Sellers with daily pickup and reasonable volume do not have their claims rejected for packaging, but those sellers know how to pack. Now they claim that the box opened up and everything fell out (BS) due to “improper packaging”, and everything is “gone” (disappeared in the air? Their damage rate got to be over 20% so I now warn users to use FedEx or the USPS. As it turned out, UPS crushed the tube in two separate places and the serigraph became permanently damaged and greatly devalued. Anyone here know how to argue and win with ups ("improperly packed")? 3. you wont be able to recover this one. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529). If you believe your UPS broken shipment claim was wrongfully denied, we want to hear from you. Correctly notating damages to the bill of lading (BOL) and proof of delivery (POD) is a good start, but there’s more you can and should do to prevent further complications. Upon claiming damages, UPS will inspect the damages and make their own report. If the claim was denied because the claim must be filed by the shipper, you must talk to the shipper. Fill out the form below to receive a free confidential consultation. 27299 Riverview Center Boulevard, Suite 108, © Copyrights 2002-2020 YourLawyer.com®. Have you got the item back yet? I sold a serigraph (similar to a lithograph) to a buyer and shipped it in a 36" mailing tube. All claims must be … We may be able to help you obtain compensation. In the case of lost or damaged packages, proof of value must also be supplied. So you need to get the information from UPS. I brought the boxes to a local ups office to get receipt. If the claim is authorized UPS will review the documents and ensure that the customer agreement was met. UPS has specific guidelines how an item needs to be packaged for their insurance to cover damage. UPS has no way to know it was not damaged on the return trip -- how could they? It's pretty much standard procedure that they deny any claims made for damage shipments. If the box is not breached/damaged and the item damage is from the item moving within the box, your chances are next to nil. Filling out the paperwork, the shipment and claim number must be visible on all pages submitted. No one told me that there is a guideline to follow. Anonymous PissedConsumer848668 Jul 30, 2014 #848668. Now I am a FedEx customer. UPS Broken Shipment Claims. It has been a day and I haven't received any contact from UPS. Our UPS broken shipment lawyers are trying to ascertain if the high number of complaints over denied claims is indicative of a policy by the company to avoid paying legitimate claims. I do not have time to deal with UPS long ineffective "claim … Since they never complain about the way I prepared the boxes and I never had any return due to damaged package so far. I've had UPS pay out on claims with no problems at all. Everyone I have dealt with at your firm has been very professional and courteous. buyer sent me a message letting me know that the packaged was damaged in transit and didn’t go to the buyer. JUDGES FAVOR THE PLAINTIFF Judges automatically favor the plaintiff (you) because they understand the UPS mentality of denying every claim. And if that doesn't work, mention small claims court. Please visit ups.com or call 1-800 Pick-UPS for information regarding your small package claim. But when it was shipped again, I assume it was not insured. The official process for opening a UPS claim (which is not clearly defined anywhere online) is to first contact the UPS store you shipped your package from and informing them of your damaged package. If it was because the item was not declared properly or insured, you probably will not get far. UPS store claims reimbursement claim for shipping and cost to repair computer is being held up by UPS. They don’t attempt to pack them so they’ll be impervious to damage. They will be the same. If the item is high ticket, fragile and you failed to double box, you can expect to lose a claim. Tagged With: insurance claim, Reimbursement. I am trying to file a property damage claim and can get nowhere with UPS. Edited by: MCKY seller on Jun 8, 2016 10:12 PM, Edited by: MCKY seller on Jun 8, 2016 10:18 PM. You should know that UPS can appeal the entire case if it wants at the end of the Magistrate Court hearing. I’d venture to say with 90% certainly that if your claim was rejected for poor packaging, it was poorly packaged. Most people will just figure that it's to much trouble to go after them, but it's really not that hard, and I can just about garantee that you will get paid. It arrived destroyed and, of course, my claim was denied due to 'insufficient packaging'. So I assume that ups people caused the damage. We do have a list of items that we cannot carry at all (prohibited items) and a further list of items which we protect for loss, but not damage. To process the claim, you will need to provide supporting documentation. How can you appeal the claim? Going through similar matter now with damaged computer packed by UPS store that arrived broken at destination with a ripped open box. You will win 100% of the time, in fact UPS knows this and will not even show up in court. And a lot of the time when you file the papers they will pay you immediately so they dont take a chance on a higher judgement come court time. If you have experienced problems obtaining reimbursement for a UPS insurance claim, our UPS broken shipment lawyers want to hear from you. At the UPS Billing Center, under the quick links, choose the “Request a Refund” option. so long-story short this UPS truck backed up towards my house and hit our outside roof/porch it extends from the house all the way to the driveway and i know he did it because it shook some walls but no visible damage inside so what number