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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
dgclark0007
29 posts
 
I am a lawyer. You can try filing a claim in small claims court against FedEx, and they might settle just to avoid the expense of sending a lawyer to court. If they do choose to go to court you will likely lose, since there was no external damage to the box. If the electronics was shipped in the original carton with the original foam inserts, and the remote was properly placed in the inserts, then the manufacturor is probably liable. This is based on the theory that the shipping carton did not properly protect the electronics in shipment. I would certainly press the manufacturor for a new remote. A remote will cost them very little, and they need to improve their carton.
Good Luck.
mchd1 OP
93 posts
 
Thanks for all of the followups. I will look into small claims this week and give it a try. Theta offered to give me a remote for $150 instead of the $200 retail value. Doesn't seem like much of a discount but since Theta has to get the remote from Pioneer maybe that is all that they can do. By the way, that form letter that FedEx sends out is a piece of work. "We value your business, and appreciate your understanding in this matter. We look forward to serving your future express shipping needs". Pure corporate drivel!
herman
1,974 posts
 
I am not a lwayer. But it looks to me like you are the "piece of work". You admit that it was not packaged properly and still expect FedEx to pay? How in the world do you come to the conclusion that FedEx is responsible for your inability to properly package the item?
phil123
54 posts
 
I agree with Herman. How is it FedEx's fault the remote came loose from the packaging. If you feel soemthing is wrong with the packaging go after theta. If you packaged it wrong accept responsability and stop trying to get someone else to pay for your mistake. I believe claims like these make it more difficult for the rest of us to collect when we have a claim that should be honored. I believe the freight companies should pay promptly when someting is damaged because of their actions. I also believe if someone doesn't want to take the time or trouble to package someting correctly they should bear the responsability for the outcome.
viggen
817 posts
 
To reply DGclark,

It seems to me in most cases the merchant/carrier should set honor the insurance policy established between them and the sender no matter what the quality of packaging is. If FedEx receives payment for the insurance and decides to ship the merchandise, they are assuming the risk of loss, in my opinion.
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