What is my recourse if I had an $80,000 collector car transported that arrived with 20k worth of damage?
Question Details: I purchased a vehicle valued at $80,000 from a vehicle restoration business in TX that was damaged likely during an attempt to steal it. It was shipped to me in CA by a transport company based in CO. I have full pictures of the condition of the vehicle when it was loaded onto a car carrier in TX, compared to the condition upon arrival in CA. Shipping company has admitted liability, but insists on using their insurance company, who is refusing to pay me damages I have no relationship with the insurance company. As such, I anticipate my next step is civil litigation against the transport company. As they operate in CA and delivered the car to CA, may I file in my home state or must I file in CO since they are based there?
If you are dissatisfied with settlement offers from the insurance company, your only recourse is to sue the transport company for negligence for the damage to the car.
Negligence is the failure to exercise due care (that degree of care that a reasonable transport company would have exercised under the same or similar circumstances to prevent foreseeable harm)