are shippers liable for trailer damage?

hmm legally i am not sure--- i had a shipper put the fork lift thru the roof on a translucent trailer--of course last roll----i felt sorry for him he was new operator----was at mohawk carpet---so they unloaded me and sent over to their own shop and made a very good repair--only draw back was the 4 hr wait until fiberglass was dry---oh well i needed the sleep anyways

 

wow-----i would hope that shipper covers it----BUT---i wouldnt hold my breath--
about all you can do is get it fixed and send them copy of bill--on a 10 yr old trailer tho--i bet they will say they were weak

 

if the guy busted 5 cross members, he was doing something very stupid. I would push and push and push them to pay for it.

 

Call your insurance and they will go after the shipper. This will avoid some uncomfortable situations that could arise if it is a regular customer.

 

+1 if you have full coverage, call an adjuster and get it fixed, it will be covered, and I can garuntee you it is something your insurance company will be used to dealing with.

 

I feel your pain because like I posted in your other thread, it's happened to me, but I kinda think your liable. Maybe you'll get lucky and they will admit error and get your trailer repaired, but unless you specified to the shipper or consignee that forklifts or cargo can't go over a certain weight limit, or unless they used a forklift that is not used for the inside of a trailer then, then I think your liable. Ultimatly, your responsible to know what your equipment can and can't handle and apprantly you didn't know that because you asked in your other thread. Also, it's your responsibility to know what and how the freight is being loaded and when you saw big bertha coming you should of stopped them. If it was because the forklift operator came flying the trailer at full speed bouncing over the dock plate, then I think you could argue it. If they used a outside lift, or something like that, then I would argue it, but most outside heavy duty lifts won't fit in a trailer because the 1rst stage boom is too tall. This isn't the same as when a fork lift operator makes a driving error. Don't get me wrong, I hope it works out for you, but I would be surprised. It definatly couldn't hurt to try. Good luck.

 

I had a large electric forklift bust thru the floor in my straight truck about 10 years ago... the shipper said "oops!".

I fixed it myself with new crossmembers....