Well, it was probably stolen. Last scanned by the driver who picked it up, never scanned back at the facility. I shipped a gun to a member here and after the delivery date came and went, I contacted FedEx about it. They looked for it....its gone. So now not only do I feel terrible that this gun is probably in the hands of a criminal somewhere because of FedEx.....they are giving me the hardest time about the claim.
They have lied to me 3 separate times on the phone to include today's claims manager saying that since I'm not an FFL, FedEx wouldn't ship the package and therefore they are closing out the claim. The claims manager and several of their employees stated the same thing on the phone....that is if you are not a licensed dealer that you can NOT ship a firearm with FedEx. Thats lie number 3. I spoke to their local people at several locations, all telling me I'm correct. Under their terms and conditions online, it clearly says an individual can ship to a dealer or manufacturer. To say I'm frustrated at this point would be an understatement.
Get their tariff or shipping agreement. Insist on getting a written copy. That is the contract between you and them and will govern whether they agreed to ship a gun or not and what your recourse is if they loose it. If the agreement refers to other documents get them as well.
If they won't give them to you, threaten to sue them. Be prepared to do so.
Get the written agreement. Without them, you don't actually know what your arguments are. You have to convince FedEx that if you sue them, you will win. You can't do that without the written agreement.
Going around in circles with mid-level functionaries with oral statements about what the deal was won't be very satisfying. It is, in essence, his job not to pay claims. Get the documents involved, and be prepared to escalate the situation.
The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
Posts: 53333 | Location: Texas | Registered: February 10, 2004
I feel your pain. I never had it happen with a gun, but I had ~$400 worth of 5.56 ammo disappear en route to a buyer several years ago. That really pissed me off.
And of course, it wasn't fully insured. (Last time I made that mistake.)
Depending on the laws in your state - you may want to contact an attorney regarding YOUR liability for a firearm that is lost or stolen (lost gun law or some such).
Naturally all cost should be bourne by FedEx
"No matter where you go - there you are"
Posts: 4676 | Location: Eastern PA-Berks/Lehigh Valley | Registered: January 03, 2001
Originally posted by MattW: Was it declared a firearm?
Yes. Apparently the fedex employee did not declare the full value that I told him, which is also causing a problem. The other lies were fedex claims people telling me that I was the one that filled out an "airbill". They basically said I was lying when I told them I did not, that it was their employee that does all of that. There is a disconnect between operations and corporate at that company. I asked politely of 3 of the reps I spoke to if they had ever shipped a package at FedEx, they said they had not. I called friday and a claims rep said the claim wouldnt be processed because I'm not a licensed dealer. The claims manager said the same thing today and refused to ask her coworkers or to look into and get back to me. Another rep said the same thing. They kept quoting line 1 from the below picture and it wasnt until I looked at their conditions online, line 2 clearly says an individual may ship to a licensed person. They are trying to hang their hat on 3 or 4 different things to try and get out of paying.
A report was filed with the local police shortly after it went missing. Curious about liability though. I'm assuming I have none because FedEx lost it and it was reported lost/stolen. I wonder what FedEx's liability is though should that gun be used in a crime.
Originally posted by EmpireState: A report was filed with the local police shortly after it went missing. Curious about liability though. I'm assuming I have none because FedEx lost it and it was reported lost/stolen. I wonder what FedEx's liability is though should that gun be used in a crime.]
Assume nothing - see previous recommendation to contact an attorney
"No matter where you go - there you are"
Posts: 4676 | Location: Eastern PA-Berks/Lehigh Valley | Registered: January 03, 2001
Pretty sure the most you'll get (if anything) is the amount that it was insured for, it must be on you receipt, at the time of payment, if paid by CC sometimes they may have some kind of insurance for non-performance (since the gun was not actually delivered), you could check into that for reimbursement of the shipping charges. At least you hopefully will get that.
Not sure how you settle up with the other member, was it part of the sale that the gun was going to be fully insured when shipped to the FFL? As hard as it is...if I was the other member I'd be expecting full compensation for the purchase price.
I would never again trust them. Nothing irks me more than the major freight haulers taking the property, the money and the special handle parcel but dont live up to their duty. It should be their responsibility and duty to transport a weapons shipment correctly and timely, safely. Otherwise they need to be spanked hard by law and PDQ. Made to pay, know what I mean? $$$
Posts: 17994 | Location: The Bluegrass State! | Registered: December 23, 2008
Originally posted by rpm2010: Pretty sure the most you'll get (if anything) is the amount that it was insured for, it must be on you receipt, at the time of payment, if paid by CC sometimes they may have some kind of insurance for non-performance (since the gun was not actually delivered), you could check into that for reimbursement of the shipping charges. At least you hopefully will get that.
Not sure how you settle up with the other member, was it part of the sale that the gun was going to be fully insured when shipped to the FFL? As hard as it is...if I was the other member I'd be expecting full compensation for the purchase price.
The other member was refunded his complete payment. The particulars were never discussed but I always assumed if I was paid for something, then that something needs to make it to them.
Originally posted by Gene Hillman: Was this a long gun or a handgun? I've always thought that handguns had to go overnight air but I could be misinformed.
I recently purchased a Pistol from Gunbroker and the FFL told me the gun had to be shipped to the purchaser within 3 days, and he was right, the FFL had it and called me the third day.
Where did the driver pick it up? From a hub? I was under the impression that firearms had to be dropped off at a FedEx hub facility if not shipped by an FFL.
______________________________ “I'd like to know why well-educated idiots keep apologizing for lazy and complaining people who think the world owes them a living.” ― John Wayne
