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What do I do with a FedEx claim denial?

Well, I have just had my first bad experience with FedEx. I recently sent an item back to the manufacturer for service and the remote was damaged during shipment. I asked for a letter from the manufacturer confirming the damage and the $200 replacement cost. The package was insured for $1000. I sent the letter in with the claim form to FedEx. As expected, FedEx denied the claim. The remote came loose from its compartment in the foam packing material during shipment and cracked. There was no visable damage to the box. What recourse do I have other than to get a lawyer? Hardly seems worth the effort for $200. I definately plan to cancel my FedEx account but then I will have to use UPS which is probably worse. Isn't this kind of thing the reason you buy insurance?
mchd1

Showing 1 response by dgclark0007

dgclark0007
29 posts
 
I am a lawyer. You can try filing a claim in small claims court against FedEx, and they might settle just to avoid the expense of sending a lawyer to court. If they do choose to go to court you will likely lose, since there was no external damage to the box. If the electronics was shipped in the original carton with the original foam inserts, and the remote was properly placed in the inserts, then the manufacturor is probably liable. This is based on the theory that the shipping carton did not properly protect the electronics in shipment. I would certainly press the manufacturor for a new remote. A remote will cost them very little, and they need to improve their carton.
Good Luck.
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