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Legal Advice needed

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Old 06-29-2004, 03:03 AM
  #1
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Angry Legal Advice needed

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.
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Old 06-29-2004, 03:15 AM
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Default Re: Legal Advice needed

Hi 2112,

I cant help with the legal stuff, but i would like to offer my sympathy.

Thats a great boat and you must be one hell of a cool guy cos if i was in your shoes the truck driver would be enjoying Hospital food right now.

Sorry to hear your of your misfortunes.
 
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Old 06-29-2004, 06:33 AM
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Default Re: Legal Advice needed

That sucks!!
Were the scoops on the engine hatches damaged too?

I'd use a different carrier and make the other company pay.
Send it back to Cig for the repairs. I wouldn't let anyone else touch it. Same for the trailer repairs.
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Old 06-29-2004, 07:44 AM
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Default Re: Legal Advice needed

I would have damaged the boat further by smashing there drivers head right off the side of the boat, or taken a bat to his truck, there is no excuse for that chit...
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Old 06-29-2004, 07:52 AM
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Default Re: Legal Advice needed

That really, REALLY SUCKS!!!
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Old 06-29-2004, 07:58 AM
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Default Re: Legal Advice needed

What'd they do to the trailer?
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Old 06-29-2004, 07:59 AM
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Default Re: Legal Advice needed

Quote:
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.
A. You have a Lawyer send them a letter putting them on notice that you intend to sue them for damage and to please provide you with their insurance carrier information. Then we send a letter to the carrier demading a copy of the declarations page and any defenses.

B. No, we are going to use a shipper of our choice and they are going to pay for the trip........oh, they're gonna pay!

C&D. You need to cut yourself out of the negotiations at this point and let an attorney finish this. ( I am not saying this to make money but to send a clear message that that you intend to make this painful if they are not compliant). I am an hour from Orlando and have been watching your boat be built. I am ready to help if you so desire........ (I am pissed tooo!!!!)

Call me on my cell phone if you would like to let the ass kicking commence.....

Brett Hartley
(386) 547-8731
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Old 06-29-2004, 08:15 AM
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Default Re: Legal Advice needed

2112,

I feel your pain !

Your transport company should be in the logging business !

It is a sin what they did to your brand new Gladiator.
You purchased a new boat and it should be delivered as a new boat.

All work should be performed @ Cigarette and the transport company
should pay all costs.

I know it is tough but have a Great Day !

Victor
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Old 06-29-2004, 08:33 AM
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Default Re: Legal Advice needed

Classic incompetence.
All this crap and your summer is dwindling away.
Define an amount, a staggering amount and get it fixed right at Cigarette next winter they'll pay for the shipping.

How come those 525's are still in there anyway?
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Old 06-29-2004, 08:47 AM
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Default Re: Legal Advice needed

Just looking at those pictures makes me sick, I can only imagine how you feel. Go after them with everything you can. If you had a written contract, you can also collect your attorney fees from them in Florida.
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