how to file a claim for damaged goods upon delivery - help

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how to file a claim for damaged goods upon delivery - help

Postby guest » Thu Aug 19, 2004 5:36 pm

We are in the process of receiving our shipment from Atlas - A-1 First Class Viking. The shipment was from NYC to San Francisco, CA. We have just been notified by the driver that we have a lot of damaged goods. We have already had a had time w/ A-1. The tried to charge us over 1K more than was in our binding contract.

We have Full Value Protection insurance w/ A-1 up to 25K w/ a deductable of $250.

What exactly will this insurance cover?

How do I go about making a claim?

What can I do to assure that A-1 doesn't get out of taking responsiblity for the damage.

They already claimed that I added numerous items to the move - so we are not on good terms w/ them.

Any info would be greatly helpful.

Thanks

Diane
Posts: 15824
Joined: Tue Oct 07, 2003 12:18 am
Location: Los Angeles

Re: how to file a claim for damaged goods upon delivery - he

Postby Diane » Thu Aug 19, 2004 6:20 pm

Hi - are you someone who posted on this board before when you were trying to decide what company to use? If so, what name did you post under? (I'm hoping that we didn't lead you astray.)

Guest

Re: how to file a claim for damaged goods upon delivery - he

Postby Guest » Thu Aug 19, 2004 6:29 pm

My girlfriend (Olivia) posted on this site before when trying to figure out what company to use on our move from Hoboken, NJ to San Francisco, CA. I'm not sure if she was regestered - or posted as a guest.

We chose A-1/Atlas. They did our move and have now arrived today in SF. The driver has told us that a lot of our furniture is damaged.

I am just wondering what my rights are since I have already had some problems w/ A-1 during this move.

Thanks for your help,

Alex

Nancy
Posts: 2255
Joined: Wed Mar 10, 2004 7:24 pm
Location: California

Re: how to file a claim for damaged goods upon delivery - he

Postby Nancy » Thu Aug 19, 2004 6:32 pm

If this moved under Atlas Van Lines authority, you need to deal directly with them. Do you have the shipment yet? Have you seen the damage or only heard about it from the driver ?

Diane
Posts: 15824
Joined: Tue Oct 07, 2003 12:18 am
Location: Los Angeles

Re: how to file a claim for damaged goods upon delivery - he

Postby Diane » Thu Aug 19, 2004 6:38 pm

She posted under "Olivia" (guest) on several threads including this one - http://www.movingscam.com/forum/viewtopic.php?t=2089
She considered Allied Liffey and Alpha Moving before settling on A-1 Atlas. When she posted, she said that she had a GNTE estimate, not a Binding estimate.

Guest

Re: how to file a claim for damaged goods upon delivery - he

Postby Guest » Thu Aug 19, 2004 6:50 pm

We did end up w/ a binding contract from A-1 First Class. Once our shipment arrived in CA, they tried to charge us and extra $1,500 claiming that we had more "items" than the in-home estimator had estimated. I thought the point of a binding agreement is that that quoted amount is your final price??? I also felt that the amount of "items" could vary greatly depending on the size of boxes you use during packing. It took many calls and some threatening words from them - and I settled on a price that was $400 above the contracted agreement. I did this in order to get my items rather than face a ransom-type situation.

Our shipment arrived today, and they are still in the process of unloading. The driver stated that many items are damaged, and asked us if the movers on the E. Coast were rough w/ our furniture.

I am still waiting to see what is damaged. Nothing appears that bad so far.

I just wanted to know what I should do if something is totally destroyed or damaged.

Thanks again

Nancy
Posts: 2255
Joined: Wed Mar 10, 2004 7:24 pm
Location: California

Re: how to file a claim for damaged goods upon delivery - he

Postby Nancy » Thu Aug 19, 2004 7:10 pm

If anything is damaged, do not discard it. Do not throw away boxes that were damaged, and contact Atlas Van Lines's head office. At this point, I don't think you need to deal with the local agent in NJ. I'd also complain about the extra $400 to the head office. If you had a GNTE, that origin agent in NJ should be eating the extra charge.

Guest

Re: how to file a claim for damaged goods upon delivery - he

Postby Guest » Thu Aug 19, 2004 7:28 pm

First of all - I want to thank you guys and let you know how helpful this site has been in our move - thanks!

Now the dumb question. I know I should know this already. But is a GNTE different from a binding contract.

If items weighed more than estimated in the binding contract, does the agen/carrier eat the cost or am i responsible.

I was told by the agent in NJ that if the shipment was less than the 3,000lbs they estimated then I was stuck w/ the contracted price.

