Two Companies That Damaged My Jeep and Cost me $625
The following is a little story about how I had my Jeep shipped from California to Georgia and how the canvas top, among other things, was totally damaged and how both of the companies involved refused to pay for it. One said it wasn't their fault, and the other saying it was an "Act of God".in the end I had to buy a new soft-top myself at a cost of $625. I thought that since they both screwed me, the least I could do was to tell everybody about their services and habits in the hope that they will lose business. Or they could pay me my $625. The following story is true, all the names are real, and I have all the original documents and pictures to prove it. Here's my story.
I rejoined the Army on 1 April out of a sense of duty after the 9-11 attacks and was sent to Fort Gordon, GA. Soon after my arrival I saw Fort Gordon wasn't a place to be without a vehicle, so I decided to have my Jeep shipped to me. The Army doesn't ship vehicles to service members within the states, so I would have to pay for it myself. I shopped around and found almost all the transportation companies are competitive and that there was very little price difference, so I settled on one in San Jose, CA called "All-American Auto Transport". They arranged to have my Jeep picked up in a few days and have it shipped out to me. Arrange to have it picked up? It turns out they are just brokers and that they only deal with the actual trucking company. They chose to use "McCall Auto Transport" of Jacksonville, FL. Well, whatever works, I guessed. They know best. Right?
So I called my friend, with whom I have given the keys to the Jeep, and told him what I was doing. McCall Trucking called him and they arranged a pickup date. A few days later he called me and told me everything had gone fine and that the Jeep was on the way to Georgia.
When I went to pick up the Jeep, I noticed the damage right away; hell, how could I not? The entire right side rear window had been destroyed, and there was a huge hole cut into the left front window! The metal frame holding the top up had been snapped in several places.
I called up McCall trucking before I even drove it. I asked the manager about the damage, and he said, yeah, he had noticed it when he dropped it off, and that there had probably been a loose "tie-down" strap whacking against the windows. But that was all he said. So I said I would be filing a claim with his insurance company, and could I please have their name and phone number. He became flustered and said we didn't need to involve the insurance company, that he preferred to bypass them and just reimburse me for a new soft-top.
He wanted me to give him a price for a new soft-top and fax him the quote, and he would send me a check. I said that was cool with me, and that I would start looking around and get back to him in a few days He also wanted me to make sure I filled out the "Vehicle Delivery and Inspection Report", noting all the damage, which I did.
So the next day I searched around on the web and found the least expensive ones at JC Whitney. I printed out the order form with the price on, as well as a couple quotes from other places to show him that I was comparing prices, and I faxed them all to him.
I waited a week, and after not hearing from him, called McCall.
"McCall Auto Transport."
"Hi, this is Dylan. I faxed you those papers about the soft-top for my Jeep you ruined."
"Soft-top for a Jeep.?"
"Yeah, remember? You delievered my Jeep and the soft-top was destroyed. You told me to fax you those relacement quotes."
"Oh, yeah. Ummm, we can't do anything about that because the damage was an "Act of God" and our insurance doesn't cover that."
"An "Act of God?" An "Act of God?"Are you nuts? Your driver didn't properly secure straps holding the Jeep down or something! It wasn't an Act of God, it was an Act of Billy Bob, the truck driver!"
"No, we can't control things like that. We believe it was wind damage."
"Wind Damage?" The Jeep was sitting on back of your truck! How fast was it going, 600 MPH? Your truck goes the same speed as my Jeep, and in 140,000 miles, I never saw the wind do anything like that! So stop bullshitting me. Last time I called, you admitted that your driver didn't properly secure the straps, and that you would buy me a new top, and now God is involved?"
"I'm sorry, but that is our decision."
"Uh, so who is going to pay for the damage then? It wasn't like that when you picked it up in California! Why don't you just give me the name of your insurance company instead and I'll file a claim with them."
He said they didn't have insurance, and he hung up.
