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Old 10-31-2016, 11:26 AM
  #21  
Chuck A
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I hate when that happens
very sad, indeed
Old 10-31-2016, 11:35 AM
  #22  
davidtcpa
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If you are not made whole, talk to an attorney!! Good luck.
Old 10-31-2016, 11:38 AM
  #23  
Tee2Green
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This happened in Livingston NJ and I used the car carrier the dealer recommended and coordinated. A friend of mine said that the truck driver sold the car and pocketed the money to a part out shop. This may be true but when I spoke to the driver last night he seemed pretty distraught and said this has never happened to him in 5 years of car delivery. I don't think he was involved but you never know.
Old 10-31-2016, 11:47 AM
  #24  
Foosh
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Originally Posted by defaria
You get your money back... duh

If you say purchased a desk and it was supposed to be delivered to your house but in the process it fell of the truck would you accept delivery? Would you pay a red cent for that? No, and there's no insurance on that one. Simply put, if you paid any money for something that you never got then you're foolish.
Duh, on you is accurate.

The way these things usually work is that you buy a car from a dealer, the dealer might recommend a shipper, but at the end of the day, the contract is executed between the shipper and the new owner.

In that case, the dealer didn't lose the car. It's not fair to them to refund money they would not be able to recover because the theft had nothing to do with them.

Your desk analogy does not apply. In that case, you paid the desk company for delivery, not the shipper.

Last edited by Foosh; 10-31-2016 at 11:50 AM.
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Old 10-31-2016, 11:51 AM
  #25  
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Bad situation, feel awful for you OP. Hope you are made whole in the end.
Old 10-31-2016, 12:32 PM
  #26  
Maxpowers
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Sorry to hear about this. Unless this car is super unique you might want to consider expediting a refund of the purchase price from your Insurance Co (if they will let you). I had a stolen car retrieved once and it was heartbreaking to see what they did.
Old 10-31-2016, 12:44 PM
  #27  
AORoads
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Originally Posted by defaria
You get your money back... duh

If you say purchased a desk and it was supposed to be delivered to your house but in the process it fell of the truck would you accept delivery? Would you pay a red cent for that? No, and there's no insurance on that one. Simply put, if you paid any money for something that you never got then you're foolish.
Cars are shipped and bought several different ways. Some include up-front payment and some don't. You know that little thing about "possession...nine-tenths of the law"?

Well, say you're a used car dealer, and you sell a Vette to someone about 1K miles away, you have a deal in writing, but no payment. You, as the dealer, ship the car, the guy signs for it, takes possession and decides NOT TO PAY for it. What do you, the dealer, do now? How do you get it back? What if the car and the guy disappear?

A desk is a little different....

PS Good luck, OP. REally stinks what's happening.

Last edited by AORoads; 10-31-2016 at 12:45 PM.
Old 10-31-2016, 12:50 PM
  #28  
defaria
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Originally Posted by Foosh
Duh, on you is accurate.

The way these things usually work is that you buy a car from a dealer, the dealer might recommend a shipper, but at the end of the day, the contract is executed between the shipper and the new owner.

In that case, the dealer didn't lose the car. It's not fair to them to refund money they would not be able to recover because the theft had nothing to do with them.

Your desk analogy does not apply. In that case, you paid the desk company for delivery, not the shipper.
Did I say the dealer should refund the money. Let me check... Ah no I said no such thing. Why you invented that I said that is on you - not me. Truth is I said nothing about who you should get your money back from. In general the principle is you get your money back from the person or organization that took it. This is not rocket science Foosh. And as such my desk analogy is totally spot on. It really doesn't matter who you paid, nor if they were running a chop shop - you should be made whole or sue the crap out of whoever has your money - plain and simple.
Old 10-31-2016, 12:51 PM
  #29  
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The Carrier should have "Cargo Coverage" for your asset in their "Care Custody and Control" and coverage should be afforded under that coverage. even if it goes smooth it will be a pain. Good Luke and do not threaten anything you are not willing to do.
Old 10-31-2016, 12:52 PM
  #30  
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Originally Posted by defaria
Did I say the dealer should refund the money. Let me check... Ah no I said no such thing. Why you invented that I said that is on you - not me. Truth is I said nothing about who you should get your money back from. In general the principle is you get your money back from the person or organization that took it. This is not rocket science Foosh. And as such my desk analogy is totally spot on. It really doesn't matter who you paid, nor if they were running a chop shop - you should be made whole or sue the crap out of whoever has your money - plain and simple.
I'm painfully aware of your history here, so bad on me for even responding to one of your posts.

Originally Posted by defaria
I don't know about you but I wouldn't pay one red cent for a car I never took possession of that was stolen before I ever saw it!.
You did say that he shouldn't pay for it in the above quote, but he's already paid the dealer for the car before the shipper took possession. That's routine when you buy a car and contract for it to be shipped to your location. I've never heard of a dealer releasing a car for shipment without being paid for it.

At the end of the day, this is now a simple insurance claim for a stolen car. Either the shipper's policy will pay, or his company will and make a decision whether to go after the shipper or not. As a comprehensive claim on his policy, it shouldn't even affect his insurance rate.

"Suing the crap" out of the dealer or anyone else will simply prolong the process.

Last edited by Foosh; 10-31-2016 at 01:12 PM. Reason: Quotes added due to intervening post.
Old 10-31-2016, 12:57 PM
  #31  
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Originally Posted by AORoads
Cars are shipped and bought several different ways. Some include up-front payment and some don't. You know that little thing about "possession...nine-tenths of the law"?

