Can you claim compensation for lost packages covered by insurance?

Manxman_in_exile

@Garawa -  go to the Consumer Action Group website.

They have several examples where they have helped people win compensation claims from courier companies for "lost" items - with and without insurance...

powerful_Rogue

Garawa said:

At present, I am just trying to work out what my options COULD be if this reaches that point so I know what to state to the parcel company (I don't want to make idle threats). I might find they pay the compensation in a few days and all is well but I only have a suspicion presently that may not be the case. If it does end up with refusing compensation I will of course post the full details then.

In which case, without knowing what the item sent was and what the T&C's of the insurance state, no-one will be able to help.

DanDare999

Garawa said:

At present, I am just trying to work out what my options COULD be if this reaches that point so I know what to state to the parcel company (I don't want to make idle threats). I might find they pay the compensation in a few days and all is well but I only have a suspicion presently that may not be the case. If it does end up with refusing compensation I will of course post the full details then.

Maybe posting full details now would get you the best advice as to what to say.

Garawa

OK, these are the main points They are not explicit anywhere about the additional cover paid on the item.
https://www.parcel2go.com/content/about-terms.aspx

4.  Collection and Deliveries

4.1 We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point, you agree that we shall be authorised to attempt to:

(a)  deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point; or

(b)  deliver the Consignment to a safe location at the Delivery Point,

and (if successful) we agree that we will leave at the Delivery Point details of the address or safe location to which we have delivered the Consignment.

4.2 If we are unable to deliver to the Delivery Point, a nearby address or a safe location, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days, we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).

4.3 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe, hazardous or harmful, we reserve the right to dispose of the Damaged Consignment immediately.

4.4 Return information is captured from the collection address details listed in the service order.

5.   Sub-Contractors

You agree that we may use another carrier in order to support our provision of the Services to you (this will be at our own expense) and you agree that both we and such other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.

(6f) in these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any terms of this Agreement, or any terms which are implied by statute (where applicable); and

(g) we investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and, on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.

powerful_Rogue

What are the T&C's of the insurance you took out? Also what was the item?

Manxman_in_exile

I don't understand why you've posted T&Cs 4 and 5 about Collection and Deliveries, and Sub-Contractors.  what is their relevance here?  I thought Evri had already told you they had lost it?

Garawa

Manxman_in_exile said:

I don't understand why you've posted T&Cs 4 and 5 about Collection and Deliveries, and Sub-Contractors.  what is their relevance here?  I thought Evri had already told you they had lost it?

I was in a rush for tea to be honest and posted the bit which looked relevant. The link has the entire details as requested.

Garawa

powerful_Rogue said:

What are the T&C's of the insurance you took out? Also what was the item?

The item was a child's trailer to sit in for an adult bike. There are no explicit insurance T&Cs, only the terms of the additional cover (Parcel Protection) paid for at the time of ordering the delivery. These are covered in Section 6.

The Limitation on the Amount of our Liability

6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us. 

For the avoidance of doubt, this includes any Parcel Protection that you may require in respect of any items listed on the “Items Protected for Loss Only” and “No Protection Items” lists. No level of Parcel Protection that you purchase from us will render allowable any item which is on the “Prohibited Items” list. 

Where you purchase Parcel Protection for your Consignment from us, our liability to you is limited to the lesser of: (i) the value of the Parcel Protection taken out; or (ii) the actual value of the Consignment at the date of loss or damage (as applicable).  Where you do not purchase Parcel Protection, you confirm that you accept the risks of not doing so.

We offer two types of Parcel Protection for Consignments:

Protection for loss or damage (OUR COVER)

Protection for loss only

Please note that if you purchase Parcel Protection for loss only, you will not be protected, and we shall not be liable, for any losses that you suffer due to any damage caused to the Consignment other than for up to the cost that you have paid for the Service(s) in circumstances where such damage is caused by our negligence, breach of duty or other wrongful act or omission, and subject to the limitations set out within this clause 6 and clause 7.

Irrespective of the type of Parcel Protection ((i) loss only; or (ii) loss or damage) that you purchase, we will not be liable to repay you the market value of the Consignment as at the time it was purchased by you. Consignments by their nature are subject to depreciation. You must take out a “new for old” compensation policy should you wish to be compensated in this way.

6.8 In order to ascertain the extent of our liability above, we shall require proof of the value and weight of the entire Consignment and any constituent part or parts and you must ensure that, prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 6.5, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.

6.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment (in circumstances where you have purchased Parcel Protection for loss or damage), then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.

6.10 If you wish to combine a number of discrete packages within a Consignment, you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of the Consignment.

No Protection Items and Items Protected for Loss Only

6.11 Certain items are carried without Parcel Protection for damage or loss and at your own risk regardless of whether you have purchased Parcel Protection. A list of these items can be found at: http://www.parcel2Go.com/shipping-items.aspx#unins.   

We do not accept any liability for damage to or damage caused by any of the items on these lists, whatsoever and howsoever damage is caused, whether in contract, breach of statutory duty, tort (including negligence) or otherwise. 

powerful_Rogue

Garawa said:

Manxman_in_exile said:

I don't understand why you've posted T&Cs 4 and 5 about Collection and Deliveries, and Sub-Contractors.  what is their relevance here?  I thought Evri had already told you they had lost it?

I was in a rush for tea to be honest and posted the bit which looked relevant. The link has the entire details as requested.

No it doesn't, covers nothing about the extra insurance you took out. Was this the parecel protection you took out with parce2go? Also for the third time, what was the item you sent? I'm starting to believe it was on the prohibited list and therefor uninsured due to your lack of mentioning what it was.

DanDare999

powerful_Rogue said:

Garawa said:

Manxman_in_exile said:

I don't understand why you've posted T&Cs 4 and 5 about Collection and Deliveries, and Sub-Contractors.  what is their relevance here?  I thought Evri had already told you they had lost it?

I was in a rush for tea to be honest and posted the bit which looked relevant. The link has the entire details as requested.

No it doesn't, covers nothing about the extra insurance you took out. Was this the parecel protection you took out with parce2go? Also for the third time, what was the item you sent? I'm starting to believe it was on the prohibited list and therefor uninsured due to your lack of mentioning what it was.

See the post above yours and you'll see they have stated what it was.