another thing...let DAS know we're watching and looking for a good resolution to your problem! What does DAS stand for by the way? Good luck 2thfarmer

 

I assume you had the car insured. Comphrensive coverage may cover part or all the damage. Call them and see if it is covered. Most comp coverages start out by saying "All losses to your car" and then the exclusions kick in. Depending on how your coverage reads, some or all of your losses may be covered. Your insurance company would then subrogate against the truckers insurance company. This happens every day.

Another approach would be to go to your State Corportation Commission. Most states have a Consumer Affairs department that will help out on claims against corportations. You may also want to contact the Federal Department of Transporation. I believe this trucker would have had a federal permit to allow him to conduct interstate business. They have the potential to pull his license.

I would not get an attorney. They are expensive and your damages are limited to the proven damages to your car. Most states do not allow you to sue for attorney fees, mental angish etc on property damage cases. The lost of use of the car is not covered either if your have other transporation. Most attorneys will not take a small property damage case because there is no money in them. Lets say the amount of damage is $1500. This would go into the lowest state court in your state. If you won, they would have an automatic appeal to a higher court. If they appealed, your attorney's bill would be well past the value of the claim.

State laws vary on small claims. I am not familar with KY so some of what I am suggesting may not apply. Good luck and document the damage with estimates and pictures.

Mark

 

DAS stands for Dependable Auto Shippers............HA

 

I used DAS once, did not like the idea of my vehicle being stored in a large warehouse in KC, waiting for additional cars to bring out west. I have since been using Passport (FedEx) for personal and business use. I have "moved" no less than 10 cars in the past year with absolutely zero problems. Currently negotiating with them to take 4, possibly 6 cars to Scottsdale (BJ) in Jan to auction. If any cars are purchased they always have a truck there within a couple of days to load. They offer daily updates, GPS updates, ect. I have found, that most of the time (not always) they load the cars in the same order that they will be delivered. I have always had the same driver deliver the cars that picked them up. All the drivers that I have met are actually car guys like us!

 

DO NOT ACCEPT ANY TERMS OF AGREEMENT FROM DAS

I would write them a letter stating that you agree in principle to thier offer to compensate you for damages but that you do not agree on the amount.

I would also state that you should be compensated for the difference between thier charge for shipping your care enclosed and exposed.

I would also state that you expect to be fully compensated for the reasonable cost to restore the condition of your car to what it was when they accepted it.

keep a copy of the letter for your records and send them a copy of the letter signed return reciept care of the US postal system.

wait until you get confirmation that they have recieved your letter.

then you should contact your credit card company by phone (get the persons name)and inform them that you intend to dispute the charge and ask them what you should do and how to do it

follow up that call with a letter to the credit card company referencing the phone call. State to them in the letter that you are following thier instructions as per the phone call. Also in the letter include copies of the letter to DAS, copy of Proof they recieved thier copy of the letter, and befor and after pictures of the car. also a written statement from the previous owner and a reciept for the value of the car showing that it was not a junker. Also include a copy of the contract and any and all additional documentation.

Also state in your letter to the credit card company that you conversed (cite time/day persons name and thier Phone number)with whome ever from DAS and or thier truck driver you talked to.Include details of admissions of fault confirmed in the conversation that the vehicle was not loaded and protected according to the contract.

refuse to accept phone calls from DAS. never negotiate over the phone. be polite but firm . get every shred of corespondence in writting. keep your credit card company fully informed of any negotiations or progess with DAS.

never threaten or offend or express anger. be as proffessional as you expect them to be (or wish them to be).

cross your fingers and hope that repairs and detailing cost less than shipping charges.

get several quotes (3)from reputable detailing companys.

Make sure they are reputable, this adds credability to your claim and you dont want problems with detailers down the road.

sub mit those quotes to DAS and copies to the credit card company. In your letter to DAS remind them that they reuested these quotes initialy and you are following up per thier request. send copy to the creditcard company.

Always, always express sadness and disapointment - never anger. always state that you are will ing to negotiate but primarily you want your car restored to its condition prior to thier accepting it.


If you follow the detailed instructions of your credit card company and you supply them with authentic actual proof of the situation/condition. they will find in your favor. They can bring enourmous pressure down on the shipping company simply by refusing to allow a customer to charge shiping cost on the credit card.

