Small Claims: me versus UPS in TX

What is the name of your state?I live in Hurst, TX, Tarrant County.

Here is a short synopsis:

I recently UPSed a 96 pound "high end" speaker made by Klipsch that is retail valued at $1,250. It was new and in the original carton, plus I added 75 feet of bubble pack to it as a double packing edge.

The carton and speaker was shipped from TX to Arizona UPS ground.

Note that per UPS, when you submit a "declared value" of more than $1000, they require that the driver who picks up the item "inspect" the item for appropriate packing with certain criteria. My package was inspected and approved and signed by the driver. (I have the signed form)

The package was then damaged badly by the time it reached the recipient, who, coincidently, happened to be a UPS driver. The man told me after the fact that this was the third time he received the same model speaker, from different sources, and it was severely damaged by UPS.

Then, they denied the claim, blaming me for insufficient packaging, which is untrue, and I have photographs to prove it.

I picked up the forms for small claims submittal today. But I'm unsure of these points:

UPS is a corporate HQ in Georgia. And, Crawford and Company is the actual insurer who inspects and informs the customer whether they will pay or not. And, they are HQed in Georgia as well. But, the letters informing me of claim denial came from a local Crawford office in Fort Worth TX, Tarrant County (my county). So, I need to find out if I can just sue a rep directly in the Crawford and Co. Fort Worth office, or must this go some circuitous route? Or, must this go as a civil suit? Or must I sue UPS directly as they are the ones who took my money and who I paid for shipping insurance? If it must be a suit against a corporate higher up out of state, how would I find out who to put as a defendant? Or is it simply "United Parcel Service, Georgia", (with specific street address)?
Thanks in advance!

Maybe USP is investigating the USP Employee , since this has happened ( 3 ) times ... Could it be a scheme to Defraud ?

At any rate IF you believe you are an incident Party , File a Complain against UPS with your local Attorney General's Office .

Follow their instructions ..

Or must I sue UPS directly as they are the ones who took my money and who I paid for shipping insurance?

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And who had responsibility for the transport. Yes, you're going to want to name corporate. Whether or not local offices are independent franchises (i don't know), you can't establish fault for your local office, because the package was inspected and left that office in good shape.

You will want to answer the franchise question for yourself at some point. If you go to court and get a judgment, you'll want to know if you can enforce on assets there.

Or, must this go as a civil suit?

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What is your alternative?

UPS will be authorized to do business in your state. That means it will have a physical location and a person or company designated as the registered agent to recieve process in Texas. Who/what/where is public information. If you Secretary of State has a website, check there first. Most states post that information at such a location. Ideally, process should be delivered to the registered agent. If it becomes necessary, it could be delivered to your local office, but service requirements change somewhat. Use a registered/certified process server like the sheriff or marshal to be sure that it's correctly done.

Blonde Lebinese said:

Maybe USP is investigating the USP Employee , since this has happened ( 3 ) times ... Could it be a scheme to Defraud ?

At any rate IF you believe you are an incident Party , File a Complain against UPS with your local Attorney General's Office .

Follow their instructions ..

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Nope. Not the case. The only point of defrauding would be if the "shipper" were trying to do so, because he/she is the one who can collect on insurance. Not the recipient.

The recipient says that he sees damaged packages every day, being a UPS driver, and is frustrated at the repeated damage he witnesses.

Thanks. I've already notified attorney generals and no response. So, I am ready to take more aggressive action.

Jeff

The package was then damaged badly by the time it reached the recipient, who, coincidently, happened to be a UPS driver.

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It may not be the case , but coincidence 3 times for speaker may raise a red flag ..

Plus the OAG consumer Affais would respond to an official complaint although it may take some time .

JETX said:

Your suit should name the CARRIER that accepted the package. Their information (and TX SOS link) is below:

United Parcel Service Inc
c/o CT Corp System
1021 Main Stree, Suite 1150
Houston, TX 77002
http://ecpa.cpa.state.tx.us/coa/servlet/cpa.app.coa.CoaGetTp?Pg=tpid&Search_Nm=United Parcel &Button=search&Search_ID=13624073816

They can then co-join THEIR insurer if they want.

