Just went through this with buying a car on Ebay. Found out some very interesting information.
All auto/truck transport carriers that do 'interstate' business must be registered with the Federal Motor Carrier Safety Administration. Every transport company or "transport broker" must have a D.O.T. (dept of transportation) F.M.C.S.A. number.
Also.... any auto transport carrier must have an agent for service in eash state in which they deliver to/or do business in. You can find any carriers FMCSA number, the name of their insurance co, AND find out who their agent for service is all at
http://li-public.fmcsa.dot.gov/LIVIEW/pkg_menu.prc_menu
Notice there is a "choose menu" option on the upper right side you can navigate to other areas if you wish. Here is the main page.
http://www.fmcsa.dot.gov
To file an online complaint, here's the webpage. But I would call them instead as I did.
http://www.1-888-dot-saft.com/HotlineIntro.asp
Make sure all partys are insured 1st and that they have the agents for service in your state so you can file a lawsuit against them if need be. You can also complain to the DOT/FMCSA and explain they did not give you the appropriate Fed. agency contact like they should have if you had a problem they couldn't help you with.
Here's what I learned last year about these transport companies and the epidemic of people getting their cars damaged without recourse.
1st of all... there is a big difference between an "auto transporter" and a "auto transport broker". When I was making my calls to find a transport co. to bring out the car I purchased from Missouri to California, I found out that the overwhelming majority of transport companies don't actually own the truck... nor do the employ the drivers that move the cars. They are 99% of the time "auto transport brokers".... in which all they are is the go-between from you and the actual company that moved your car. Both will have their separate FMCSA numbers respectively because they must both carry insurance and be registered with FMCSA. Now most of the time if you have a claim after shipping, the "broker" will contact the "carrier" to tell them they've got a problem with a shipped item and that they need to address it.
GOOD LUCK!!!
They will usually give you as little help as possible, if not just tell you to go pound sand.
But there is hope. Look on your "bill of lading" and look for the companies name and do the search with the links I gave you. You will get the companies info you need to adress the situation, or if need be, sue them.
Now... as far as you signing the bill of lading is concerned. Make sure you read all the text under where you signed and also read the contract on the back. I guarantee you the contract will have a clause that says you cannot sue them for issues that arise from the damage and that they must be arbitrated. Mine did.
Here's the key......
1st of all... the FMCSA rules are very specific when it comes to the drivers and their responsibility in filling out the bill of lading. It is the drivers, not yours, resposibility to inspect the vehicle BEFORE shipping and noting it's condition. And it is THE DRIVERS responsibility to go over the car with you when the car arrives at its destination. He is the professional and carrier the burden to do his job professionally. Whom ever is there at the time of departure to inspect the car will be signing off on the car also (if there was someone there). Now... when the car showed up?? Did he tell you, "just sign here" without telling you the car was damaged? And did you ask "what am I signing"?
When I had my car dropped off, I was told "just sign here", even though the driver told me my car was damaged. We both went outside and evaluated the damage. The driver would not allow me to mark the area's on the bill of lading (the cartoon picture of an example car) because he felt it was picked up that way.
When I looked at the contract, I didn't sign the area that said "I agreed with the drivers evaluation of the condition when arrived".
After interviewing the driver of how the damage happened, he said he must have picked up my car with the damage and didn't see it. My bill of lading showed no damage whatsoever of when he picked it up. Plus... I had recieved e-mailed pictures with time stamps on them from the guy that sold me the car. Clear pictures of the stuff in the trunk that were in exactly the same place when the car arrived. I even had a picture of my car in Missouri on his car carrier here in Los Angeles BEFORE my car ever showed up.
But it was damaged when it got here.
I sued the company for "misrepresentation" of the facts regarding the shipping of my car. This made his contract null and void because when something is "misrepresented", it now voids the contract and now the issue at hand is the "misrepresentation" rather than the contract. So you can disregard the arbitration clause and explain your case to the judge with your witnesses.
Sue in small claims court and make sure you follow the correct procedures for serving his "agent for service" in the correct amount of time. The people that transported your car will have to come from that state to represent themselves.
Hope this helps!!
John
