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Freight company blues

mac

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Recently had a disturbing experience with moving equipment that you might want to be aware of. I bought the equipment from a 2 auto and 6 bay self serve, and contracted with R&L Carriers to have it all moved across the state. When the driver showed up with the load I asked him to position the flatbed so we could unload it. He insisted on unstrapping the automatic before turning the truck. Yes, it fell off. Now comes the best part. After finishing unloading the remaining stuff the driver just left. No bill of lading. Second mistake. The insurance company for R&L (Progressive) denied the claim for damages. It was a Coleman WW2. First they said they had no proof the driver did this, despite live witnesses and pictures. Then they said there was no coverage for this type of loss. What I have learned so far: 1. Have a contract for the shipping, even if just in an email. @. Ask for proof of insurance that covers a loss in transit. 3. Make sure you get a Bill of Lading upon delivery, and note any damages. 4. If damages are there, get the drivers information. 5. If there are severe damages, say like a crumpled machine laying on the side of the road, I suggest calling the police and have them file an incident report. Please don't suggest lawyers. Mine laughed and said I'm screwed. The cost to fight it could take years and cost more than the value of the used machine, which I claimed as $12,000. I had used this carrier for years. They knew me and my company. They just don't give a crap. I'm presently filing notices with the state Attorney General, the state Insurance Commissioner, the DOT, the Better Business Bureau, and my local sheriff for damages. Anyone interested in a bent WW2?
 

mjwalsh

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Mac,

I hope you are able to stay on them & let us know how you eventually come out.

I don't want to sound like a broken record ... but like I have said before ... a key concern in how small businesses do ... eventually having a large impact on the GDP of any country is "proper rule of law". That means proper laws & proper application of enforcement of laws. That is instead of this kind of manipulation being swept under the rug ... so to speak ... & ignoring what needs to be paid attention to.

mike walsh www.kingkoin.com
 

pgrzes

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Call whoever shipped it to you and get a copy of the BOL from them. They have to have it. I cant see how if you have pictures and any video evidence they can deny claim. i would also contact police and get some formal complaint written up. I had a trucking company cut through my next door neighbors parking lot and ripped down 2 of my security cameras and about 700 yards of Verizons Fiber optic cable and some Comcast cable. They gave me a hard time until I sent them a copy of the video and threatened to send it to Verizon and Comcast. Check was there within a week to pay for my damages!!
 

Earl Weiss

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Your Lawyer may be able to advise you how to file a "Pro Se" suit without his assistance. However, I would only recommend this if the carrier is located in your state. You may also want to check with your state commerce commission about filing a claim.

Before you do the above i would send the company a letter with a copy of the suit and complaint to be filed with the commerce commission. Since they are apparently not insured for the loss, if true their ins company will not pay for their attorneys. Ask if they want to save the expense and headache before you file the suit and make the complaint.
 

mac

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Wait, it gets better. Although I first made the agreement for shipping with R&L, and had to pay R&L, they subcontracted the load to another company, Hidalgo Transportation, out of Miami. Just got an email from R&L stating that it was Hidalgo's insurance company (Progressive), not R&L that denied the claim. So even though I only dealt with R&L, never spoke with Hidalgo, and had to pay R&L, they say they have nothing to do with it. I smell a lawsuit. Will be contacting the legal department of R&L just to chat and ask for any other information. Hidalgo is a typical Miami trucking company, meaning a couple of trucks and no one that is fluent in English.
 

lilb93

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rph9168

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I think Earl could probably give you the best answer but since you contracted R&L they should be the one to pay for the damages and then go after Hildalgo to get their money. You should not have to deal with Hildalgo. They were contracted by R&L not you.

It's too late now but most of the distributors I have worked try to contract small private companies when moving used equipment and make sure they can handle the job and are properly insured. In your case I think I would have assumed as you probably did that since they are a large trucking firm they had the proper insurance. If you have proper documentation of loss I am a bit surprised you are having so much difficulty. Most insurance companies like to avoid court costs and they can jack up their rates to the insured to recover money from claims.
 

Earl Weiss

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Wait, it gets better. Although I first made the agreement for shipping with R&L, and had to pay R&L, they subcontracted the load to another company, Hidalgo Transportation, ....
IMO you contracted with R&L and PAID R&L. so they are liable. It's up to them to seek recourse from any subcontractor they choose. Take steps I recommended above against R & L
 
Etowah

mjwalsh

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lilb93

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The FMCSA Safety and Fitness Electronic Records (SAFER) System offers company safety data and related services to industry and the PUBLIC over the Internet. Users can search FMCSA databases, register for a USDOT number, pay fines online, order company safety profiles, challenge FMCSA data using the DataQs system, access the Hazardous Material Route registry, obtain National Crash and Out of Service rates for Hazmat Permit Registration, get printable registration forms and find information about other FMCSA Information Systems.
 

mjwalsh

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The FMCSA Safety and Fitness Electronic Records (SAFER) System offers company safety data and related services to industry and the PUBLIC over the Internet. Users can search FMCSA databases, register for a USDOT number, pay fines online, order company safety profiles, challenge FMCSA data using the DataQs system, access the Hazardous Material Route registry, obtain National Crash and Out of Service rates for Hazmat Permit Registration, get printable registration forms and find information about other FMCSA Information Systems.
lil,

I hope you are right. Maybe I jumped to a conclusion or read something out of context but now I notice that your links are saying "service not available". Hopefully, it is just a coincidence & a temporary outage & not a result of some change on their public access & open records policy.

mike
 

lilb93

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It has always been open to the public for the last 10 years. We check our listing every month so nothing bad ever shows up.
 

mjwalsh

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It has always been open to the public for the last 10 years. We check our listing every month so nothing bad ever shows up.
lilb93,

I see where the "service not available" message was a temporary internet problem & a false alarm. Thanks again for the "could be pertinent" valuable open records type of links showing basic trucking company information!

Mike
 
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