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Can I put a lawsuit against FedEx for damaging my laptop and then denied my damage claim?

Discussion in 'Small Claims & Municipal Court' started by fvarner66, Dec 11, 2020.

  1. fvarner66

    fvarner66 Law Topic Starter New Member

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    Can I put a lawsuit against FedEx for damaging my laptop and then denied my damage claim saying that there was no damage, but there was? And now they are telling me why they did deny my claim because they say HP was the one who made the shipping label for me under their account, and I said to them that HP told me they already made a claim for me and sent them the documents and they told me to contact HP back again. I got all the damaged pictures HP sent me when they received my laptop to repair my keyboard and frame, but they couldn't fix it because it wasn't entirely poorly managed, and they sent it back to me because of what FedEx did to my laptop.
     
  2. army judge

    army judge Super Moderator

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    FedEx automatically protects packages against loss or damage up to a value of $100 without a declaration of value.

    If the value of your item is over $100, you should HAVE declared the correct value of the item.

    If not, the maximum liability FedEx faces for loss or damage to the item is $100.

    FedEx offers a guide to damages and their claims process:

    File a Claim | FedEx


    http://images.fedex.com/us/freight/pdf/Guide_to_Loss_and_Damage_Claims.pdf


    Anyone is free to sue anyone for anything.
    The question you need to ask yourself is "can I prevail"?
     
  3. zddoodah

    zddoodah Well-Known Member

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    Anyone can sue anyone for anything. Hard to imagine that comes as news to you, though. Maybe you intended to ask if you'll win the lawsuit that you're contemplating, but it's hard to imagine that you'd think anyone here would be able to opine intelligently about that without any relevant facts or access to any evidence.

    It's worth nothing that several statements in your post are unintelligeble:

    Huh?

    So what?

    Again, so what?

    Why did "HP" send you damaged pictures?

    Huh?
     
    justblue likes this.
  4. fvarner66

    fvarner66 Law Topic Starter New Member

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    If I sue them will I win without an attonory?
     
  5. cbg

    cbg Super Moderator

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    The crystal ball is out for cleaning. Sorry, we can't tell the future.
     
  6. army judge

    army judge Super Moderator

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    FedEx appears to be wearing armor designed to make suing them impossible, once you accept their terms of usage/carriage.

    The MOST one can collect is $100 for the damaged/demolished item, UNLESS one takes out INSURANCE offered by FedEx.

    Read the "pdf" which explains the claims process in detail.
     
  7. fvarner66

    fvarner66 Law Topic Starter New Member

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    I just did I might lose the case with a lawyer or without a lawyer right?
     
  8. cbg

    cbg Super Moderator

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    You very likely WILL lose the case with or without a lawyer.
     
  9. fvarner66

    fvarner66 Law Topic Starter New Member

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    Ok thanks.
     
  10. Tax Counsel

    Tax Counsel Well-Known Member

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    I disagree. We simply can't say what the chances of success are since we don't have anything close to all the evidence to review to make a good assessment of how it would come out. FedEx certainly has the terms of carriage written to its advantage and you need to buy the insurance to get a shot to get anything more than $100 when things are damaged, but assuming that insurance was purchased it is certainly possible to prevail and win the claim on insurance with the right evidence.
     
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  11. Zigner

    Zigner Well-Known Member

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    That means that YOU are not the shipper, HP is. HP has the contract with FedEx, and HP is the entity that needs to pursue any claim with FedEx.
     
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  12. zddoodah

    zddoodah Well-Known Member

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    If you sue with an attorney, you may win or you may lose. If you sue without an attorney, you may win or you may lose. Logic dictates that you'll have a better chance of winning if you have an attorney, but your likelihood of success depends more on the relevant facts.

    By the way, I asked a bunch of questions in my prior response, which you ignored. Why?
     

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