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What do I do with a FedEx claim denial?

Well, I have just had my first bad experience with FedEx. I recently sent an item back to the manufacturer for service and the remote was damaged during shipment. I asked for a letter from the manufacturer confirming the damage and the $200 replacement cost. The package was insured for $1000. I sent the letter in with the claim form to FedEx. As expected, FedEx denied the claim. The remote came loose from its compartment in the foam packing material during shipment and cracked. There was no visable damage to the box. What recourse do I have other than to get a lawyer? Hardly seems worth the effort for $200. I definately plan to cancel my FedEx account but then I will have to use UPS which is probably worse. Isn't this kind of thing the reason you buy insurance?
mchd1
albertporter's avatar
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albertporter
4,949 posts
 
If FedEx does not settle, why not ask the manufacturer to have a little compassion and sell you a replacement at their cost.

Chances are it would amount to less than half of the $200.00, making the effort of dealing with claims hassles out of the question.

If they do replace the remote for a great price, how about asking Fed Ex to throw in the shipping charges for free. The two together should put you over the top.
ejlif's avatar
ejlif
1,377 posts
 
Go to your local courthouse and pick up the paper work for filing a small claims lawsuit. Since the package was sent from your adress it is within the jurisdiction of your local court house. Fill it out and have Fed Ex served via certified mail. Include in your damages the amount the court fees are. You will need documentation for how much the remote costs to replace. You will get paid shortly before the court date, probably about 2 months.

I did this with a UPS insurance situation and they paid up. Mine was 2200.00 for a CD player.

It's pretty much standard procedure that they deny any claims made for damage shipments. 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.
dweller's avatar
dweller
3,805 posts
 
Sounds like FedEx has a point. THEY didn't pack the remote which "came loose from its compartment in the foam packing material during shipment and cracked"; Why should they be responsible? Whomever the packer was is the one at fault...
hellosimplymusic
70 posts
 
Ejlif comments:
We ship thousands of items yearly and deal with claims on incoming shipments constantly.
Ejlif is RIGHT ON THE MONEY.
We had the EXACT same experience with UPS in 1993. They paid 4 days after they were served.

Assuming you are not at fault, sue Fed Ex.
Your only worry will be if you win and they appeal it (if you lose you
can not appeal it, at least not in California). At that point it's no
longer a small claims issue, regardless of the amount.

We had *1* claim on our outbound shipments in 2001,
and Fed Ex denied it (not very good for Fed Ex since we only
use them about 30x's yearly, vs thousands for DHL).
One more letter to them and then we go to our local small claims office.
These freight companies just assume everyone will go away,
right or not, once they get that denial letter.

Go get'm!

Brian@Hello.lt

http://hellosimplymusic.com/packaging/
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