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Our business sometimes has damaged to merchandise caused by our trucking company. Sometimes they pay claims, sometimes they don'

Merrifield, MN |

Our business ships goods across the 48 states. We use an outside trucking/shipping company. When goods are damaged we submit a claim. Sometimes the trucking company pays, other times they don't. Do we have any legal remedy?

Attorney Answers 3

Posted

You probably don't have a practical legal remedy. Why haven't you changed carriers?

DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com

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Posted

If this is a serious enough problem, you may wish to take insurance out to cover the expenses you have to pay to make the merchandise good for your own customers.

Going to another carrier may be your best option, if that is really possible.

LEGAL DISCLAIMER: Please note that this comment does not constitute legal advice nor has an attorney-client relationship been created.The law may vary depending on the state in which you reside or the jurisdiction where the activity took place. This comment is intended only to give some direction in which to seek further guidance. If you think my post was helpful, please check the thumbs up tab located below.

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Posted

Your remedy most likely is contractual. If you have a contract with the company, look to the terms of your contract. If you don't have a contract with the shipping company, you should seek to obtain one. As part of the contract, you can then negotiate whatever remedies you deem appropriate subject to the shipping company's approval. Note: the greater liability you seek to place on the shipping company most likely means that your cost of shipping will go up.

The information provided herein is for informational purposes only and is not intended to create an attorney-client relationship or provide legal advice.

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