Legal Advice needed
06-29-2004, 07:19 PM
#31
Gold Member
Re: Legal Advice needed
Originally Posted by 2112
I need legal advice, lawyers please respond.
I hired a nationwide boat transporting company to bring my brand new, custom built Gladiator up to Washington State from the factory.
I requested, and paid for, sole use of the flatbed to avoid any damage.
They, in order to make more $, piggy backed a used 18 foot bayliner on the back of the trailer. The driver inadvertently acknowledged this at drop off.
Long story short, they significantly damged my boat (and trailer). The driver again acknowledged that he had run a strap over the boat when Cigarette specifically told him not to.
First they denied they did it. 12 days later they are still beating around the bush. They want to hire someone local to patch it up "to save them some money".
I talked to Neill and he and I feel the boat MUST go back to the factory to be made "new". Even then it is a complicated fix due to the complexity of the paint.
My questions are;
A)How do I force them to have the factory fix my brand spanking new boat?
B)Can I force them to allow me to use a different shipper since it was negligence and not an accident that caused this? (They said they will ship if it can't be fixed here) I don't want them near the boat.
C)Can I force them to turn it over to their insurance? I already notified their insurance adjuster with pictures, She says she is waiting got the report to come in (BS).
D)If I have to Sue them, Can I sue for loss of use or a refund of the original shipping fee? (yes, I am angry and want to punish them).
Any attorneys in Orange County Florida (where I have to sue them per the shipping contract). I am tired of being jerked around by these guys.
I hired a nationwide boat transporting company to bring my brand new, custom built Gladiator up to Washington State from the factory.
I requested, and paid for, sole use of the flatbed to avoid any damage.
They, in order to make more $, piggy backed a used 18 foot bayliner on the back of the trailer. The driver inadvertently acknowledged this at drop off.
Long story short, they significantly damged my boat (and trailer). The driver again acknowledged that he had run a strap over the boat when Cigarette specifically told him not to.
First they denied they did it. 12 days later they are still beating around the bush. They want to hire someone local to patch it up "to save them some money".
I talked to Neill and he and I feel the boat MUST go back to the factory to be made "new". Even then it is a complicated fix due to the complexity of the paint.
My questions are;
A)How do I force them to have the factory fix my brand spanking new boat?
B)Can I force them to allow me to use a different shipper since it was negligence and not an accident that caused this? (They said they will ship if it can't be fixed here) I don't want them near the boat.
C)Can I force them to turn it over to their insurance? I already notified their insurance adjuster with pictures, She says she is waiting got the report to come in (BS).
D)If I have to Sue them, Can I sue for loss of use or a refund of the original shipping fee? (yes, I am angry and want to punish them).
Any attorneys in Orange County Florida (where I have to sue them per the shipping contract). I am tired of being jerked around by these guys.
06-29-2004, 09:24 PM
#32
Re: Legal Advice needed
I always go to a specialist when it comes to medicine or law. There are "Transportation Specialists". Lawyers who handle cases specific to transportation issues. Do a web search or ask for a referral. You would not see a general attorney for malpractice for example. You need a firm that has specific experience it's an edge you will be glad you have.
Consider this a free consultation!
Consider this a free consultation!
06-29-2004, 09:56 PM
#33
Registered
Re: Legal Advice needed
real sorry to hear. i had some slight problems with my carrier, i had to go to north carolina at 11:00 pm on a Saturday night, he told me not to worry.. so i worried... so sorry to hear, im sure brett will treat this like its his rig that was f ed up. kevin where are you on this one.... dave
06-29-2004, 11:19 PM
#35
Registered
Thread Starter
Re: Legal Advice needed
Originally Posted by cuda
I was thinking the same thing, but after the problems I had with my transmission repair, I'd keep the name to myself until it was either resolved or not resolved.
The transmission company in question was pissed when they saw my post about what happened and made it tougher to negotiate with them. But as they say, the truth is the truth.
The transmission company in question was pissed when they saw my post about what happened and made it tougher to negotiate with them. But as they say, the truth is the truth.
I will hold off for right now for the same reason. If someone is about to contract with a carrier they can PM me to see if it is the same outfit. I don't want to make more difficulty for myself just yet.
