I live in Los Angeles, California. Bought a classic car on Ebay and had it shipped via a car transport from St. Louis Missouri. The car had a damaged/buckled R. rear quarter panel when it arrived. The driver told me it must have been that way when he picked it up, that there was no way that could have happened on his transport. I beleived him and decided to take it up with the seller of the car. When the driver filled out the bill of lading, he DID NOT document the damage to the rear, just the rock chips to the front and windshield. The bill of lading is also a contract on the back which I signed. One clause reads "All claims, subrogation, litigation, or legal action must have right of venue in the state of missouri, county of LACLEDE, in the municipal court."
I found out that I can serve him here in California as per Federal Motor Carriage Safety Administration rules (aka Dept of Transportation). They must have agents for service in any state in which they traverse. But I'm not sure about the venue. Are there any laws that can overide the contract in california pertaining to venue since the deal was made here with me??
I am a professional mechanic and can answer any car questions you might have. Thanks in advance, John.
I found out that I can serve him here in California as per Federal Motor Carriage Safety Administration rules (aka Dept of Transportation). They must have agents for service in any state in which they traverse. But I'm not sure about the venue. Are there any laws that can overide the contract in california pertaining to venue since the deal was made here with me??
I am a professional mechanic and can answer any car questions you might have. Thanks in advance, John.