There are two things to consider in order : first, the facts and only then the law
what’s troubling to me is the bold in your post: “ … Arrived damaged, claims denied, been getting the runaround since the purchase date. … This is a problem between the seller and its shipper, not me....I’m just a receiver of damaged item.
In general, It is indeed only the seller that can ( and otherwise should ) make a damage claim against the shipper . The fact that you state that the claims were already “denied” for ?? reasons (s), … sowhat further detailed facts can you provide in this matter?
As you say, it’s generally between seller-shipper , so what written documents have you been provided in support of the claim denial by either of these two other parties?
MY TAKE
The hard facts for the claim denial is pivotal.
- Did Seller properly insure the shipment ? Shippers don’t usually renege claims without reason .
- One obscure fact that does sometime arise, is that Shipper uses a 3rd party insurer for potential claims against them, ( in the fine print ….) and those terms in that “insurance” clause may have exclusionary and cryptic terms ..
More facts to glean include inter alia:
- Did you as Buyer have ANY discussion or input at all in engaging the Shipper and Shipper terms?
- Was there any express or tacit approval by you in engaging this particular Shipper / costs/ insured value / terms? If “yes” , it gets more complex, and the spectre of potential shared risk of loss arises.
- AND especially …we’re you fully and properly advised of the Shipper / full shipping terms in advance?
- claims recovery may have time expiry requirements … any issue? It’s nine months out.
-intuitively, there is a risk that Seller may have indeed chintzed and just lied to you about his version of the facts, which is a dark undercurrent in your post IMO. Why otherwise would he ghost you?
SUMMARY
Before we pillory Seller in the Court of Public Opinion, a lot more facts need to be fleshed out first.
It is entirely possible that Seller also is a partial victim here because of Shipper asserting an obscure claims denial exclusionary term.
However, In that case, you may have a case against him personally if a material term or fact was not disclosed to you. .…the question becomes how much $$ are you going to invest to do so?
- But before you get aggressively kamikaze “legalese”, please read the following quote and first get more facts than what you have posted to date. ( hint: it’s not that simple as your post is now)
“ …There are three sides to every story: your side, my side, and the truth. And no one is lying. Memories shared serve each differently.”
― Robert Evans
good luck.