Legal Question in Consumer Law in California

Moving Company and siging off on damaged goods

A company paid for my friend to ship his car from Texas to California. My friend neither signed off on the release nor when it was delivered. His brother signed in Texas and I signed in California. The signature line asks for Owner or Authorized Agent to sign and remark on the condition of the car upon release and to sign and list any changes to the car upon delivery. When it was released the driver stated it was to dark to remark on the condition. I did not list anything upon delivery. The next day my friend washed the car and found two deep small stratches on the bumber that weren't their before and the claims adjuster said that happens all the time. The moving company's insurance won't accept the claim because nothing was noted upon delivery and a signature was on the form.

If we state that I was not authorized to sign will the insurance company accept the claim? Or how else can we get around this?


Asked on 4/03/01, 6:31 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Moving Company and siging off on damaged goods

just go to small claims court

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Answered on 6/06/01, 1:12 am
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Moving Company and siging off on damaged goods

It is highly unlikely that your friend will be able to use your lack of authority to sign off on the condition as support for his claim against the transport company. They have no duty to investigate whether the person who OKs the condition has authority to do so from the shipper or purchaser. If you had authority to take delivery, it may safely be presumed that you had authority to inspect and approve of the car. As far as they could tell, you were, indeed, an "authorized agent." A small claims suit against the carrier will likely resolve the claim, whether they turn it over to their insurance company or settle it, themselves. Good luck to your friend!

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Answered on 6/07/01, 5:34 pm


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