Can I sue regarding a motorcycle that was damaged during shipping?

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Can I sue regarding a motorcycle that was damaged during shipping?

A motorcycle was shipped from CO to CA. Insurance provided by the shipment company was declined. The company then damaged the bike and attempted to repair it without the owner’s consent. The bike was delivered damaged and freshly painted. No information regarding the accident or performed repairs was provided to the owner. The motorcycle was evaluated by professional mechanic in a local shop and the

estimated cost to repair is $3250. A demand letter was send to shipment company with the request to repair the bike professionally but the company refused to cooperate.

Asked on January 14, 2019 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can sue them. If the motorcycle was damaged due to their negligence or unereasonable carelessness (like not packing or securing it; dropping it; dropping something on it; not keeping it in a guarded or locked area so someone go into it; etc.) they are responsible for the cost of the damage they caused. Only if they can show that they had nothing to do with the damage--e.g. some other driver hit the vehicle transporting it; despite good security, someone managed to break in and vandalize it; etc.--would they not be liable or financially responsible for the damage.


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