Shipping Insurance Liability Question..Resolution

[Jason]

I recently sent a 10 card submission to one of the 3 big grading companies.The package was insured and had tracking.It showed delivered to the grading company on Oct 10.A quick call to the post office confirms this.Here is the rub,the grading company claims to never have received said package.Of course I had to pay for return insurance through the company as well.So with this package seemingly in limbo,who if anyone is culpable for the insurance claim?This is my first issue of this sort so I'm looking for a little help or similar experiences.Thank You.Jason Wells

[usernamealreadytaken]

Hypothetically speaking, the carrier would probably deny a claim under these general facts as they arguably met the terms of the insurance agreement- the secure delivery of the package, which appears (at least from the record) to have occurred. That said, an examination of this agreement would be necessary on what is and what is not covered.
If one could establish receipt by the third party, one might allege that the recipient owes a duty as bailee of the cards which they are alleged to have breached by losing the package. This too depends on the jurisdiction's common and statutory law -- counsel that only a licensed attorney within the jurisdiction would be able to provide.

[smtjoy]

Did you send the cards with signature confirm on it?

[Jason]

Did you send the cards with signature confirm on it?


No I sent it with delivery confirmation and insurance.I assume they have to sign for insured packages,no?

[Jason]

Hypothetically speaking, the carrier would probably deny a claim under these general facts as they arguably met the terms of the insurance agreement- the secure delivery of the package, which appears (at least from the record) to have occurred. That said, an examination of this agreement would be necessary on what is and what is not covered.
If one could establish receipt by the third party, one might allege that the recipient owes a duty as bailee of the cards which they are alleged to have breached by losing the package. This too depends on the jurisdiction's common and statutory law -- counsel that only a licensed attorney within the jurisdiction would be able to provide.


It's my thinking too that the carrier would be off the hook as they seem to have met all obligations of the transaction.It seems I have a long journey ahead as to a resolution on this matter.I hope it doesn't come to having to hire counsel on this to sort it all out.

[t206hound]

No I sent it with delivery confirmation and insurance.I assume they have to sign for insured packages,no?

Signature is required for any item insured for $200 or more.

[smtjoy]

Signature is required above $200 value so assuming you had that, then get with post office and get copy of the signature so you can present it to TPG as proof that the package was delivered (this signature is normally only used when there is a claim for damage). I would never send anything to a TPG without Signature Confirmation even if its insured, for $2.15 this is your proof it was delivered and who received it.

If the cards were valued under $200 and no signature was needed I think it are screwed as you have no way to prove who got the package. All you can do here is report it to the post office that the receiver claims to never have gotten it and they can keep an eye out if it turns up.

I also agree that you have no recourse with the USPS as they did what they were paid to do and there was no damage to the mail and that's all USPS insurance covers.

[dog*dirt]

Although slightly different than your case I have a similar experience.

I was to have a package delivered to me and the tracking said it had been delivered Oct 6th but I was home and know for a fact it was not delivered. I then called the post office and talked to the person who was in charge of overseeing the carriers and was told that although it is not supposed to happen that there are times when the carrier forgets to deliver the package and rather them tell her they missed a delivery the carrier scans the item and tries to hide it in the sorting facility at the end of the day.

As I was not expecting to see my package ever, it did indeed show up yesterday

[Jason]

Thanks for the replies everyone.I wasn't aware of the different types of signatures,i.e. one for delivery and one for damage.Either way someone there signed for it.The package was well over 200 so that's a good thing in a way.I have contacted the post office that delivered it and am waiting on a return call with more info.I will ask for copies of the signature as well as the address it was delivered too.The rep at the TPG didn't seem too concerned or compelled to help in any way,imagine that.

[glchen]

If the TPG in question is PSA, they are very backlogged right now even for loggage. I sent in a submission that was confirmed delivered by the Postal Service on Friday, October 5th, and I only received loggage today. I called PSA yesterday, and they said that they were 1-1/2 weeks behind for loggage. And lo, I received loggage today. Not sure if that was just a coincidence or if the call helped. Therefore, if your confirmation is only Oct 10th, then you might want to wait another week or so. In the meantime, it would still be good to find out who signed for the package.

On the other side, my wife recently purchased a cell phone from ebay (after she broke her current one) for around $150, so no sig confirm was needed for the package. The package was shown delivered by the Post Office, but we never received it. We talked to the Post Office, and they could only tell us it was some temp who delivered mail that day and not our usual postman. We figured it was lost, and she ended up buying another phone from the same ebay seller at a discount, when two weeks later, one of our neighbors showed up saying that he had gotten the package, and just hadn't gotten around to giving it to us!

[Jason]

Unfortunately it's not a delay in logging in.I talked to a rep and they say it is absolutely not in there building.Not even ill call you back and check with someone/anyone for more info.I felt like in the 3 minutes we talked they washed there hands of the situation.Its very disheartening.Mistakes happen but so does companies caring just a little about who pays there bills meaning there customers and not dismissing them so quickly.

[travrosty]

if it is psa, call the top guy, he ALWAYS explains everything thoroughly and goes way out of his way to help the customer, never shrugging off responsibility or having his secretary screen his calls so he can go golf or whatever it is he does.

[buymycards]

Jason,
Please send me the insured number. Should be a blue and white receipt. If it was signed for I will have the info for you tomorrow. My email is rickmcquillan@gmail.com

Rick

[Jason]

Jason,
Please send me the insured number. Should be a blue and white receipt. If it was signed for I will have the info for you tomorrow. My email is rickmcquillan@gmail.com

RickEmail sent Thank You Rick!

[egbeachley]

Unfortunately it's not a delay in logging in.I talked to a rep and they say it is absolutely not in there building.Not even ill call you back and check with someone/anyone for more info.I felt like in the 3 minutes we talked they washed there hands of the situation.Its very disheartening.Mistakes happen but so does companies caring just a little about who pays there bills meaning there customers and not dismissing them so quickly.

If they never received it then how much time are they supposed to spend on this? How many times do they need to look in every corner and interview every employee? What additional info are you looking for? Yup, still not here. And then they should start apologizing to their (not "there") customer? For what?

Now if the signature proves that they signed for it, shame on them. And I'll be the first to admit it. But if it's not there then they can't do anything.

[Jason]

If they never received it then how much time are they supposed to spend on this? How many times do they need to look in every corner and interview every employee? What additional info are you looking for? Yup, still not here. And then they should start apologizing to their (not "there") customer? For what?

Now if the signature proves that they signed for it, shame on them. And I'll be the first to admit it. But if it's not there then they can't do anything.

First of thank you for your input.I don't expect them to look or interview anyone multiple times maybe just an initial look and ask around.I doubt that could have been done properly in the 3 minutes we talked and he typed.Im not looking for apologizes or pity just some help and answers.Have a good night ill resolve this in the a.m.

[Jason]

So to update the story the mail carrier delivered the package to a different business.With the help of Rick (BuyMyCards) I was able to locate the business name and person who signed for it.A quick call to them yielded nothing.I thought that was it but a few days later it showed up in there mail room and the supervisor returned it to the post office.It is now at SGC logged in safe and sound.I have learned a few things from this experience.

This is why I love Net54.Rick went out of his way for me so many times to help resolve this problem.This is truly a great hobby and community we have here.I hope to be able to return the favor one day.Thanks to everyone else who chimed in with advice/comments.Also thank you to Doug at Safico for getting his hands on the package and returning it.Jason Wells

[rainier2004]

Good on'ya Rick, and glad to hear the cards were found.