may suffer are separate issues from the carrier's payment for delivery. You cannot combine, mix, or mingle the two. You owe the carrier the full amount of your contract for transporting the item regardless of the condition you receive it. Recovery of any damages are a completely separate issue. If you fail to pay the carrier in accordance with your contract for transporting your concession trailer, the carrier has every right to refuse to release possession of it. Further he is well within his/her rights to take the trailer to a storage facility where you will be liable for additional mileage, storage fees, and redelivery charges. If you want your trailer, and the carrier insists, you have no choice but to pay the carrier according to your original contract. To attempt to withhold part of the payment, if the carrier disagrees, will only result more expense and problems for you.....not the carrier. Carrier's have legal rights too!

RE: cargo damage, who should pay?

aakseki65 — Sun, 04 Oct 2009 12:54:20 GMT

Actually thinking about it more, its will be a battle between the manufacturer and transport company insurance agencies. If the transport company has not held up his end by being fully insured, that's going to bit him, not us.

Meanwhile, we have to find out the cost to repair our concession trailer to new condition. That's where we have to protect ourselves. If the part is $50, then no big deal, we'll pay the guy for his service. If it's hundreds of dollars, plus the cost to install, we have a different scenario on our hands.

JA

RE: cargo damage, who should pay?

aakseki65 — Sun, 04 Oct 2009 12:42:51 GMT

Other transport companies are telling me to not pay him until the repairs are done. They wouldn't expect their customer to pay for the delivery of damaged goods.

????

It all depends on the extent of the damage. We have to protect ourselves too. Even if it was out of his control, the piece flying off, its still cargo that's under his responsibility.

I know insurance companies will get out of paying if they can. That's part of my worries too.

If he's not fully covered by insurance, then why should we pay? He lied to us about his ability to transport legally.

JA

RE: cargo damage, who should pay?

aakseki65 — Sun, 04 Oct 2009 12:35:18 GMT

If the damage to our cargo is minimal and his story looks to be true, should we accept the delivery? Problem is when the cap of the exhaust fan flew off our consession trailer, it hit a lexus and knocked off their rear view mirror. So there's another party involved in the incident and if Jon's insurance won't back him, then they could come after us?

JA

RE: cargo damage, who should pay?

1MeanDog — Sun, 04 Oct 2009 10:46:42 GMT

In answer to your original question referencing withholding of money from the transporter's (carrier) payment due......not advisable at all. Even if you suffer damages, the contract with the carrier is stand alone and the carrier would not have to deliver until paid in full...... assuming those were the payment terms. Your claim will be against the carrier via the carrier's cargo insurance policy.

Part of what the others are referring to about US DOT/MC numbers and insurance is the fact that if the carrier was registered with US DOT as a "for hire" carrier he would be required to maintain cargo insurance thereby providing you some degree of coverage against your losses. If the carrier was not a registered carrier with ACTIVE (authority) numbers and insurance as required for interstate transport of property, you may have a much more difficult challenge collecting anything for damages.

Also, if something "blew" off the trailer the carrier may not be liable for any damages. However, the carrier's liablity insurance (BIPD) should cover damage to the other car involved. The carrier will have to have been negiligent in some way to be liable for your damages, however you may still be liable to the third party if their damage was due to some parts failure or defect in your trailer.

RE: cargo damage, who should pay?

jrsrigmvr — Sun, 04 Oct 2009 10:17:47 GMT

Oh My! Another shipper got burned by a non dot compliant tsp. All this for $.63/mile. Somebody may be out of business before they even get started.

RE: cargo damage, who should pay?

hawgtrax — Sat, 03 Oct 2009 19:37:56 GMT

The Insurance companies job is to NOT pay... I don't care what they might say. If his authority is still pending then he is NOT authorized to operate as a legal carrier and no Ins, co. in the land is going to pay on a company who has not yet been fully authorized to operate. His numbers have to be posted on the Federal website as ACTIVE before he is allowed on the highway with anyones property FOR HIRE.

RE: cargo damage, who should pay?

Gatorman — Sat, 03 Oct 2009 17:40:01 GMT

Eric,

Ins. on file but his authority is pending....as of 10-03-09. How's that going to work?

RE: cargo damage, who should pay?

steelhorsetransport — Sat, 03 Oct 2009 17:09:21 GMT

Wasn't all that, ie: damage, insurance deductable, payment, outlined in the signed contract you have with the transporter?

RE: cargo damage, who should pay?

aakseki65 — Sat, 03 Oct 2009 16:10:45 GMT

waiting for your reply.

thanks!

RE: cargo damage, who should pay?

aakseki65 — Sat, 03 Oct 2009 15:30:30 GMT

who pays the deductible?

RE: cargo damage, who should pay?

aakseki65 — Sat, 03 Oct 2009 15:04:06 GMT

Sorry. I do see that he has both numbers for those. What does that do to help me in this situation?

Thanks!

RE: cargo damage, who should pay?

aakseki65 — Sat, 03 Oct 2009 15:01:29 GMT

Not sure. Please explain.

Thanks!

RE: cargo damage, who should pay?

hawgtrax — Sat, 03 Oct 2009 14:51:52 GMT

Quick ?

Does your transporter have a valid MC/DOT #

cargo damage, who should pay?

aakseki65 — Sat, 03 Oct 2009 14:35:22 GMT

We need advice. We have a transport company currently traveling to us with our newly made concession trailer. Two days ago the hood vent lid flew off and hit another car. He reported the accident to his insurance and we are waiting to hear the response regarding the claim. Meanwhile we need to know if we should hold some of the money we owe to the transport company in order to pay for our replacement item? Is it fair to expect him to cover the cost and get reimbursed by his insurance?

Thanks!
JA