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CamMoreRon

Shiply - Transporter driver damaged classic car during loading & unloading

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Hi all,

 

Yesterday I had my classic car transported to a new storage location via an agent on Shiply and the driver damaged the car twice - once during loading and again when unloading.

 

The first instance is a little complicated: I had forgot to tighten the anti-roll bar bolts and it had dropped down, rattling on the loading ramp. However, rather than check what the problem was, the driver heaved the car back off the ramp with such force that it inverted the ARB and crushed the chassis rails underneath. I had gone to get cash while this happened and only returned in time to see him hauling the car off the ramps.

 

The second instance was when unloading at the other end: the driver rolled the car off the ramps and then pushed it with his backside / hip and dented the tailgate - this happened right in front of me. I didn't notice he had dented it until after he'd hurriedly left and I moved the car into the barn, so didn't get to confront him directly.

 

I wasn't going to make any kind of fuss about the initial damage, as it was a combination of our errors that lead to it, but the dented bodywork is just unacceptable. I messaged him when I got back last night:

 

Hi Tony, I have two big dents in the tailgate of my car from where you pushed it off the bottom of the ramp. The damage to the chassis rails I was willing to take on the chin as it was a combination of our errors that caused it, but I'm really unhappy about the bodywork damage. How do we go about making an insurance claim to cover the tailgate damage?

 

Which seemed kind of OK to me.. I was furious but tried to be civil.

 

His response came in three messages:

 

20:18 - Really, you didn't bolt the anti roll bar linkage on the car, any damage of any was caused by you not putting things back together properly. Your car damaged my truck. So please don't try this crap on with me

 

20:20 - What a [problem] artist

 

20:27 - I have just checked the cctv on my truck, there's no damage I can see done when loading or unloading your car, plus your car was covered up. I will gladly see you in court for making false insurance claims.

 

The first two are nonsense, as I'd told him I wasn't trying to place blame on him for the damaged chassis, as the ARB should have been secured. The third is what I'd like help with, because he's claiming to have CCTV footage. I haven't yet responded, so am hoping for some advice on how to proceed first. The car was covered, but the area of tailgate he damaged was exposed, so if he does have CCTV it should show everything.

 

I'm unsure whether I should ask for his CCTV footage, because (if it even exists) he may very well delete it. The guy clearly goes from 0-100 quickly and I don't want to ruin my chances of making a claim for the damaged bodywork by his rash decisions.

 

Can anyone please advise how to proceed from here? His service was fully insured up to 30k according to Shiply.

Edited by CamMoreRon

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I'd ask him if you could view his CCTV and write to him requesting that he maintains a copy for future reference.

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OK I've done that.

 

I also realised that I have CCTV in my workshop covering the area where he loaded the car, so this should show exactly what he was up to while I was away and how the car ended up pole-vaulting over the anti-roll bar.

 

I've asked him to make copies of his CCTV, and offered a G-Drive link for him to upload them.

 

If he refuses, what do I do? I have never had to initiate any kind of legal action against anyone before so have no idea where to start.

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If he refuses to allow you to see the CCTV and then tries to rely on it later he will just annoy the judge and thus lose the claim.

 

Start off with saying that you would like a copy of the footage and as a business he has no right to refuse but it would be in his interest to allow you to see this. Once he has allowed this you send him a copy of your CCTV without comment as to what it might show at this stage. If he doesnt allow you to see what he ahs then keep yours under wraps for the moment.

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