They act as though the boat is a taurus. I feel is is a Ferrari and want it dealt with that way. At least it doesn't appear to be structural.
Brett is on it now. I will post progress.
06-29-2004, 11:33 PM
#36
Registered
Thread Starter
Re: Legal Advice needed
Originally Posted by LIOPA
Sorry to hear about the damages to your new boat.'
I cannot give legal advise but I do receive several boats a year and here is the procedure when things are damaged in shipping.
1. Lots of pictures of the boat on the truck with all damages shown.
2. Carefully list all damages to boat on the BOL (bill of lading) and have driver sign off on each listing
3. You have the right to refuse delivery if boat is damaged. It must then be brought back to the origination point at the carriers expense.
4. This only applies to certified, Licensed and insured marine carriers. NOT GYPSY HAULERS
5. PAY by certified check or cash when boat arrives not up front
Unfortunately you have a battle on your hands proving all this after you have paid the carrier and accepted delivery and unloaded the boat. In the past I have gone through the carriers insurance company which takes some time but they do pay up. Getting an attorney involved NOW is an added push toward getting things resolved quickly.
It would also be faster to find a local service to repair the boat....by the time it gets shipped back....they work in the repair to a busy schedule .... and the the boat gets shipped back to you , precious boating time will be lost.
I cannot give legal advise but I do receive several boats a year and here is the procedure when things are damaged in shipping.
1. Lots of pictures of the boat on the truck with all damages shown.
2. Carefully list all damages to boat on the BOL (bill of lading) and have driver sign off on each listing
3. You have the right to refuse delivery if boat is damaged. It must then be brought back to the origination point at the carriers expense.
4. This only applies to certified, Licensed and insured marine carriers. NOT GYPSY HAULERS
5. PAY by certified check or cash when boat arrives not up front
Unfortunately you have a battle on your hands proving all this after you have paid the carrier and accepted delivery and unloaded the boat. In the past I have gone through the carriers insurance company which takes some time but they do pay up. Getting an attorney involved NOW is an added push toward getting things resolved quickly.
It would also be faster to find a local service to repair the boat....by the time it gets shipped back....they work in the repair to a busy schedule .... and the the boat gets shipped back to you , precious boating time will be lost.
I did pay by cashiers check, but, the driver was not about to let the boat get off the flatbed until he had the check and I signed the bill of lading.
The boat was beautifully shrink wrapped by Cigarette and there was a dirty area where the strap was but the wrap was intact. All appeared good. I read the bill of lading and it said "the cargo appeared to be in non damaged condition and that damage must be immediately reported"
I made the driver wait until I carefully unwrapped the boat. There was a crowd watching at this point which included the entire crew of the marina. They all fell silent when I pulled the wrap and immediately went to the damaged area. The driver then said "they told me to strap it there" which I think meant the dealer who shipped the bayliner on the back.
I have a good relationship with the marina and am sure they would be willing to be deposed if needed. I hope this helps for the fact I did not climb up on the trailer and unwrap it BEFORE I signed the bill of lading. Wish I had now although I would not of refused the boat for fear they would trash it more or shipped all the way back without the shrink wrap.
For others though, please arrive at the sling with your camera ready!
06-29-2004, 11:52 PM
#37
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Join Date: Dec 2000
Location: Puerto Vallarta Mx, Lake tahoe Ca,
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Re: Legal Advice needed
wow i feel your pain wrong time of yr for that chit,,,
good luck and u got the right guy on i am sure,,,
get em Brett,,,, i am just sick and tired of getting f.d its frustrating expensive and dwnright worng,,,
man that boat is beutifull though,,,
good luck hope all turns out in your favor for a change;//
good luck and u got the right guy on i am sure,,,
get em Brett,,,, i am just sick and tired of getting f.d its frustrating expensive and dwnright worng,,,
man that boat is beutifull though,,,
good luck hope all turns out in your favor for a change;//
07-23-2004, 02:58 AM
#39
Re: Legal Advice needed
Originally Posted by craig223
I could be mistaken, but I believe that it was an OSO member. 
Please correct me if I'm wrong.
Please correct me if I'm wrong.It was'nt one of my trucks, I know the carrier and would like to post the URL but I am not involved. My truck was in Miami earlier in the week but I had to keep it moving....I was sick when I saw the pics
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