Well, say you're a used car dealer, and you sell a Vette to someone about 1K miles away, you have a deal in writing, but no payment. You, as the dealer, ship the car, the guy signs for it, takes possession and decides NOT TO PAY for it. What do you, the dealer, do now? How do you get it back? What if the car and the guy disappear?

A desk is a little different....

PS Good luck, OP. REally stinks what's happening.
This isn't at all the stated problem here. The OP hasn't taken possession of the car and refused to pay. Granted the OP has not chimed in as to what amounts might be paid to which groups of people. I doubt (though it's not beyond imagination) that the guy paid 100% in cash and thus everything is riding on it. I would think he has a loan of some sort. In any event he should not have to pay anything for an item he never got, that was stolen from people who had the item, etc. Not a penny, just like the desk. Let me ask you a different question - would you pay anything? I know I most definitely would not. Not even the deductible if they tried to pin that on me I would sue the shipper or the dealer or whoever had legal possession. Until and unless I accept the delivery I don't have legal possession and as such am not responsible for it.
Old 10-31-2016, 12:59 PM
  #32  
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Originally Posted by Foosh
I'm painfully aware of your history here, so bad on me for even responding to one of your posts.
What the hell is that supposed to mean?

But, please explain to me how he gets a dealer to refund money he's already paid, unless he charged it in full on his credit card.
Methinks you didn't bother to read. Let me bring up the relevant statement here... "Did I say the dealer should refund the money. Let me check... Ah no I said no such thing". As I never said anything about the dealer I will not try to explain to you how he gets a dealer to refund his money. That's just stupid.

I see you since modified your statement. You seem hung up on the shipper, insurance, etc. I'm coming from the other perspective - the OP. He should pay nothing and be made completely whole - period. This is irrespective of shipper/dealer/insurance/whatever.

Let me ask you differently, how much do you think the OP should legally lose on this? And where did that money go to? I'd be curious what you think here.

Last edited by defaria; 10-31-2016 at 01:02 PM.
Old 10-31-2016, 01:24 PM
  #33  
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all u need is to have the delivery company and your insurance on the same page .... start looking for another vet ... u will be fine
Old 10-31-2016, 01:42 PM
  #34  
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Originally Posted by defaria
He should pay nothing . . .
He's paid, how does he "unpay" (speaking of reading comprehension problems)?

Chill, he will be made completely whole. This is an easy case and shouldn't have to file a lawsuit or seek legal counsel. Of course, he will always have that option if he's dealing w/ a dishonest shipper, and/or insurance company.

Last edited by Foosh; 10-31-2016 at 01:43 PM.
Old 10-31-2016, 01:43 PM
  #35  
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You gotta love some of the posts you see on this forum.
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Old 10-31-2016, 03:00 PM
  #36  
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Originally Posted by Foosh
He's paid, how does he "unpay" (speaking of reading comprehension problems)?
True story: I ordered a t-shirt online. At the time I ordered it I had moved. They delivered it to the old location. Post office did not forward it. I emailed the company and reported I never received the t-shirt. They "unpaid" me the amount I paid. IOW I got a refund. Why can't that be done here? Again, this is not rocket science - we've all gotten refunds for merchandise that was either unacceptable or not properly delivered.
Old 10-31-2016, 03:41 PM
  #37  
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The OP said he paid for the car. When the selling dealer transferred the vehicle to the common carrier they got a signed bill of lading transferring responsibility for the car to the carrier. The dealer is out of it at that point. The buyer has no recourse against the dealer regardless of whether the dealer recommended the carrier. THe common carrier has legal responsibility to deliver the car to directed destination. Assuming that the OP had insurance on the vehicle he files a claim with Geico and gets paid in full. Geico subrogates against the common carrier to recover what they paid the OP.
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Old 10-31-2016, 03:55 PM
  #38  
Corvette ED
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I work for a used Corvette dealer and we sell cars all over the world. Most out of state or out of the country sales the buyer never comes to our location to see the car. We will only except bank wire transfer for payment. Once we get the transfer then we will release the car.

Now here is the next problem. Most customers will get their own shipper. This 90% of the time is a big mistake here is why? Buyer will go online and see all these websites for auto transporters. Most of these companies are just brokers. They post the pickup and drop off locations and see what truckers will do the job. Now the brokers gets somebody to pickup your car. Here is the next problem. Most of them don't know how to load and tie down a C5-C6-C7 Corvette on the truck. Also they will make stops at other locations and car auctions loading and unloading cars. Your car may be loaded and unloaded 4 to 8 times until you get it. That means 4 to 8 times there is a chance of damage.

I always take pictures of the front, sides, back, and the odometer showing the miles when loaded. It helps if there is a the truckers says it was like that when I got it. Also do, a walk around with the trucker when he does a condition report. Look it over before you sign it.

I tell my customers to use Plycar. For the extra money your car is shipped enclosed by professional drivers and will arrive on time.
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Old 10-31-2016, 04:05 PM
  #39  
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Cargo Company is 'Endurance American Specialty". They have 15 trucks.
Old 10-31-2016, 04:37 PM
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Originally Posted by Tee2Green
Cargo Company is 'Endurance American Specialty". They have 15 trucks.
Just googled company could not find them only thing that came up was insurance company. You maybe had all the way around.
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