Jim Kerr New Haven, CT
-----Original Message----- From: email@example.com [mailto:firstname.lastname@example.org]On Behalf Of David Cowie Sent: Wednesday, October 29, 2003 4:23 PM To: email@example.com Subject: [CR]Update; Fed ex Damage, '72 Chrome Paramount,Victory
After about 6 weeks of fax's, arguing over title to property, and generally jumping through as many hoops as the FedEx"legal dept." could think up, I finally got a settlement that paid, in full, my declared value and allowed me to keep possession of my bike. It came down to a current and one former CR list member's (both master frame builder's) writing me estimates for a replacement frame and one to repair the damage. It seems that if you intend to repair the item, even though the repair is higher than the amount in question, there is a pigeon hole they can put you in that "salvage" is not an issue. If you are ever in this position, 1.) declare a value to begin with that is high enough.(my 1st mistake). 2.) never use the words "collectors item". 3.) don't check the "total loss" box on the claim form, check partial loss. 4.) get estimates for a replacement / repair from the get go. Even if they need to recreate the frame from the ground up. I got a few letters from list members after my first posting that tended to agree that if Fed ex pays they should get the item, Shame on you all for going belly up to a "policy" of a corporation and not standing up for your property rights. They should pay for the damage they did up to the declared amount. Fed ex does not sell insurance of any kind and is not in any legal position to use the insurance salvage law's.They will if you let them. They are obligated to "make me whole" if they damage my item. Transfer of title should never be on the table. Of course, if you are sending a normally replaceable item and they pay in full , this is not an issue. If you are sending a '72 NOS custom made chrome Paramount , it is.
Thanks to the list member's who helped me out on this one.
Glad I stood up and shook the tree.