Legal Question in Business Law in Indiana

Damaged Item During Interstate Shipment

I recently bought an old radio from a radio restorer who lives in Oregon. I paid him in full with USPS money orders. The restored radio was airshipped by a major airshipment company to my home in Virgina. The item was packed extremely well. However, the radio arrived with severe damage (I believe it was pushed over onto its back). The airshipment company has said that I cannot make a claim since the shipper paid for the airshipment and insurance. They will pay the shipper for the claim. However, I believe that I owned the unit before it was shipped (I paid the restorer in full before he shipped the radio to me). If I owned the radio before the item was shipped, then the airshipment company damaged my property. My fear is that the airshipment company will pay the shipper for the claim but the shipper will not pay me for the claim. Can I force, through proper legal action, the airshipment company to process the claim through me? Can I claim, through proper legal action, damages to my property by the airshipment company? Thank you.


Asked on 7/03/02, 4:54 pm

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Damaged Item During Interstate Shipment

I had this very same problem when I had an old item shipped-the easiest way to handle this is to have the shipper make the claim, but to direct payment to you. The shipper can help arrange this and the shipping company can pay you directly

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Answered on 7/08/02, 11:24 am


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