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Fedex property damage

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John Norgren

New member
What is the name of your state? What is the name of your state? Indiana

I ordered cat litter from Chewy and Fedex delivered the box to my back porch on 9-5-18. I was not home at the time but the delivery person dropped the box right next to my door and the weight of the box (55 lbs) caused the window in the storm door to shatter. When I returned home and saw the damage, I immediately called fedex to file a property damage claim. I was given a claims # and told to contact JB by phone at XXX Claims Management. After a week and a half of calling J. he finally sent me an email on 9-21-18 stating "Sorry for the delay. Please follow the link (in a separate email), fill out the form in as much detail as possible, and upload photos and an estimate." Well, no separate link has been sent. I have been calling and emailing him daily but he doesn't answer and does not reply. This is typical delay tactics from a corporation that doesn't hold itself accountable and the 'claims' company is a sham. Anything I can do? Thanks,
 


quincy

Senior Member
What is the name of your state? What is the name of your state? Indiana

I ordered cat litter from Chewy and Fedex delivered the box to my back porch on 9-5-18. I was not home at the time but the delivery person dropped the box right next to my door and the weight of the box (55 lbs) caused the window in the storm door to shatter. When I returned home and saw the damage, I immediately called fedex to file a property damage claim. I was given a claims # and told to contact J.B. by phone at XXX Claims Management. After a week and a half of calling J.B. he finally sent me an email on 9-21-18 stating "Sorry for the delay. Please follow the link (in a separate email), fill out the form in as much detail as possible, and upload photos and an estimate." Well, no separate link has been sent. I have been calling and emailing him daily but he doesn't answer and does not reply. This is typical delay tactics from a corporation that doesn't hold itself accountable and the 'claims' company is a sham. Anything I can do? Thanks,
If you are not getting a response at the number you were given, call FedEx again with your claim number and ask again for a claims form.

How do you know FedEx is responsible for the broken window?
 

Taxing Matters

Overtaxed Member
What is the name of your state? What is the name of your state? Indiana
Anything I can do? Thanks,
I'd start by contacting Chewy, as that is the company with whom you had the contract. Chewy in turn contracted with FedEx to do the shipping of the product. Both are potentially liable for the damage. Chewy might be able to put greater pressure on FedEx to process the claim. If that doesn't help, then you need to check your agreement with Chewy to see if you must arbitrate claims in disputes with them. If you do, then you'd have to use arbitration to pursue Chewy. Otherwise, you could sue Chewy in small claims court, but you might have to do that in a state other than your own. That'll depend on what kind of business presence Chewy has in your state. As for FedEx, you could sue it in small claims court in your state over this. If you can sue both firms in small claims court in your state you could sue them both in the same lawsuit.
 

Taxing Matters

Overtaxed Member
Chewy is not the company potentially negligent. FedEx is.
Correct. But the argument can be made that FedEx was Chewy's agent for carrying the delivery part of the purchase contract. And as the acts of their agents can be imputed to the principals Chewy may be liable on that basis.
 

quincy

Senior Member
Correct. But the argument can be made that FedEx was Chewy's agent for carrying the delivery part of the purchase contract. And as the acts of their agents can be imputes to their principals Chewy may be liable on that basis.
Possibly. I think it is a stretch to hold Chewy liable for a window (allegedly) broken by FedEx.

It might even be difficult to show FedEx responsible for the broken window.
 

Taxing Matters

Overtaxed Member
Possibly. I think it is a stretch to hold Chewy liable for a window (allegedly) broken by FedEx.
If it can be established that FedEx was Chewy's agent then Chewy should be just as liable for it as FedEx.

It might even be difficult to show FedEx responsible for the broken window.
I agree that it is important that the OP be able to convince the arbitrator or court that FedEx was responsible for the damage in order to hold either of the firms liable, and under the facts given so far that is certainly not a slam dunk for the OP.
 

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