Can I sue UPS for the balance of an item they damaged?

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Can I sue UPS for the balance of an item they damaged?

I sold an item on eBay, opened a Paypal account and had $825 in the account. Shipped the item trough UPS and didn’t pay for the insurance. UPS dropped the item off the back of their truck, severely damaging it and are only offering to pay my shipping fees, ($130) and to give me $100. Pay pal took the money in the account back. Leaving me out the remaining balance. Can I sue UPS for the amount I had in my account?

Asked on April 26, 2011 under General Practice, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you did not purchase the insurance, you might be out of luck depending on if UPS's shipping policy is if the package safety is your gamble until it reaches its destination. I have a feeling it is and hence why you are given the option to purchase insurance on expensive items and really any items. If PayPal took the money back because the consumer did not purchase the insurance and you had given the purchaser the option to purchase the option of insurance, you may need to review ebay buyer and seller policy and see if the purchase by the buyer without asking for insurance relieves you of liability, which may allow you to get your money back from PayPal.


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