Need Legal Advice/ Help

[WOODisGOOD]

A few months ago Mark sent his Extra 300 that he won the shootout with back to me in Florida. I still had a shipping crate at Desert Aircraft that I had shipped the plane in for the shootout last October so we used that crate to send it back in. It was shipped under my Forward Air account. The crate was clearly marked fragile and do not stack on the sides and top of the crate. I received a call from Forward Air that the freight had arived in Tampa but there was a problem. The problem was that someone along the route decided to stack a large 800 lb heavy object on top of it. The dock workers at Forward Air told me this. The top of the crate was completely pushed in and broke in half. I filed my claim and the sent out someone to inspect the crate and the damage. I have been calling all week and could never get anyone on the phone or a return phone call regarding the status of the claim. I finally received an email about 1.5 hours ago stateing that they are denying my claim because there was "inadaquate internal packaging". Do we have any lawyers in the house that could advise me on whether I have a case and how I should proceed?The pictures are exactly how I received the plane and I still have all original packaging and contents. I will not use Forward Air again based on this and some conversations I had with one of the dock workers at the Tampa terminal.

[casey g]

thats dissapointing

[Propstriker]

I had two 40% shipments destroyed by Foward Air Frieght last year. The crates were insured for the amount of the 2 new airplanes plus shipping costs to the tune of about $4400.00. After 4 months and MANY Calls to Marcus Hickey, it was finally settled for $2750.00.
Their service conditions state that, where shipments have declared values, their liabilites shall be pro rated based on the WEIGHT of the lost or damaged articles. Make sure the calculation uses the DIMENSIONAL WEIGHT of the shipment, that's makes a Big difference!!
Another thing they tried to make a point of, The crate must be able to withstand 500 lbs placed on top....The crate actually could, if it was evenly distributed!!! not focused on a small spot!!
It was like pulling teeth from a Polar Bear!! I wish you luck!!

-larry-

[3ddd]

the bad part of it is these a$$holes do what ever they like and get away with it cause no one fights them in civil court.there you are guilty till proven other ways.tony i say file in civil court no matter what anyone says,hell it can't cost that much to file and what have you got to loose

[Twizlair]

Tony,
Here is one way to go about it. Hit where it hurts. File a small claims. Save all data they give to you emails etc. make them reply via email so you have a hard record of the conversations. You live FL known as a pretty good small bussiness state. If Foward Air gives you the run around go to the media show them some vids of the plane flying in the contest and show them the pics and plane. Make sure you present a valid solid case that depicts the facts not emotions and the media will help you make sure that Foward Air no longer ships cargo of value in your area.
It kinda sucks that you may have to go this route but you really have no great choice as a small bussiness trying to go after a giant. Use the media if you need them to shed light on a bad situation.
My $.02

[TheTank]

Man that sucks.... friggan forward air.

[Edge540T_Flyer]

I'll check if there are any lawyers at my club, Tony.
Also, I think AMA may be able to provide some legal advice but I'm not sure on that one. Its worth the phone call, maybe they know where you can get legal advice.

[YNOT]

Sux Dude.

A couple of things. Does the contract read that they can deny a claim? Is there paramater in the contract that reads inadaquate internal packaging claims will not be paid OR what is "inadaquate packaging"?

Where you offered addtional insurance? Did you buy it? Did you sign a waiver of rights?

As scary as this is, I do contract law seminars. I am not a lawyer, however I did stay at a Holiday Inn express last night.

Call me tomorrow. 281-455-3298

[RollingHarrier]

Call a local lawyer and SUE THEM MO'FO's. Not enough packing??? man you could have filled the box with concrete and they would have crushed it. Hope everything turns out OK.

[AHP]

That's enough to turn your stomach.. I had a 40% Carden shipped to me via Forward Air a few months ago. Somewhere along the way a forklift tine was stabbed through the front of the crate. I raised hell when I saw it and immediately started taking pics and video on my cell phone. I was absolutely furious! I didn't have a screwdriver with me to start opening the crate so I reached into the gash and started tearing the hole open to see if there was any damage to airframe. Luckily, the airframe appeared to be undamaged, but I shredded my hand pretty badly tearing away at the crate. One of the dock workers noted the crate damage and said if I needed to file a claim, the damage was on record. I can speculate as to how it happened: There were 2x4's on the bottom of the crate for forklift access running width-wise. There was one on either end so they couldn't get a tine under the ends so they just jabbed the side to lift it. I've heard too man horror stories and was very weary of using them in the first place. My first and most likely LAST transaction with Forward Air... I hope you get it worked out and please keep us updated, for future reference.

[Rolling Thunder]

One of my buddies shipped a crate to FLA last year with a 39% extra. When the plane arrived. The crate was gone, the airplane pieces were plastic wrapped to the crate and they excepted the buyer to take it.

Well they shipped it back to Phoenix to the seller and the process started. It was a case of jumping through their hoops. They will ask for information and you just have to be patient and give them what they want. In this case we had to get receipts for everything including builder fees. It took a couple of months but they paid in full.

Did Mark put down a value when he shipped it?

[aerolou]

I also had the fork through the box experience. I feel lucky because the only broke the right side of the motor box on a 35% Katana i bought on ebay. Easily repairable but could have been much worse as your pictures show and other stories a have seen on the internet. When I found out this was the shipper I cringed but said to myself you can't believe everything you see on the internet. But unfortunately it IT IS TRUE. NO FORWARD AIR for me. So if i am thinking of purchasing something and that is the method of shipment i will not purchase.

Lou