Legal Question in Civil Litigation in New Jersey

Delivery company's liabilities

on 11/13 i pulled into my driveway at 1:15PM & my side mirrors were both fine. At 1:58PM UPS made a delivery to my home of 1 heavy and 1 medium box. He walked btwn my neighbors car on his right and walked into the side view mirror of my car. When I went to leave at 4:00PM I saw the passenger mirror hanging by the wires. The mirror snapped, and the Jaguar dealer says it will cost $1300 to replace. The heavy box that he was carrying has a gash (I saved the box) which is an exact fit of the side of the side mirror. UPS, in essence, says they do not believe me. The driver, of course, says he didn't do it. Do I have any recourse?


Asked on 11/16/07, 6:01 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Delivery company's liabilities

You sue them, and persuade the judge that you are correct.

There is not enough at stake to make it worth your money to hire a lawyer, I think.

Still, call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/16/07, 6:08 pm
Richard Wolf Wolf Law Associates LLC

Re: Delivery company's liabilities

At the outset, please let me say that this is not legal advice and my answering your anonymous question does not create an attorney-client relationship. This is for informational purposes only.

Using the courts to "prove" you are right and the delivery company is wrong or liable will cost more than the value of your deductible. Every organization has a customer complaint line, and that should be your first recourse. If you are not satisfied with the response, the next step would be to write a letter to the company and explain the situation. Their website should give you a contact for customer complaints. If not, or you are still not satisfied, you could write a letter threatening to bring an action in the small claims court and explain that it will cost them more to defend than just to pay an upset customer. You see, individuals can file a small claim but company's need lawyers to represent them. Chances are you will get some relief, but you just have to exhaust the process and show you are not going away.

Sorry. Wish I could give you an easier answer!

Good luck!

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Answered on 11/16/07, 6:17 pm
David Heron David C. Heron, Esq., LLC

Re: Delivery company's liabilities

I have to agree with the above answers - sometimes you may be right but it will cost you more to sue in court than the claim is worth - so you have to ask yourself is the principle worth the time and effort.

I suggest you follow Mr. Wolf's advice and pursue your claim through the company's dispute channels.

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Answered on 11/16/07, 9:13 pm


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