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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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