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

Asked almost 3 years ago - 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)

  1. Jonathon Lee Farnsworth

    Contributor Level 8

    Answered . 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-... more
  2. Bryant Keith Martin

    Contributor Level 18

    Answered . 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... more
  3. Barbara I Berschler

    Contributor Level 11

    Answered . 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... more

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