BTW, you can only sue them for your REAL damages (the cost you paid less any value of the speakers, if any, in their current condition, plus the cost of shipping).

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Thanks for the good information. I was afraid you would say that I should name the Carrier who accepted the package. He was the nicest guy and did a good job. This makes him the victim due to the truly irresponsible people, who are the inspectors at the tail end saying it wasn't packaged well enough (which is a crock). They just don't want to pay the claim. But it does make a lot of logical sense to sue from the front end, which is a position of strength, proving what was right, instead of proving what is wrong with the tail end. I just wouldn't want the mans record marred or to cost him money.
Very good food for thought.

Jeff

dcatz said:

And who had responsibility for the transport. Yes, you're going to want to name corporate. Whether or not local offices are independent franchises (i don't know), you can't establish fault for your local office, because the package was inspected and left that office in good shape.

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Thank you for your reply. I must yield to JETX's reply though. Think about it. Regardless of who I sue, let's think about the main point.

A UPS man at the front end claimed that the package was well packed. Then, a UPS rep, Crawford and Co., at the tail end, claimed it was not well packed. So, they are 180 degrees in conflict with themselves. So, one of three things is true:
1. The package was properly packed, and the carrier concurred on the front end, and the tail end people are trained to make it out to be the senders fault, which would directly conflict with the carrier at the front end. Not my fault. 2. The package wasn't properly packed, and the UPS carrier at the front end messed up and doesn't know how to inspect, thus making the inspectors at the tail end correct, and the front end carrier at fault; not mine. 3. The UPS carrier and the Crawford inspector are not in agreement with their inspection procedures, which again is a fault of the UPS/Crawford internal disagreements in packing standards; not mine.

Regardless of which one is true, these all reflect a conflict of process within their industry. As a customer, I am at the mercy of the carrier's judgement and the inspectors assumptions after the package has already travelled through many hands and depots along the way. It could have been dropped anywhere in process. As a customer I put my 100% faith in the "professional carriers" judgement of the packaging. His signature is his endorsement of acceptance at the front end. As far as I'm concerned, that puts full responsibility, at that point, in UPSs hands. Yet, the insurer boldly tries to say that UPS is not responsible, so go fish. Pretty close to a bait and switch situation, no? I would say this way of doing business is a breech of contract, and a convenient way to bail on paying an insurance claim. How many people would sue a major corporation?

So, it saddens me to say that I must sue the carrier or the front end UPS facility, or both, since this is the point of primary acceptance and approval.

Regards, Jeff

A bit more info about care

Another perspective, I forgot to mention above, was this:

Regardless of how well this speaker was packed, the damage inflicted had to be caused by abuse, based on the appearance of the damage.

In short, this is a vertical floor standing speaker approx. 48" H x 15" D x 15" W, with 2- 10" speakers and 1- 8 inch horn. The magnets on the speakers, combined, weigh more than 60 lbs. (A Klipsch RF-7 for those who know speakers).
All of this mounted on a piece of flat wood that was glued onto the wooden box by the manufacturer. The box itself weighs only around 25 lbs without speakers or front wood.

A proper move of this speaker would consist of a two wheeler, and sliding it off and keeping it vertical as arrows depict. The damage shows compression of the bottom front corners of the front panel, and the front was completely detached from the box, with the top two corners of the front broken off.

This suggests a shearing motion, which would only happen if the speaker were dropped from a sufficient height straight down. Imagine the force of the 60 lbs of speakers going downward, bringing with them the front piece of wood in a shearing motion. The bottom of the packing was a 3 inch piece of foam provided by the manufacturer. This raises the speaker up a couple of inches from the bottom and allows for air movement in a vertical direction if dropped, ensuring the shearing action.

So really, this incident has little to do with packing, but more to do with abuse in transit. Someone along the way dropped it from a height that was excessive.

With regard to the suit, this means I will probably have to show up with the speaker and box as physical evidence of the abuse, and prove that packing criticism is secondary to abuse by the handlers, due to visual evidence. So, not only will I have the proof that it was packed correctly based on the carriers signature, but the physical proof that it was abused along the way. A two fold argument.

