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My turn to ask for advice

post #1 of 24
Thread Starter 
This is regarding the pool cues I recently scrimmed for a client. In sending them back to him, somewhere along the way, the package was opened, the cues removed out of their protective cloth bags, the protective wrap around the ivory to further protect my work was removed. The cues were then stuffed back in the mailing tube, but instead of putting both caps on the tube, only one cap was placed on it, the other end was taped, not completely and the bags were stuffed back into the tube falling down into the end. The bubble wrap and popcorn were removed as well, and someone stapled one end of the cap causing staples to go into the pool cues.

While it was in transit, one cue was sliding in and out of the tube, the cue got wet, warped and bent, the scrim completely ruined. The other cue is salvageable, I will be getting it back here in a few days and I just need to reapply the color to the snakes.

Here is my dilemna. I bought insurance on the package, $2,000.00 The company who should be standing behind the insurance and paying the $1,200.00 claim (the cost of one cue and my scrims) they are dragging their feet, coming up with one excuse after another why they cannot pay this. The maker of the cues wants me to file suit against the insurance company and sue them in small claims.

Suing people is not what I am about. I did tell the company I was going to do this, but I really don't want to follow through with it. I am hoping that just the threat of it might stop all the foolishness of them heming and hawing and telling me one thing after another to supply so they can pay this claim. But because I bought the insurance and my client is in another state, he has asked me to bring this suit against them.

Any advice out there among the masses to quiet the chaos in my head right now?
post #2 of 24
Oh I wish I did have some really good advice for you Hissy!!! I have never been in this situation, though, and am not sure what to tell you!!! I too would hope that just the threat of a lawsuit would be enough to get them to come through and pay for the damage! I wish I had some good advice for you! Maybe someone else here will, or has been through this before! You are in my thoughts with this MaryAnne and I hope it does not come to a lawsuit and that they will pay you!!! Please keep us posted!!! *hugs*
post #3 of 24
I know it seems like a huge pain, but I would definitely sue. Companies count on people not wanting to go through that, or not wanting to be the kind of person that does sues. You worked hard, you packed them properly, you paid the insurance, you deserve to have the items delivered, on time, intact, or be compensated. Not only that, but the person hired you to a service for him. Even though you did your part, it would be bad for future business if you do not do this. I know it really stinks, but you did not do anything wrong, they did not do their job. I go about 4 rounds a year with UPS messing things up, but I get it taken care of, and have never had to sue. You just have to keep after them.
post #4 of 24

First off, I'm so upset for you - all that hard work to make something so beautiful and look what has happened. I feel terrible about it as I'm sure you do.

As far as suing goes...I don't understand why the company isn't paying up. Why pay to insure something if they aren't going to stand behind it? I would definitely take some sort of action. I've also heard that if you just keep on them - they'll eventually do the right thing - just to get you off their backs, I guess. They count on people to just forget about it and cut their losses as Krazy Kat 2 stated in the post above. I agree - if suing is what it takes - you should go for it. I wish you the best of luck with this dilemma and hope it turns out in your favor.
post #5 of 24
Mary Anne - what a shame these lovely objects got ruined but thoughtless idiots.

I too, like you am wary of legal action. It always ends up more hassle and more cost than it is usually worth.

What I like to resort to (and this has worked recently with my broadband provider who has been messing me around something terrible), is the threat of writing to the press - TV, radio or newspapers.

I do find that this is the quickest way to secure results - especially if you have consumer affairs programmes/articles that can champion such a story.
post #6 of 24
Please go ahead and sue. This is not like a personal law suit, where you are making claim against an individual. This is a company, who I suspect saves a lot of money by dragging their feet on paying up for claims. It is merely a business transaction for them, and as your client is happy to participate in the suit, there is no reason not to. That is what insurance is for, they make a lot of money from people like you who use their service, and you are entitled to the compensation. It will save you time and money and heartache in the long run.

Personal law suits, on the other hand, are much more difficult, and often cost more than they are worth. Don't confuse the two, a business suit to extract a claim that is owing is just normal business practice. And that is a huge amount of money to be owed.
post #7 of 24
I agree, this isnt a personal lawsuit, you worked hard on your scrims only to have them damaged by the company. They need to be held accountable for what they did, and if you make them pay up the insurance - you paid the insurance, and it may make them think twice about nosing around in peoples packages.

