Items damaged in transit

wildstyle4

Hello there new here so bare with me
How is everyone today, hope you can help.

My query is: I bought a set of £200 car headlights from a online shop, recieved them and fitted them, thing is one of them does not adjust properly, so i contacted the online shop for help, they had said to pack them up and sens them nack for inspection.
so i packed them well and sent them by standard yodel delivery 2-3 working days through Parcel2go which was a comparison site.

After a week or so they finally arrived to its destination, but had been destroyed damaged which made then unusable.

The recieving shop had been told by yodel that it was their fault and said id had to go through claims to get my money back, now this has taking over 2 weeks and still going on to try and get my £200 back but i have only got the insurance i payed for of £20 plus delivery charge, which i am not happy about, i have complained to parcel2go and yodel and have even given information aboout this to finacial ombodsmen and out of this only got this £20 refund and still waiting on yodel and obodsmen.

So information given above, can i get the shop i bought this item from the refund or a new set of lights??? or is this like winning a loosing battle

Please help any one i have no idea what to do
Thank you

texranger

so you send £200 worth of goods with only £20 of insurance.

this is no fault of Parcel2go or yodel, you are are the one who ordered the service and failed to take out correct insurance for the items.

wealdroam

texranger wrote: »

so you send £200 worth of goods with only £20 of insurance.

this is no fault of Parcel2go or yodel, you are are the one who ordered the service and failed to take out correct insurance for the items.

Hmmm...

Could it be argued that the OP entrusted the parcel to the courier who failed to take good care of it?

Surely the courier has a duty to look after the goods, whether they are insured or not?

OP, you may need to prove negligence of the courier.
Not sure how you might do that.

texranger

wealdroam wrote: »

Hmmm...

Could it be argued that the OP entrusted the parcel to the courier who failed to take good care of it?

Surely the courier has a duty to look after the goods, whether they are insured or not?

OP, you may need to prove negligence of the courier.
Not sure how you might do that.

did the OP package them enough could also be argued.

the reason you take insurance out with parcels is for loss/damage during delivery as parcels usually pass through several hubs.

its like sending an item by post you get auto covered to 10x the stamp, but extra costs are needed if items posted are of a higher value.

you drive a ferrari but have insurance for the cost of a mini and you have an accident do you think they will cover the cost of the ferrari if you only paid for the cost of a mini.

these are the same principles

visidigi

sorry, but you used a middleman (parcel2go) who have less coverage for damage than the network direct (hence why they are cheaper) - you have NO contract with Yodel - you cannot take Yodel to ombudsman, you can take Parcel2go - although they are not a courier (they are a freight company, but I don't believe you would have much hope there).

Parcel2go are the ones who provide the insurance, not Yodel - you are not going to get anywhere near the £200 you want to claim - you avoided paying the insurance, so they will avoid paying the claim I am afraid.

You aren't likely to win here, duty of care would apply if they lost your package and it never got to the recipient - they did deliver, but at some point the package has got damaged, this can't be duty of care covered - besides, if the claim did get accepted it will likely be refused further down the approval process when the packaging is questioned...

Sorry but you really are in a lose lose situation.

custardy

wealdroam wrote: »

Hmmm...

Could it be argued that the OP entrusted the parcel to the courier who failed to take good care of it?

Surely the courier has a duty to look after the goods, whether they are insured or not?

OP, you may need to prove negligence of the courier.
Not sure how you might do that.

so theres no reason to pay for any insurance cover
carriers have unlimited and total liabiliy?

wealdroam

custardy wrote: »

so theres no reason to pay for any insurance cover
carriers have unlimited and total liabiliy?

No, that is not what I said, or suggested.

But do you have to take out insurance against the carrier's negligence?

I did say (and you quoted)...

wealdroam wrote: »

OP, you may need to prove negligence of the courier.
Not sure how you might do that.

mattyprice4004

Why would the shop be responsible for damage caused by the carrier YOU booked?

custardy

wealdroam wrote: »

No, that is not what I said, or suggested.

But do you have to take out insurance against the carrier's negligence?

I did say (and you quoted)...

so what exactly does the insurance cover then?

wealdroam

texranger wrote: »

you drive a ferrari but have insurance for the cost of a mini and you have an accident do you think they will cover the cost of the ferrari if you only paid for the cost of a mini.

these are the same principles

I would suggest that a more appropriate analogy might be...

If I drive a Mini, and pay the insurance costs for a Mini, I expect my insurance company to pay out for any damage I might do in my Mini to a another car... beit a Mini, Ferrari or Lamborghini.

In a similar manner, if a courier damages my parcel, can I not reasonably expect the courier to cover the cost of repairing the damage using their own insurance?

Please note that I am asking a question here.
Following up with a question like "why do couriers sell insurance?" may not help.

visidigi

international couriers have a statute limit of liability - based on weight under the warsaw convention, I am not aware if there is a similar structure for domestic couriers - but I will say the £20 coverage that parcel2go offer is likely to be the limit of liability based on the maximum weight of packages on the service chosen.

Your analogy regards cars isn't quite right - it only applies if both parties are insured. If you were driving your mini uninsured then you would be criminally liable but the lamborghini would have to claim on their own insurance as you had none. In the same way, the shipper here did not insure the package, he was the equivalent of 'driving without insurance'.