This means probably suing the carrier, unfortunately, to counter Crawford's argument that it was not packed correctly, and then suing UPS for the abuse of the item in transit. Or, (sorry JETX), should I be suing Crawford for ignoring the carriers inspection and blanketly drawing their own conclusions without even seeing the package up front? Or, should I have the carrier, Crawford, and UPS there.....all 3? I think that would be the ultimate situation, but would cost quite a bit to serve 3. But I think all of those costs are paid by the defendent if I win the case.

Does all this make sense? Am I missing something?

Thanks,

Jeff

OP -
You're missing something or I'm missing something, because I think that JETX and I gave you the same advice.

What it has become in your final analysis is beyond me, because I've never seen anything remotely like that in connection with a transport claim, but I do wish you good luck.

dcatz said:

OP -
You're missing something or I'm missing something, because I think that JETX and I gave you the same advice.

What it has become in your final analysis is beyond me, because I've never seen anything remotely like that in connection with a transport claim, but I do wish you good luck.

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Hmmm....Well, your advice was more to sue UPS. Jetx's was more to sue the carrier, who signed the approval of packing. But neither one of you suggests suing Crawford, the insurance underwriter inspectors, who are denying the claim due to improper packing, which is in conflict to the carriers claim that it was packed correctly. So, I think you are both right and I'm right too! All three need to be named in the suit. This lays all of the cards on the table with me as the focal point. In this way I can lay it out in order: A picture of the pristene speaker pre-shipment; the carriers signature approving packing and, most likely his voice stating the same (I know the man pretty well who picks up from my residence); my discussion to the judge of the phsical evidence, explaining how it was damaged, and how UPS, in mid transit, was responsible for the damage, not the packing, due to abuse (I would also demonstrate how if properly moved, the speaker could not get damaged this way); and finally showing Crawford's letter, which quotes how the "customer" is responsible for packing, even though the carrier signed off on it's quality. This may also create a conflict between the Crawford and the carrier, which I would like the judge to see. The only point of having the UPS rep there is to represent the middle ground. The transit points. This is where nobody gets to see what actually goes on with your package.

By the way, I worked for 10 years as a contracted IT person for the District USPS in Fort Worth. I got to see, behind the scenes, at a handling location, what happens to our mail and packages. (USPS, not UPS). It's the same crud. Mail scattered on the floor below the transport machines, for weeks! Boxes thrown from 20 feet away. (I had one land at my feet at one location. I remarked in jest, "My urine sample!") Scared the heck out of the handler.

But I digress. I've never dealt with anything like this either. I never heard of Crawford and Company until this claim. Apparently, when it's more than $100 with UPS, they shoot it up to the "big leaguers". This is my first shipment of something that is big and heavy and also requires care in handling. If I had it to do over again, I would have paid more, and had it freighted. In this way, there is only ONE starting point and ONE finish point. There is no midway handling as with UPS and USPS. And no underpaid, irritated workers having to push around heavy packages for the thousandth time.

But, you will see below, that this is far from unique.

Visit www.unitedparcelsmashers.com for more info.

United Parcel Smashers Pictures

Thanks for the luck. I still plan to hash this around with a lawyer as well, to reassure what we've already discussed. But this was a GREAT start!

Jeff

Lawyer consulation

By the way, if you have a lawyer consulation prior to the small claims suit, can you add that to your costs as part of the suit? Or is that pushing it?

Pushing, but maybe the court will be grateful enough for the effort. Ask.

(I know God will punish me for this.)

And who had responsibility for the transport. Yes, you're going to want to name corporate.

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OP

In addition to UPS (which I targeted), who was the carrier (I missed that), and who had responsibility for transport? Ground and air? Well then who was the consignor? And the consignee? And then what was your status? For the ground transit, did you get a copy of the Bill of Lading when you shipped? If no, who has it? If yes, was Sect. 7 signed? Who issued the tariff? Was the carrier liable under its own tariff? Was Crawford directly or vicariously liable? They didn't do any packing, so I guess vicariously, huh? Are they an agent of the Carrier or of UPS?