Good luck MA!

post #8 of 24
You paid for the insursance for a reason if they wil not honor it you must sue. If you dont your customer may not come back to you also. It is a pain but small claims isnt too bad. Hey maybe we could get you on the tv courts. Then we could all see you.
But seriuosly please sue if needed.
post #9 of 24
Here's an idea to toss around. . .

What about finding the name of the President of the insurance company, writing a very polite letter saying that:
1) x happened on x date,
2) you have tried a, b and c with employees Smith, Jones and White on such dates to try to recover claim
3) but have been thus far unsuccessful,
4) and you are sure this esteemed company would not intentionally do this. Is there some way he/she as President can rectify this to the tune of $1200?
5) Here are copies of the receipts etc.
6) Thank you so much for looking into this and you would hate for this to happen to others as it must be frustrating for everyone.

Good luck, Mary Anne! What a frustrating thing to go through!
post #10 of 24
I totally agree with what Maui just stated as a course of action.

Right now I am suing a company and we are trying to keep it out of small claims court. It's a frustrating situation, but this company is totally at fault and I refuse to back down.

The important thing to get a claim settled is to talk to the 'right' people. Go as high up as you can, skip the customer service people. Talk with the General Manger (or similar) that deals with your area, stick to the facts, and keep the pressure on. Always keep a log of the people you spoke with and the time and date. Always end your call asking when the next time they will contact you and make them stick to it!

I have been battling with this company for over 2 months (for a renovation they did in July)! It is a headache, but right now it's a matter of principle.

post #11 of 24
Mary Anne - go to the top first, that's good advice. Skip all the customer service reps and DEMAND to speak to a claims manager. If you've already done that and gotten nowhere, address a letter to the President as a last resort, and explain that it's your last attempt at reconciliation before you file a suit.

I know you're time constrained and a suit IS a hassle, but if it comes to that, it comes to that. They owe the money, and if they won't pay, then that is your only resort. It sucks that not all people and companies are honorable, but that's the way it is at times. I so hope you can get results without the hassle.
post #12 of 24
But I just wanted to add, don't bother explaining the story to anyone again - insist on a claims General Manager, and simply explain that you've already told your story a hundred times and received no results - tell the person at the end of the phone that they should not take it personally, but you've had it and don't want to have to sue but..... if they don't get a GM on the phone NOW, that's what is going to happen.
post #13 of 24
Hissy, What about the Better Business Bureau in your state,Somestimes all they have to do is make one phone call to them.They hate that!
post #14 of 24
The BBB will help you. I agree with threating to tell the media. They hate that and would much rather give you the money than lose bussiness. What a shame that your work was ruined and shame on them for not fullfilling their obligations!
post #15 of 24
The media is not a bad threat. Does your local TV station have a "problem solvers" hotline? Or is that only big-city stuff?
post #16 of 24
Thread Starter 
IT WORKED!!!!!!!!!!

This is what I did, I threatened to write to the State Commissioner of Insurance, I threatened to write a company to the BBB the President of the Insurance Company and the Insurance Agency- I also told them I would send copies of each letter to ALL the local papers around Oregon. I told them thanks to the Internet, I can do this from the comfort of my home and cause them all sorts of headaches. I also told them that if this doesn't result in what should happen, I would sue in small claims and after filing, I would call Judge Judy to see if their show would be interested in this unusual claim.

Ten minutes later, I get a call from the owner of the Insurance company and they will send a check on Tuesday! They wanted to give us more money then we sued for, but I told them No!!! LOL

Thanks board members all of you had great ideas!
post #17 of 24
Sounds like you got some great advice already just wanted to wish you luck.
post #18 of 24
Good, I am glad everything turned out,for you!
post #19 of 24
Way to go Hissy - I am glad that it all worked out. The board sure has a lot of magic here!
post #20 of 24
I'm so glad it worked out. I did not have much "sueing" advice because I've never been in such a predicament. I'm glad this will be a somewhat happy ending. It just doesn't replace the loss emotionally....
post #21 of 24

I'm so happy everything turned out okay for you!
post #22 of 24
WAHOOOO way to go Hissy!!!
post #23 of 24
Good job! Way to stay tough and stick to your guns!
post #24 of 24
I am so glad to hear this!!!!!! I'm glad you didn't have to sue them, and that they paid you!!!! Way to go, Hissy!!!!!!!
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