can i call the driver just counntinued to drive like nothing happened he didnt even step out. For two weeks they have not even given me the courtesy of a return call. Additional information including fuel surcharges, holiday schedules and information for processing your UPS Freight shipment. Everyone wishes it could be that straightforward every time. Package senders or receivers can use our online submission process to report package damage. Provide the UPS store with your tracking number from your shipping receipt. Do you have a good contact number that I can try? Has taken seven months thus far and no reimbursement from UPS. Internet complaint forums are filled with consumer accounts of UPS denying damage claims by placing responsibility for the broken shipment on the packaging that was used. Ultimately, this thing could play out in Superior Court where you could get tagged for UPS' attorney fees and expenses. They told me that the package was open and that is why they would not deliver it to the customer. I brought the boxes to a local ups office to get receipt. Many of these consumers insist their shipments were properly packaged and well-marked with “Fragile” and “Breakable” labels. You can’t make them wait on the claim. You can (if you really want to) call 1-800-PICK-UPS (cute, eh?) Please check the list carefully before contacting the customer services team to register your claim. It’s much easier to win a cargo damage or shortage claim when the proper process is followed. Meanwhile, UPS approved the damage claim and agreed to pay the eBay purchase price as well as original and return shipping, less about $3 for what amounts to the insurance premium portion of the shipping price. Some consumers have even accused UPS personnel of breaking boxes and shipping containers in order to provide a reason to deny paying for a damaged shipment. I would like to take this opportunity to thank you and all the lawyers involved at your firm who worked diligently and tirelessly to bring about the positive result in my case. Further, if the user insists on using UPS and the package has ANY damage on the outside, I refuse the shipment. Quite often, UPS claims that inadequate or damaged packaging caused a broken shipment, which allows it to avoid liability. The problem is that UPS automatically replies to all claims as “improperly packaged”. Our firm is investigating allegations that UPS will go to any lengths to avoid paying for damaged shipments. My phone calls were always returned quickly and all of my questions were answered in a thorough manner. if they deny your claim and you dont get anywhere with them, you sue them in small claims court. Shipping Information. Terms Of Use | Privacy Policy | Disclaimer | Accessibility Compliance Policy | Library | Diversity Statement, Bicycle, Scooter, and Electric Bike Accidents, Cerebral Palsy Malpractice Injury Lawsuits, Stevens Johnson Syndrome (SJS) Disease Injury Lawyers, Clergy Sexual Abuse Lawyers | Priest Abuse Attorneys. Bicycle, Scooter, and Electric Bike Accident, Stevens Johnson Syndrome (SJS) Disease Injury. Since they never complain about the way I prepared the boxes and I never had any return due to damaged package so far. I agree that UPS is just horrible to do business with. An inspection by a UPS representative may be required. Claims for Loss or Damage. If they do, when damages occur, they can easily file a claim. No I have not received the item back. UPS Doesn’t Offer “Insurance,” Even If An Employee Tells You It Does. That's great, but then drivers started arriving at my house to pick up the item for salvage recovery. Retain all damaged goods until the claim is concluded. Edited by: MCKY seller on Jun 8, 2016 10:12 PM She said that she will “investigate” and look for the item, and get back to me in few days. I did this with a UPS insurance situation and they paid up. We may be able to help you obtain compensation. UPS will generally screw you in case of damage, unless your product is professionally packaged (like at the UPS store), The term “insurance” carries with it a boatload of connotations, so if you go into a UPS branch to ship a package and someone offers you “insurance” for a few extra dollars,…. I will continue to keep your firm uppermost in mind as the need arises for legal counsel for me, members of my... Parker Waichman was there for my family when one of our family members was desperately in need of assistance. Also, a signature was required for delivery. They don’t care how well you think you can pack… click here to listen to a message from our founding partner, attorney Jerry Parker. Still no chance of winning or some kind of settlement? The only bulletproof defense is if the item was in its original factory packaging (with styrofoam etc). This also has a productive impact on settlement value. I also insured it for its full value of $2500.00. Although photo documentation is not a requirement, providing photos can help us resolve your claim more efficiently. If your goods get damaged by the carrier you will need to file a formal complaint, or freight damage claims, to receive reimbursement. 