Clarifications

In addition to UPS (which I targeted), who was the carrier (I missed that), and who had responsibility for transport? Ground and air? Well then who was the consignor? And the consignee? And then what was your status? For the ground transit, did you get a copy of the Bill of Lading when you shipped? If no, who has it? If yes, was Sect. 7 signed? Who issued the tariff? Was the carrier liable under its own tariff? Was Crawford directly or vicariously liable? They didn't do any packing, so I guess vicariously, huh? Are they an agent of the Carrier or of UPS?

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Sorry for being a bit vague. The Carrier, in this case, is defined as the UPS man who drove to my residence, and signed that the package was packed correctly. That sets the initial precedent, and ultimately puts responsibility, at that point, in the hands of UPS. Then, the carrier drives the package to the next stage. A transfer station, where it gets handled, conveyored, and moved around to a big truck for transport to the next transfer station. Depending on the distance, this can be 3 or 4 transfer stations. Then, at the final transfer station, it is delivered by the local UPS vehicle to the recipient. This is where UPS corporate is responsible for the potential abuse by the middlemen. And finally Crawford is called in once I place a claim for damage, as reported by the recipient. They have the item picked up and delivered to an inspection location. And then, they call me and simultaneously ship the broken thing back to me while telling me they are refusing to pay the claim.

This was UPS Ground. The whole process and paperwork is created at www.ups.com, printed out, signed by the driver, post inspection and at pickup. The driver gets a copy of the signed form and I get a copy of the signed form (he signs two). The contract is also printed out at that time. UPS charges the fee for shipping and insurance. Crawford is kind of like the insurance appraiser post claim. So an independent organization with their own set of guidelines, (although one of their reps said "We are UPS"). They are also in Georgia where UPS resides. Coincidence? I'm pretty sure UPS is self insured.

Crawford Company Profile
Based in Atlanta, Georgia, Crawford & Company is the world's largest independent provider of claims management solutions to insurance companies and self-insured entities, with a global network of more than 700 offices in 63 countries. Major service lines include workers' compensation claims administration and healthcare management services, property and casualty claims management, class action services and risk management information services. The Company's shares are traded on the NYSE under the symbols CRDA and CRDB.

Crawford & Company's Home Office is located at 5620 Glenridge Dr, NE, Atlanta, Georgia 30342.

Jeff

The carrier is the man who drove to your house and signed for the package?
Hey God! It's Ok. It went right over his head. Yep, missed him by a mile.

JETX said:

What the hell are you talking about???
My post said to sue UPS!! Hell, I even gave you the link to their registered agent. Where did you get the idea that I was doing anything about the approval (though I presume that the person accepting the packing IS USP!!).

In any case, you have NO claim against the insurance company. They are not a party to any contract that you have. Crawford is UPS's insurance company... not yours.
This is very similar to having an auto accident where you sue the other DRIVER... not their insurance company.
Sue UPS. Let UPS bring in Crawford if they want.
Present your proof of acceptable packing, your UPS paperwork and proof of the value of your damages.

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Easy Jetx. You seemed to be a cool cat at first. Now a bit of a firecracker!

As I said before, I appreciate your input and have it printed out. But, I think you are a bit dismissive of Crawford. They used the words to me, "We are UPS". So, this makes them representatives of UPS, even if they are a separate company. And, they are given the authority to speak on behalf of UPS, via their letters which state the position of claim denial. These letters are not coming from UPS, with Crawford as backup. It is Crawfords address and phone number on the header. They are coming at me direct.
Nobody from UPS is calling me on the phone at all. Only Crawford. They have called me directly on 3 occasions. Although the arguments became fruitless by the third call, which lead to a letter and then, after no reply, the lawsuit. In fact, at this point UPS is not even in the picture, except they are who I have the contract with. I actually think it's quite smart. Hire this mega company to act as a buffer, keeping the public away from direct contact with UPS. Perfectly insulated. But I do hear LOUD AND CLEAR, what you are saying. Let UPS bring in Crawford. Don't serve them in the suit. As I said before, I will bring these opinions to my attorney when I have the consultation. I think I have all the information I need now. I appreciate your input.

Jeff