I think they are now also claiming that it went over 3,000lbs.

Thanks

Diane
Posts: 15824
Joined: Tue Oct 07, 2003 12:18 am
Location: Los Angeles

Re: how to file a claim for damaged goods upon delivery - he

Postby Diane » Thu Aug 19, 2004 7:39 pm

I think Nancy unintentionally misspoke when she mentioned a GNTE.

If you had a Binding contract with A-1, that means that the price is the price, and it doesn't matter how much the weight is or how many items you have. Your price can't go up OR down. (With a Guaranteed Not to Exceed--GNTE--quote it can go down but not up.) It makes sense that you might have had a Binding contract because Atlas gives a lot of those, called Total Price Guarantee contracts.

There is one exception with a Binding contract, if that's what you had. The driver can protest what he perceives to be extra weight or items before the truck is loaded. At that point the sales rep often gets involved, as Nancy said, and the parties try to work out the perceived discrepancy. If that didn't happen in NJ, Atlas isn't allowed to contact you later and demand extra money from you. It has to happen before the things are loaded onto the truck. Something sounds mighty fishy here.

gils
Posts: 51
Joined: Mon Aug 02, 2004 10:50 am

Re: how to file a claim for damaged goods upon delivery - he

Postby gils » Thu Aug 19, 2004 8:28 pm

Alex,
Take the advices of Diane and Nancy, and call the company either
ASAP, or you could do it Yesterday.
There's nothing to add on top of it, except for the fact that to me this
case STINKS. No professional estimator could be wrong by so much.
The boxes which you were using are calculated in the estimate, so don't
be hard on yourself. I'm almost positive that it's a famous Italian product
which is sliced in a sandwich. In the US it's called BS.
Stand for your right as they both instructed you.

Michael
Posts: 3255
Joined: Tue Mar 18, 2003 7:55 pm
Location: Charlotte, NC

Re: how to file a claim for damaged goods upon delivery - he

Postby Michael » Fri Aug 20, 2004 5:14 am

Alex,

A few things I need you to clarify. You stated the driver asked how they handled your goods at origin?? Did your items go into storage?? If they did not, were your items picked up locally??

Second, they cannot ask you to pay more, nor should you, after the shipment has been loaded. Your shipment must be protested before anything is loaded at origin. Not after the fact or at delivery. Binding or Not to exceed, it doesnt matter. The driver has to protest in either case at the time of load. So if I was you I wouldnt have even paid the extra $400.

In regards to the claim, call your coordinator and have her direct you on how to go about filing a claim. I am not sure, but Atlas may have a on line claim form.

I hope you checked your inventory off and noted any new damage to furniture or missing boxes. PM me your info and I will personally call A-1 to see what I can do or get info for you.

Best of luck,
Michael
************************************

Forget yourself for others and the others will never forget

Guest

Re: how to file a claim for damaged goods upon delivery - he

Postby Guest » Fri Aug 20, 2004 7:27 am

I too am concerned as when my driver arrived, he had very little space left on the truck and packed a number of my items strapped to the outside (and I do mean outside of the truck).

I do have pictures of the items once they are loaded to show them how things were packed and will be taking pictures of the unload to show how it is....especially since there has been a tummult of rain through the destination.

What should be done in such a situation? I know how impossible it is to get a payment and they fight you all the way blaming you for their damage...

I am remaining positive that maybe there will be no damage :-)

worriedmuch
Posts: 19
Joined: Fri Aug 06, 2004 8:34 am

Re: how to file a claim for damaged goods upon delivery - he

Postby worriedmuch » Fri Aug 20, 2004 8:32 am

Definately try to note damage on the inventory as this can be very helpful when dealing with the company directly.

Diane
Posts: 15824
Joined: Tue Oct 07, 2003 12:18 am
Location: Los Angeles

Re: how to file a claim for damaged goods upon delivery - he

Postby Diane » Fri Aug 20, 2004 10:38 am

Strapping things to the outside of the truck? An agent of a major van line? This is sounding more and more unreal.

Nancy
Posts: 2255
Joined: Wed Mar 10, 2004 7:24 pm
Location: California

Re: how to file a claim for damaged goods upon delivery - he

Postby Nancy » Fri Aug 20, 2004 11:30 am

Diane, it happens. But usually only to patio furniture or other outdoor type furniture.

Sorry, I read the first post about the GNTE before I replied, didn't realize you changed to a binding quote. If no one advised you of extra costs or items at the load, then NO WAY should you have paid more for delivery.

I wouldn't bother dealing with the origin agent. Go direct to Atlas Van Lines with your claim and overpayment issue.


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