hello, here is the situation...I bought a vehicle from tennesee and had it shipped to ny. The trucking company said the vehicle was insured. When I recieved the car monday there was at least $1,000 worth of damage. Now, there was a vehicle description report that the trucker left blank meaning there was no damage to the car, when I got the car, again, there was 4 major things broke or stolen off the car. Here is where I screwed up...I signed the paper saying there was nothing wrong with the car not knowing what I signed...I am in the process of getting an affidavit (sp?) that shows the car was damaged upon arrival, and I have a witness that was there with me. I called the company the next day and told them that I would be making a claim w/the insurance company but he said since I signed that paper Im screwed and he was not obligated to do anything...he wont contact his insurance company and he will not return my calls. I have never sued anyone before, and honestly it would probably cost me more $$ than Ill be getting IF I win but it is the principle...what should I do,,,,do I have a case....I took pics of all the things wrong and I am getting the notary to sign the form...anything else I should do...help neede
The company is Erin and Bills Auto in Buffalo NY so beware
email me or reply
jraguz@adelphia.net

If it doesn't work getting a lawyer go to WKBW Channel 7. Maybe they'll put it on air and put the pressure on that place that screwed you.

yeppers that would do teh trick, they dont want the publicity of having a bad carrier over the television where everyone can see and it will make then think twice before using them....

quote Originally posted by xlowes: If it doesn't work getting a lawyer go to WKBW Channel 7. Maybe they'll put it on air and put the pressure on that place that screwed you.

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Check ur PM's

Not good, once you sign off you are really screwed.
The company is correct
As for putting their company on the news, you must realize that the company does have a lawyer and can sue you and the media if they are poorly represented. They unfortunately hold all the cards.

Does not really help you out.
You can call the local law society who will give you a list of lawyers in your area, who will give you a 30 minute consultation for $10.00.
You could call the local university to see if they have students whom will represent you.
You always have the option of small claims court. In order to be sucessful you will have to prove the document you signed was poorly represented i.e. You were under the impression you were signing a payment receipt etc. If the document has clearly visible anything as in condition of vehicle on or near where you signed, you don't stand much of a chance.

Not trying to be negative, however the scales of justice are not in your favour.

Anything you signed you are entitled to a copy, if you do not have a copy then ask for one immediately and rear what you signed.

If you signed a blanket receipt and not a declaration of condition you might have a chance.

If so keep the money in your hands and file a small claims action. Always be reasonable, you can not sue for trouble lost time etc. just the direct damage i.e. one gt sail panel $300 from GM $200 from fiero wherehouse, include photo's and quotes or actual bills where replaced.

You must also have a loss not a possible loss, i.e. replaced missing sail panel and not quote from GM to have body shop replace body panel, which we all know would be priced out of range.

Good luck, be patient, list all witnesses in proper order and lay out your complaint in time line

i.e.

Tuesday the 22nd of february 2005 0900 hours received phone call to attended carrier address (name/address)
0932 at carrier's address
0933 asked to sign release document
0935 taken to vehicle and noted damage
1050 contacted sellor whom stated car ledt in great condition
1100 spoke to john doe at carrier who told me to get lost
1110 attempted to locate owner
1120 call refused
1420 call refused

and on and on

the clear you lay everything out the better it appears, people understand and the possability for an informal resolution.

more then likely the carrier must pay the first thousand or so deductable thus really you want the money out of the driver or carrier's pocket.

Also contact the sellor, he obtained the shipper and entered into a contract when the vehicle was picked up

Good luck

tim

Small claims court will cost you less than $100 and you won't have to hire a lawyer. I would find out who is in charge of the company and put his name on the papers to make sure he has to show up. It'll be easier for them to file the insurance claim. Also, the Better Business bureau is another option, but it is funded through businesses, so I'm not sure how well that'll work out. But, once again, it'll be enough of a bother for them to send a rep, so maybe they'll file the insuarance papers??

i think i will call the BBB, after that I will go to small claims court if that does not work

quote Originally posted by carnut122: Small claims court will cost you less than $100 and you won't have to hire a lawyer. I would find out who is in charge of the company and put his name on the papers to make sure he has to show up. It'll be easier for them to file the insurance claim. Also, the Better Business bureau is another option, but it is funded through businesses, so I'm not sure how well that'll work out. But, once again, it'll be enough of a bother for them to send a rep, so maybe they'll file the insuarance papers??

Small claims court will cost you $39 and you will be reimbursed for that if you win. You can sue up to $3500 without a lawyer, best part is he will not have a lawyer either, and the burden of proof in civil court is much lower. The numbers vary by area but should be simular

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I have order parts from Scott Kovalik DKOV@Pacifier.com at 2004.04.02
Amount: $1,701.00 USD
2 sets HVAC Vents
1 set OEM Gauges with Pod
1 set 355 faux stiker set
But untill today I haven't recived anythings from him I'm from Taiwan what can I do to make him fix this problem? I know he did this to few other people in other fourm and this fourm too can we put it together as one case and get him pay our money back? can anyone help? Thanks~

Many more people are in the same situation as you are....Unfortunetely, not much progress just complaints and frustration....For more info and complaints on DKOV READ BELOW:

http://69.94.88.210/index.php?topic=4325.0

You should do fine. Just stick to the story that you were told you were signing a claim form.

hate to tell you this but since you signed the paper you are out of luck. That is why they have you sign it now they are covered because you did sign the paper. Not flaming just as a lesson learned never sign anything until you have read it.
Good luck with it though.

Go to small claims court and you will win with the pics and witness! Plus the paper showing that there was no damage upon him transporting the car... This is according to my brother, who is a partner of a law firm... He says mistakes happen in contracts, but you acted swiftly and the documents they have verifies there was no damage at first. The company will likely settle instead of having to go to court for such a small amount of damage..

Good luck and don't let them off easily!!!