So I wrote him a letter:
To:
McCall Trucking
P.O. Box 60874
Jacksonville, FL 32236
Tel: 904-713-8080
Fax: 904-766-9595
Re: Order # 19693
My name is Dylan, and I am writing to initiate a claim concerning the damage to the soft-top on my Jeep Wrangler. You stated you didn't want me to file a claim, that you prefered to handle it privately, which was okay with me.
I searched around the web for a replacement soft-top from several companies and faxed you the prices. The soft-top I priced is the same one that I had on my Jeep when I shipped it.
Sorry, but I cannot agree to your explanation that the damage was all an "Act of God". I have 140,000 miles on the Jeep, and I have never experienced wind damage like that which happened to my Jeep. I see no difference between my Jeep riding on your truck and me driving my Jeep on the highway.
Obviously, something on your truck was not secured properly and was whacking on the right side of the soft-top, as there is a fist sized hole in the passenger side front window; the entire passenger side rear window is shredded; and the read window has strong marks all over it's right side where something was hitting it. The marks are so heavy I cannot see through it.
The driver side frame is snapped, and there are two finger sized holes in the roof directly above the drivers seat. I have taken several detailed pictures of the damage and will be happy to email them to you if you wish.in short, the entire soft-top needs to be replaced. My insurance will not cover it since it was signed over to your company at the time of the incident. You stated that you would take care of it privately, so I sent you the information you requested. I would prefer we handle this quickly, as I am unable to drive the Jeep when it is raining, as I must keep it under a tarp in the parking lot, which does me no good.
I don't want to have to be a jerk and call the broker, All-American Auto Transport, complaining. I feel that I am in the right, since there was a good soft-top on my Jeep when you picked it up, and there wasn't when you delivered it.
The least-expensive price I could find for a replacement is $624.99.
Sincerely, Dylan
They never replied to the letter, so I wrote the broker, All-American Auto Transport to complain and file a claim. After a few days, on May 3rd, I received a letter saying All-American is not insured and has no business with the claims of it's carriers, that I would have to file a claim with McCall!
I called them (AAT) up and told him that McCall said they didn't have insurance, and the broker laughed, saying they HAD to be insured. He said he would find out for me, and send me a copy of it, showing they did indeed have insurance.
Okay, so McCall's insurance company was Hadley & Lyden, Inc. I sent them a letter in early June explaining everything that had occurred.
They wrote me back stating that yes, they were McCalls insurance company, but they only responded to claims in excess of $1000! As that was their deductible.
So they say that their deductible was $1000, and that they didn't cover any damage under that cost. Excuse me? So if I had, say, a Mercedes, and they damaged it to the amount of $995.00, it was on me?
Once again I called up All-American demanding that they make McCall pay for the damage they caused or refuse to contract out to them anymore. They told me that they have no control over the actual shipping company, and that I would have to file a claim through McCall Trucking's insurance company. I told them I tried to do this but he wouldn't talk to me anymore, and he said he would call them up and try to work it out.
They sent me this letter in late July, four months after my Jeep was damaged:
Mr Dylan, I have spoken to McCall Trucking, and their position is that the damage to your soft-top was not caused by anything his driver would have caused. If you do not agree witht he denial of your claim, you need to take it up with McCall Trucking.
As I stated, All-American is a Property Broker, and we do not carry insurance, and are not responsible for our carrier.
Kurt Boysen
Finally, on September 17th, six full months after my soft-top was damaged, I bought the new top out of my own pocket.
So there is my story. I trust a company to deliver my vehicle to Georgia safely, and they totally ruin my canvas top. I expect them to have insurance to cover any such damage, and they do, but my damage isn't "expensive" enough. $625 not expensive? It is to a soldier. If any of you reading this is a lawyer, how about some advice? Is McCall telling the truth? Just because their deductible is $1000, is it true they don't have to pay for my canvas top? Aren't they responsible for any damage that happens to my vehicle while it is in their care?
James
Atlanta, Georgia
U.S.A.
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