Anybody won a dispute when UPS denies a Claim, any tips?

  • Thread starter Thread starter ttosh
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ttosh

ttosh

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I shipped a Mesa 4x12 cabinet to a fellow forum member and it was packed in the original Mesa Boogie box with all the inserts of 3.5+ inch foam to protect it, this is exactly how all my cabinets have come to me from Mesa Boogie. Jason the forum member who bought the cabinet said it was boxed just like he received all his Mesa cabinets and it looked like the UPS driver dropped it from high up going 60MPH. UPS denied the claim saying the packaging was not sufficient. I have disputed and told them they can talk to Mesa Boogie or any other cabinet maker and they would disagree with the UPS decision. Is there anything else I can do to help in my favor here?
 
They always say that right off the bat. Ask them to escalate the case and let them know you want to speak with the adjuster who denied it. They are from a 3rd part insurance company representing UPS. You get them and reiterate exactly what you posted here and make sure the guy who got it keeps all the packing and if he can send you pics of the packing material and the damage. Especially the outside of the box and any damage to it. They will roll over if you stand firm with them and keep on them. I have fought them several times after an early denial and got paid most of the time. Sometimes not but they tell everyone denied out of the gate and 90% of people leave it at that.

Good Luck.
 
+1 what Brad said. Escalate the claim. First response is always "no".
I shipped an amp last year and the headshell was damaged on arrival. They denied the claim but I had pics of how it was packed and wouldn't let it go. They paid 90% of replacement cost in the end. Not everything I wanted, but better than a poke in the eye with a stick.
 
Yup. that's the rubber stamp denial they throw out everytime. They always claim the single wall box was insufficient.
Look for the rating on the box and send them a picture of it.
Was the box damaged?
In my last case they denied it for the box but the box wasn't damaged at all. I asked how they could blame the box when it was in perfect shape and had a rating that exceeded the weight of the amp.
They will dick you around and ask for pictures, reciepts, and proof of value.
Jerry
 
Good luck! Like mentioned, if you push them hard enough you'll likely get what you want.

That said, many of these companies don't package their products to UPS's standard. It would cost far too much to insure & fight claims, plus pay for add'l s&h. So they get the best material they can in a reasonable format and send them that way. Wouldn't worry about it, but that's something to keep in mind. UPS requires you pack items to withstand an eight foot drop.
 
When I moved from NY to CA I shipped quite a bit of stuff.

UPS Gorilla's ruined 80% of my stuff.
High end stuff too.
(To this day, my home theater Subwoofer is all cracked up, and was a beautiful piece of furniture before I shipped it).
They will fight you, tell you you packed it wrong, but if you have the proof, they will give in eventually. proof though is having receipts as well...showing market value and such, so they know what to pay out.
 
Oh yeah, and their rates just went up 6%. Happy New Year!
Jerry
 
Thanks for all of the input guys. I did not see a way to escalate the claim but I did dispute it and wrote the response the best I could. Now to wait for their response. Does anybody know if a cabinet can be easily fixed if the damage is not too bad? Would having Mesa do this be the best bet or are there other options in case I do not win out in the end?
 
How about suing them in small claims court? When they weigh the cost of ltigation vs value of claim they should cave.
 
If I remember correctly Jim from Scumback had to take them to court at one point. If you do a search you might find it on here.
Jerry
 
UPS is the worst. I flat refuse to use them compared to FedEx. No shipper is perfect, but at least FedEx pays claims in a timely fashion.
 
I even double-box cabs for just this reason. lol
No way in hell do I want to give them any reason to say packing was insufficent - even when using the original shipping box. I've heard they'll claim the box was only rated for one shippment or something.
 
Ayrton":3lw5iex7 said:
UPS is the worst. I flat refuse to use them compared to FedEx. No shipper is perfect, but at least FedEx pays claims in a timely fashion.
Click to expand...
FedEx was pretty terrible when I needed to submit a claim to them. Took easily 6 weeks after they refused to pay out.
 
Believe it or not the best track record for not breaking things and getting it there on time is USPS (Consumer Reports said so and it is my experience). Trouble is you are limited to size with them.
 
The last time I shipped UPS, they inspected the packing before the package was shipped. So, they had to approve of the packing before it was shipped. Not sure how your case was handled. If you continue to refile your claim, or appeal, you will eventually get some compensation. They may try to pay out for repair, to lower their cost.

I never use UPS anymore. They destroyed a vintage Marshall 4x12 I sold. They inspected the box, said it was insufficiently packed, added packing, and it was the added packing that caused a lot of the damage. It took almost 9 months to get reimbursed, but they did finally pay.
 
R.Milbeck":kjq6ko1x said:
I found this advice on a forum a while back and saved it.
Hopefully there is something here you can use. Good luck.

"I have sued them twice and won both times...as a matter of fact, they dont even come to court. They just wait for the judgement and send out the check. The last time took less than 2 months because I knew how to do it. Here are the steps if anyone is interested.

1. First claim is always denied so wait on the denial 2-3 days.
2. Take the denial to small claims court in your town. It will cost you about 75 dollars to file the claim. Court date will be about 30 days out from the day you file.
3. Serve them papers at their regional office, my regional was in Indianapolis.
4. Show up at court with your item in the car...in case they show up.
5. They wont show up, you win the judgement by default.
6. Take the judgement home, call the regional office, and ask to speak with the manager of the regional office.
7. Fax over the judgement.
8. Receive the check the next day by UPS Air for Original shipping, cost of item, and court costs. "
Click to expand...
Hell yes!!!!! :thumbsup:
 
WOW, UPS SUCKS! They destroyed a port city 412 I traded a fellow member and I got my check about 3 weeks ago, and it was a 2 month ordeal. I used my box but had UPS pack it so I called them every few days and aggravated the Hell out of them. I also mentioned if they didn't refund my shipment I would be consulting a lawyer! They finally did the right thing but those guys do suck indeed!
 
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