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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
herman
2,216 posts
 
Viggen,

If my examples distort what you intended to say, then I apologize. However, "no matter what the quality of packaging is" seems very clear to me. I believe my examples simply illustrate the problem with your position.

perfectimage
406 posts
 
There is an implied warrenty that they will get there in one piece even without the insurance. Give your local attourney generals office a call. There is one in every state and information will have the number. This is an organaztion designed to help people in your situation.

I went head to head with a lawyer of a car repair bill and with the help of the Attourney generals office I embarrased in court and won the case clean. there is also the better business Burue.

At the very least they will tell you what you need to do to fight them. At the most they will help you do it. Either way its worth a simple phone call.
viggen
838 posts
 
Herman,

You know how to quote, however, you used it out of context. Please note that the key content in that paragraph specified the carrier should honor an established contract between the them and the client. If the carrier feel they shouldn't insure a package, then they shouldn't have established the contract to insure.
herman
2,216 posts
 
Viggen,

I agree they should honor whatever agreement they have entered into. The "Terms and Conditions" that is part of every airbill states in part "We won't be liable for your acts or omissions, including but not limited to improper or insufficient packing" That seems pretty clear to me also. Pack it correctly or they won't pay. The question then becomes what is "improper and insufficient packing?" It is my contention that if part of what you are shipping is moving around in the box, it is not properly packed.

In any case, I'm off on vacation for a few weeks and can't concern myself with such things for a while. Good luck to Mchd1 on whatever avenue you decide to pursue.

Regards
viggen
838 posts
 
"If part of what you are shipping is moving around in the box, it is not properly packed." Then the carrier ought not to accept responsiblity to insure the goods being transported. It's not brain surgery. Have a great vacation!!
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