2. UPS claims that the item was damaged due to improper packaging, which is interesting because the item had been packaged at a local UPS Store. He is very knowledgeable about the law and extremely professional. i called ups, and they said it was improperly packed, so they wouldn’t pay me back ($630). If you have trouble with the claim, be sure to get a manager on the phone, and be sure to mention your lawyer, even if you don't have one. Taking UPS to small claims court. In some instances, the consumers claimed their items were packaged by personnel at UPS stores. For a free evaluation of your case, please contact one of our UPS broken shipment lawyers today. This should show the lesser of the actual cost, cost to repair or replace the merchandise. UPS has a five-step process to follow before a shipper can get the claim paid. We offer our assurance that, in the event of a claim, we will make the process as painless as possible. Have they sent photos? These include: Package insufficiently sealed or closure failed Insufficient packaging, cushioning, or protection The single-wall (or double-wall) box was not sufficient to support the product’s weight The product’s packaging closure failed causing leakage Damage to the external case due to no protective covering The package lacked edge protection to prevent it from bending. If you are not a regular UPS shipper with daily pickup and a UPS account your insurance claims will be held to the letter of UPS regulations. If your insured mailing has been lost or damaged in transit, you may file an insurance claim: Online: Go to www.usps.com⁄help⁄claims.htm for information on USPS domestic insurance. Customers who ship packages need to pack their boxes properly. i sold this item more than enough, so i know how to pack. Your UPS tracking number likely starts with “1Z”. one last question, please. For example a document such as: If the box has tractor-trailer treadmarks across it and is destroyed, you have a good argument that no packaging would have saved it. If your claim is in regards to a package that begins with a 1Z tracking number, you cannot use this form. You also have the option to submit photo documentation along with your claim. I do way better. So the trial value of a personal injury claim is higher with UPS and this higher trial value leads to a greater settlement value. Did you read their insurance policy guidelines? There was a huge dent in the side of the shipping box, which compressed the item and dented it. According to its website, UPS will deny a damage claim for any one of a number of specific reasons. Fill the request form after providing your tracking number. dealing with this kind of matter, is fedex better or worse or same? Your claim has to be less than $15,000 or you wouldn't be starting out in Magistrate Court. No one told me that there is a guideline to follow. As a result of that additional research, they've decided to process your claim. You can call that an "excuse" but it's a standard business practice. to file your claim. Edited by: MCKY seller on Jun 8, 2016 10:27 PM. I purchased an item from a seller on eBay, and it arrived damaged. Be sure you make your report to UPS within 48 hours of delivery. Some consumers have even accused UPS personnel of breaking boxes and shipping containers in order to provide a reason to deny paying for a damaged shipment. We will be forever grateful to all for the help they provided. Powered by Discourse, best viewed with JavaScript enabled, Order Management, Shipping, Feedback & Returns. For damaged packages, UPS recently streamlined the process, although the buyer must make the claim. Reply 4 0. Every time UPS successfully blocks the payment of a lost or damaged shipment, they are profiting … Mr. Zekowski is always on top of his game. What is if I file a small claim? Has United Parcel Services (UPS) refused to honor your insurance claim for a broken shipment? I’d recommend you read them now… The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. Time for Freight Damage Claims. As a practical matter, because UPS trucks cause more damage than passenger cars, UPS claims adjusters are used to dealing with larger dollar amounts. If you don’t pack properly, you can’t expect them to pay insurance. I recently shipped my computer in it's original packaging to California from a UPS store in Michigan. The better idea is to try the online reporting feature and clicking the File a Claim link. A UPS rep will place another tracer will on the package and track it for eight business days, after which time a formal request for claims paperwork must be made. If you have experienced problems obtaining reimbursement for a UPS insurance claim, our UPS broken shipment lawyers want to hear from you. Once the documentation is verified, a refund will be issued. They just charge you more so that they can pay out the occasional claim and still make money. Select the UPS Billing Center under the Billing and Payment section Log into your UPS account. huh?!). So I assume that ups people caused the damage. A shipper must file a Damage/Loss Notification claim letter, and .....i know i can email them but theres no doubt inn my … Pay the Freight Charges. It was received damaged. Mine was 2200.00 for a CD player. In the mean time, you have to refund the customer immediately. She gave me her number w/ extension. After several angry phone calls, someone called me and gathered some information from us. K4ICL wrote:I quit using UPS long ago. The same regulations which outline the timeline for valuation of a claim, … That’s a shame too, because I’ve seen UPS pack things, and I was NOT impressed. When will they return it? The seller asked me to submit a claim with UPS, and I did, and the current status is "Package Inspection Scheduled". 4. All Rights Reserved. The claim should have been initiated at that time. By mail: Call 800-ASK-USPS (800-275-8777) to have a claim form mailed to you. Will deny a damage claim and still make money sure you make your report to UPS within 48 hours delivery... Occur, they 've decided to process your claim report package damage has United services... Be over 20 % so i assume that UPS can appeal the entire case if it not. Make their own report dented it the customer immediately in some instances, the shipment grateful to all as... To submit photo documentation along with your claim is authorized UPS will go to customer! 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