Who's responsibility is it?

Wybrook

Wybrook

A. Wheeler
Silver Member
I have a not so hypothetical question for the forum..

Someone mails something that belongs to you and they don't insure it.

If it gets damaged or lost, who is responsible for paying damages or compensation for item?

Let's just say the item was worth $500-800.

I believe I am owed the value of the item from the sender because they didn't insure it properly.
 
Black-Balled said:
That case again? Wtf?!
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He said a month an a half ago that he found my case in the trash and sent it back to me..

Tracking number has the package disappearing in Jax and no one can find it and they closed the case..

No insurance..

Not sure if it was actually mine or not. haha

its brutal.. just when I thought I had hope.
 
He found it and mailed it back to you as a favor? Did you ask him to insure it and pay him for the shipping + insurance?
 
Forbin said:
He found it and mailed it back to you as a favor? Did you ask him to insure it and pay him for the shipping + insurance?
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Favor?

Was shippet directed as to best shilling practices?

Your post appears positioned to blame one side.
 
Forbin said:
He found it and mailed it back to you as a favor? Did you ask him to insure it and pay him for the shipping + insurance?
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A favor?

No, I shipped an item to them to get fixed and they were shipping it back.

Standard business practice.
 
Wybrook said:
I have a not so hypothetical question for the forum..

Someone mails something that belongs to you and they don't insure it.

If it gets damaged or lost, who is responsible for paying damages or compensation for item?

Let's just say the item was worth $500-800.

I believe I am owed the value of the item from the sender because they didn't insure it properly.
Click to expand...

damn buddy.

I remember your first thread about this case and now this?

messed up.
 
Sounds to me that they are at fault unless they asked you about shipping insurance and you said you did not want to pay for it. To me standard business practice when you ship something is to also have it insured.
 
I remember the whole story, Adam.
He is responsible, IMO.....and you would win the court case....
....but it would cost a lot.
 
I think you are shit out of luck with this whole case issue. So goes the pool world. Its all fly by night. All of it.
 
Wybrook said:
I have a not so hypothetical question for the forum..

Someone mails something that belongs to you and they don't insure it.

If it gets damaged or lost, who is responsible for paying damages or compensation for item?

Let's just say the item was worth $500-800.

I believe I am owed the value of the item from the sender because they didn't insure it properly.
Click to expand...

The post office can confirm the weight of the package received, to make sure he didn't try to send you an empty box
 
When you ship anything through the US Postal system, you're asking for trouble. Pay a little bit more and go with UPS.
 
I'm actually having lunch with friend now who practices law here in L.A.
Cruising the forums now, while waiting for food and he took a biz call... I just inquired about your situation.

He states that it's up to the person securing services to
to purchase insurance for the return of their item.
Unfortunately, you're at a loss here.

Sounds like a nightmare and definitely sorry you have
to suffer through this situation.

Also, if you have pictures of the case definitely post
them in the forum so people know what to look out for
in local rooms. It may turn up down the grape vine.
 
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Cracktherack said:
When you ship anything through the US Postal system, you're asking for trouble. Pay a little bit more and go with UPS.
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Yeah, that's just personal preference. USPS insurance and handling is best-in-class. UPS mangles more collectibles than anyone.
 
Wybrook said:
I have a not so hypothetical question for the forum..

Someone mails something that belongs to you and they don't insure it.

If it gets damaged or lost, who is responsible for paying damages or compensation for item?

Let's just say the item was worth $500-800.

I believe I am owed the value of the item from the sender because they didn't insure it properly.
Click to expand...

Absolutely. It's such a nominal fee to insure for that amount that I can't comprehend not insuring it. This fiasco shouldn't land on you, it should land on the person shipping it to you.
 
pt109 said:
I remember the whole story, Adam.
He is responsible, IMO.....and you would win the court case....
....but it would cost a lot.
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Actually it's pretty cheap. You will win. Unless I'm missing something, this will wind up in Civil Court. A judgement in your favor is no better than not having your case. No one is going to enforce the judgement.
Been there done that with a cuemaker everyone on this forum would know.
Still no cue. $1800 down the shitter. My one and only venture into owning a custom cue.
 
De420MadHatter said:
Actually it's pretty cheap. You will win. Unless I'm missing something, this will wind up in Civil Court. A judgement in your favor is no better than not having your case. No one is going to enforce the judgement.
Been there done that with a cuemaker everyone on this forum would know.
Still no cue. $1800 down the shitter. My one and only venture into owning a custom cue.
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Who was it? That sucks because there are so many cuemakers on here that are great and would build a beautiful cue for that price.
 
Emotion, and legal liability, often times reside on
different sides of the fence.
While we all feel it was a huge error, on either side,
to not insure the item, there was no contract forcing
the shipper to insure it; as they morally should have.
Standard coverage only compensates up to $50.
This is why additional insurance is an offered service.
We all know what the right thing to do here would be
amongst gentleman, but it doesn't seem
to be headed that direction.
Believe me, I'm on your side in a huge way,
but my lawyer friend just explained the reality of the situation. Very disappointing.
Had you asked them to insure the case, and they
neglected to do so, you would be entitled to full
proven value, plus nominal emotional value if it were
a unique custom item.
But yes, you'd have to take it to court.
This really sucks.
*Were you buying an item from the person
in question, you absolutely would be entitled
to your full purchase amount.
Since it was sent as a repair, they aren't
required by law to insure the value of the case
being returned to you.
 
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ideologist said:
Yeah, that's just personal preference. USPS insurance and handling is best-in-class. UPS mangles more collectibles than anyone.
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“USPS....best-in-class”,No Way !

No package carrier is perfect, but the USPS is by far much worse than UPS and FedEx.
If you are going to ship anything of value stay away from USPS.
 
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