I haired a IL based trucking company to transport some items from TX to IL. The items were severely damaged in transit and now the trucking company is refusing to file a claim. I feel the claim should be filed and the insurance company should do its due diligence and they should be the ones to determine if the claim will be paid. How do I get the trucking company to at least file the claim?
It sounds as if your claim is against the trucking company rather than the insurance company. If the trucking company is obligated to compensate you, and they refuse to do so, you may need to sue the trucking company.
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I agree with Mr. Moens and suggest you might also wish to file a claim with your homeowners carrier who might also be ble to go against the trucking company. This would only be possible if you were shipping personal items but if you were shipping business items, file a claim with your busoiness carrier.
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I agree that based on your description, the claim is against the trucking company. You should review the documents you signed with the trucking company which should describe the claims procedure and then follow those rules. If no rules or procedures are specified, then you should formally submit the claim, with all supporting documentation. If you know the identity of the insurance company, you should also forward that company a copy of the letter to the trucking company with the same documentation. If you are uncertain or the claim is large, you may want to consult with an attorney whose practice is concentrated in business law.
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