destroyed item during shipment

[aspencer7]

hello - i paid a well-known freight company to ship a personal item from ohio to colorado. the item was virtually destroyed in transit. the driver noted the significant damage on the invoice when it arrived in CO. an inspector came and took photos of the damage (I also documented damage, value, etc.). i received a letter stating that since this item was a household good it = .10 per lb and that is what they will pay me which = $15. the replacement cost is actually +$3000.00.

is small claims court the appropriate course of action? anyone have any idea what my chances would be in small claims? any advice would be very greatly appreciated!

 

[Zigner]

You have no case. You should have insured the item if you wanted a larger amount of coverage.

 

[racer72]

Even if you had a case, the most you could collect would be the fair market value of the item before it was damaged, not replacement value.

 

[aspencer7]

thanks for the responses...

i must say i feel stupid for not getting the third party insurance but I've simply never shipped anything before, i was relying on the guidance of the folks i was talking to on the phone and insurance was just never mentioned in the booking process. Also, in the research that i did actually conduct, i read online that a carrier is liable for loss/damage except when caused by: "an Act of God, a public enemy, the authority of law or the act or default of the shipper"...etc etc. BUT what i didn't realize (and isn't obvious) is that this supposedly doesn't apply to "used" items (i was shipping a valuable item that i happened to own for 3 years)...

it just seems to me that this lack of liability creates an environment where an item (a not brand new one) can be treated with complete disregard b/c there is no liability/accountability on the carriers part... they can pick up an item and use it for target practice if they want and it's too bad for you when your property is destroyed. doesn't seem right!

thanks again for the responses!!

 

[Zigner]

Even if you had a case, the most you could collect would be the fair market value of the item before it was damaged, not replacement value.

It's entirely possible that the OP could have insured based upon a declared value

 

[Zigner]

thanks for the responses...

i must say i feel stupid for not getting the third party insurance but I've simply never shipped anything before, i was relying on the guidance of the folks i was talking to on the phone and insurance was just never mentioned in the booking process. Also, in the research that i did actually conduct, i read online that a carrier is liable for loss/damage except when caused by: "an Act of God, a public enemy, the authority of law or the act or default of the shipper"...etc etc. BUT what i didn't realize (and isn't obvious) is that this supposedly doesn't apply to "used" items (i was shipping a valuable item that i happened to own for 3 years)...

it just seems to me that this lack of liability creates an environment where an item (a not brand new one) can be treated with complete disregard b/c there is no liability/accountability on the carriers part... they can pick up an item and use it for target practice if they want and it's too bad for you when your property is destroyed. doesn't seem right!

thanks again for the responses!!

Their shipping terms are clearly laid out. If you wanted more protection, you should have paid for it.