Legal Question in Business Law in Illinois

Package not delivered on time. and lost package.

My mom shipped package for my sisters wedding using United World Wide Couriers. When it arrived from India to Newe York. From New York it was sent UPS to chicago. it was scanned last in Chicago (where i am located) and it was scheduled for delivery on Friday, June 18th. It didnt arrive. Now UPS cant find the package. This was a COD package. so i have to pay for it. If package is lost, who will reimburse me for the value of the package. It was not insured. But i still feel that United Couriers/or UPS should reimburse something as my sisters wedding was the next day and parcel did not arrive. What do I do? Who do I collect from???

Email: [email protected]


Asked on 7/21/03, 3:10 pm

2 Answers from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Package not delivered on time. and lost package.

First, its the shipper, and not the recipient, that is likely to have any claim. And, in my experience, the contracts with common carriers provide for severely limited damages, if any are available at all. Because your shipper had the opportunity to insure the package for a declared value, and did not, your shipper will not likely recover anything above a refund of shipping charges, and such a refund may be unlikely.

Even if your legal rights are limited, you may try customer service, but beg, don't demand, some satisfaction.

Our comments are based on the question you asked, and your question is being treated by us as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 7/21/03, 3:58 pm
Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: Package not delivered on time. and lost package.

We are in receipt of your e-mail of 07/21/03. Unfortunately, our caseload at this time is such that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.

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Answered on 7/24/03, 2:49 pm


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