Legal Question in Business Law in California
Car Transport Responsibility
About a month and a half ago I decided to ship my car from CT to CA. The car transport company picked it up and said that it would be there in two weeks. After two weeks we called the company and they told us that they had given the car to another company because they didn't have any cars going to the west coast. Note that they did not tell us that they were giving the car to a different company until we called. After calling the other company they told us that the car would arrive on the 21st. Then on the 22nd they said that it would be here on the 28 or 29. Last week I was told that the car would arrive Thursday or Friday or sometime during the weekend. It is still not here. They refuse to tell me where the car is at the moment saying that they do not know. Don't I have a legal right to know where my car is at least? Don't they have a professional obligation to stand by their word as a company? Is there any legal action I can take against these two companies? Thanks for your help.
1 Answer from Attorneys
Re: Car Transport Responsibility
If your agreement called for the first company to deliver your car in two weeks, then they have breached and you are entitled to collect any damages you have suffered (e.g. rental costs). The fact that the contract was assigned to some other company may not be a problem unless you had some specific reason why you wanted the first company to do the job AND you said so to the company at the outset. Then again, if the second company has no track record, the first company may have been negligent in assigning the contract to them instead of to a more established firm.
If it turns out that your car has been damaged or used excessively, you can sue for conversion. If you think the company intentionally misled you about the time involved, you might have a cause of action for fraud, although the damages associated with a mere delay -- as opposed to damage or loss of the car -- probably don't warrant anything more than a small claims action.
It does seem suspicious that no one will discuss the car's whereabouts and that their estimates keep changing. Contact the companies in writing and demand an immediate explanation. Hopefully this will at least get you more information.
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