Stolen property

[Billy Duke]

Jurisdiction

California

I had hired this trucker that I got from Uship.com to drive my belongings from Maryland to California.He was supposed to meet me at a storage on May 23rd,The guy leaves before I show up. And I haven't seen him since I gave him my items on May16th.I have been in contact with him but he keeps giving me the run around. First he held my property for more money which I gave him because he said that he paid movers to unload my storage elsewhere afterwards I found out was a lie because the storage said that he dropped something off but it wasn't until the 28th of May not the 23rd like he said.He sent me to another storage where I find out he didn't use the lock I gave him and he's had that storage since January and it looks to small to hold all my belongings,so I still don't know if my items are there.The people at the storage also thinks something's going on with him. He keeps lying about everything and I don't know what to do.he has my LIFE SAVINGS and he's not being honest. What rights do I have to sue him.

 

[mightymoose]

Do you have copies of any contracts?
Have you tired contacting the service used to hire him?

 

[Billy Duke]

I can go see about the contracts and yes I have been in contact with Uship but it seems like they don't want to get involved and I'm thinking of suing them as well and I was wondering can I sue them without insurance.

 

[mightymoose]

You need to find your contract.
If you have the contact information of the actual shipper you might visit an attorney and have them draft a letter for you.

 

[Billy Duke]

What do you want me to look out for in the contract that I can use?

 

[army judge]

What do you want me to look out for in the contract that I can use?

You might never get any money returned.

Your most direct play would be to see if the police will get involved.

If they can or will, you might get your stuff back.

 

[mightymoose]

The trouble is that the property isn't really stolen.
The contract might explain who you should be contacting and what the procedure usually is if the owner does not show up at the scheduled delivery. You are looking for anything in the agreement that the mover did not comply with.
I would expect your mover had other jobs to do, unloaded your stuff, and moved on to the next job.

 

[army judge]

What rights do I have to sue him.

A lawsuit should be your last consideration.

Read the USHIP website:
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http://www.uship.com/public/pdf/locale/en/uShipCargoInsurancePolicySummaryv5.pdf
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uShip Cargo Insurance
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uShip Guarantee - How it Works
...

If you chose NOT to procure insurance coverage from USHIP, your personal insurer MIGHT help you, presuming of course, you have an applicable policy to cover these kinds of claims.

A lawsuit will likely prove to be useless.
Why?
Here you go, mate, the USHIP disclaimer, as in don't blame USHIP for any issues with our CONTRACTORS losing, stealing, or misrouting your goods:
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uShip Cargo Insurance
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While many service providers using the uShip site have their own insurance, it's better to be safe than sorry. uShip cannot verify service providers' insurance credentials. Therefore, we've negotiated an affordable, all-risk, shipper's interest cargo insurance policy with third party partners. Unlike Motor Truck Cargo/Carrier's Liability Insurance, Shipper's Interest insurance provides coverage for the direct physical loss or damage to the cargo, not the Carrier's Liability. This means a faster payout made directly to you, eliminating the hassle of dealing directly with the carrier's insurance company. Cargo Insurance will be available for purchase at checkout on most shipments posted by US customers.

 

[army judge]

YOUR uShip Contract (excerpted) - how they gotcha, mate:

3. uShip is a Neutral Venue and Digital Clearinghouse. uShip is not a Transportation Service Provider or Shipper. Our website acts as a venue where shippers and TSPs can interact and enter into agreements. uShip is not a party to any shipping agreement made between uShip members via the uShip software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. uShip does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration, nor does uShip prequalify or validate the claims of brokers including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). uShip does not endorse, recommend or refer any specific TSP or shipper, nor does uShip have any control or influence over actions or decisions made by users of the service. All users of the uShip platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation services on your behalf. Because we are not involved in the actual transaction between shippers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of shippers to send items. We cannot ensure the shipper or TSP will actually complete a shipment. We cannot and do not guarantee the ability of members to complete or fulfill any services booked through the uShip platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any member's identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our members. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations, made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between You and the other member.


5. Shippers. You are responsible for reading all terms, conditions and tariffs published by TSPs, and when booking shipments on uShip. You are agreeing to the TSPs terms, conditions and tariffs, and entering into a legally binding agreement with the TSP, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the TSP, pick-up dates, delivery dates and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Section 11 additional details). A TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. IMPORTANT: uShip does not screen or qualify TSPs for compliance with federal, state or local laws and regulations, including but not limited to broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). It is recommended that You confirm such compliance directly with the TSP before services are rendered by the TSP.


14. Carrier Cargo Claims and Carrier Limitations of Liability. As a neutral venue, uShip does not set terms specific to carrier cargo liability. Except where otherwise provided by the carrier via the uShip platform, the carrier liability for any cargo damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All cargo claims should be submitted immediately by the shipper to the selected TSP to help ensure timely resolution, and uShip shall have no liability or responsibility for same. The shipper may not offset freight or other charges against claims for any loss, damage, mis-delivery, or non-delivery. Where provided by the carrier through uShip, the liability for cargo loss offered will be determined by individual carrier's governing General Rules Tariff or terms and conditions in effect at the time of shipment. If a shipment contains freight with a pre-determined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability for cargo loss. The maximum amount that a shipper may recover on a cargo claim will be that which is recoverable under the carrier's published liability limits and/or tariffs. The shipper agrees that by booking a shipment on uShip they have been afforded a choice of reasonable liability rates for the protection of all freight shipped, and has voluntarily chosen the released rates and limits published by carriers through the platform.

15. uShip Cargo Insurance. On certain shipments shippers may have the option to purchase the uShip Cargo Insurance coverage offered by Lloyd's of London through Roanoke and McGriff, Seibels & Williams. By accepting and/or purchasing uShip Cargo Insurance during the booking process, You agree to the terms and conditions under the uShip Cargo Insurance Policy, acknowledge that You understand certain policy restrictions apply including policy claim limits, exclusions on certain commodities and exclusions on shipments entering/leaving certain countries, and agree that uShip Cargo Insurance may be included in the total price at the time of booking. You further acknowledge that, if You do not opt out of uShip Cargo Insurance, You give us the permission to submit any necessary information You provide us to the third party insurance provider. You further agree to follow the insurance claims process detailed in the policy and acknowledge that uShip cargo insurance, if purchased, is non-refundable except in the case of a completed cancellation. uShip has no responsibility, liability or involvement in the issue of insurance, the denial of insurance, or in the payment of claims. Summary of policy details can be found here: uShip Cargo Insurance Policy Summary


20. Dispute Resolution. Disputes between You and uShip regarding our Services should be reported to uShip Member Support. We will attempt to resolve any disputes You have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between You and members regarding services. If You report a dispute to uShip, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a member who claims to have a dispute with You regarding transactions completed on uShip and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the uShip member and You agree to release us from any and all liability associated therewith. We encourage You to report all member-to-member disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.


THIS MIGHT BE OF USE TO YOU, MAYBE:


22. (U.S. Only) Household Goods Shipments. The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations for the protection of shippers of household goods. Your TSP is required by the FMCSA to provide You with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of your TSP at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other helpful information at www.protectyourmove.gov.


A very big GOTCHA


24. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the uShip Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between You and uShip.


25. Release. Should you have a dispute with one or more uShip users, You release uShip, Inc., its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.




THE BIGGEST GOTCHA OF THEM ALL, LEGALLY:


33. Indemnity. You agree to indemnify and hold uShip and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.