 

Dependable Auto Shippers.

 

What a fantastic well thought out response.

I'm saving this for future reference if and when I need to get made whole by a vendor.

Do you happen to be a lawyer?

 

I am really sorry you have to go thru this 2th Farmer, nothing sucks more then expecting a great day and have a lousy one. I hope things work out, You have a gorgeous car, don't let this ruin that celebration.

Mike16 - excellent response, far better then my previous one!

 

I would differently contact your Credit Card Co. Once you explain and show them what happened they will credit the transaction back to your account. The credit card company will take care of the rest. Now you have control. That is the easiest way to go about it. I just went through a bad deal .I contacted the CC company explained the them what happened provided proof and the money was put back into my account ($1300) The seller has 2 billing cycles to make the correction or they get nothing. Good Luck , Wes

 

I am not allowed to give specific legal advice outside the scope of my employment, but.....

 

i agree i guess. it is probably better than a louisville slugger. jim

 

WOW! Thanks so much guys

MIKE 16 thank you!

I am going to call them tomorrow as I promised to see what their offer would be if anything above the initial $300.00
I will update

Thanks again to EVERYBODY

The car is damn worth all this BTW

 

dont call... write. dont accept phone calls and dont do e mails...write!

tread very very carefully if you choose to communicate with them.

again... accept nothing but agreement that they are responsable. at this point you should be ONLY reaffirming thier initial statement that they agrreed to be responsable.

never settle for a dollar amount untill the very end when the full picture is clearly in focus.

Also be careful because any interim negotiations that occur befor the cerdit card company steps into the picture will define the future direction and scope of any further negotiations and the final amount of any settlement.

its impossible and imprudent to discuss any dimention of responsability and cost of restitution now or in fact at any time. Let them do it as they have already done.

obtain quotes from detailing companies but perhaps hold off on submitting them, A follow up letter to DAS informing them that you have these quotes ought to be mailed Signed return reciept. Wait for either DAS or the CC company to request them from you. IF DAS replies, in writting, follow up with a cover letter affirming thier request, attach a copy of thier own letter to yours supporting thier request and include copies of the quotes.

and of course send copies of everything to the CC Company. and keep copies for your record

The credit card Company may themselves request copies of your quotes and forward them to DAS, if so, cooperate prompty and completely. they are doing this on your behalf. and its a good sign.

once you turn this over to the CC company they will do all of this. but if you set the negotiation parameters befor they step in, then that limits what they can do for you and the scope of any compensation you may be entitled to.

so...

Do Not contact DAS except in writing and narrow and limit your correspondence to reafirming thier responsability .

hand it all over to the credit card company to resolve and conclude.

if you are not happy with the outcome, you still have options but they can be severly limited by what you say in any conversation befor the credit card company steps in to assist and arbitrate.

dont be clever, dont be foolish,

the shipping company has been in this business longer than you and have handled multiple claims. if thier track record is any indication. They no doubt are already doing spin/damage control.

Ditto for the credit card company. they too have been in the negotiation/arbitrtion business longer that you.

Gather data and supporting documentation. generate supporting corespondence.

let the pro's arbitrate.

 

No... but I stayed at a Holiday Inn.

 

Reading Mike16 has me thinking spider and the fly. Just waiting to let them catch themselves. Well done.

 

I don't post very much on this forum but I would be hugely pi**ed at "DAS" for what they did.

While I haven't experienced what you did, I think Mike16's advice is beyond awesome (sorry Mike, you deserve capitalization).

Thankfully it's a rare occurance but I have successfully disputed charges with the credit card company (Citibank). Having documentation (ideally) or names, dates and times of phone calls has helped.

I've also been through the small claims court process. I "won" but collecting was a huge PITA. This is just my opinion, but at least in Utah, the system favors the deadbeat rather than the honest citizen. After all was said and done: Yes, I got my money but the hassle factor was ridiculous.

And yes, I have also gone the attorney route. Legal bills pile up fast and again, the system favors the tactics of delay and deny. Hugely expensive and frustrating.

I sincerely wish you the best in reaching a satisfactory conclusion...

 

They have emailed me a reasonable (with in $75) of what I deemed fair. (1/2 my $$ back)