Couple words of caution.
1. With UPS and FEDEX you are not buying insurance. You are buying additional declared value. Read the receipts. There is a difference.
2. Both have explicit written instructions on how to package firearms. 2" solid foam all the way around is the norm. You need to follow their instructions. They have grounds to deny if you do not follow the requirements.
3. Both consider manufacturers original shipping boxes as "one time use" only.
4. If you use a 3rd party shipper such as a Mail Box, they have the claim not you!! You have to give all your documentation to them and let them file the claim and hopefully they are as passionate about your money as you are. Again, read the receipt they give you.
5. IF there is damage, have the receiver maintain all original shipping boxes, wrapping, foam etc and ask the shipper in writing (UPS/FEDEX/USPS) to go see the packaging. Have the receiver take plenty of pics and send them to you. Hopefully, the receiver had the delivery person note damage etc at time of delivery.
6. All will want you to "prove" current value and they will try to depreciate that. You must have documentation of current replacement value.
7. They will routinely deny the claim saying you failed do to something they required or at best offer maybe 25% of declared value. Here is how to respond again in writing and this is why they only have $100 standard insurance and require the additional declared value be purchase.
Liability of shippers/carriers is controlled by the Carmack Amendment of 1906 to the Interstate Commerce Act which "makes carriers liable for the full actual loss, damage, or injury*** caused by them to property they transport and declares unlawful and void any contract, regulation or tariff, or other means of limiting liability. "
The statute codifies that a carrier is liable for damage to goods transported UNLESS it can show the damage was cause by one of the following exceptions allowed by law:
a. the act of God,
b. public enemy
c. the act of the shipper himself
d. Public Authority
e. the inherent vice or nature of the goods.
Those are the ONLY exceptions for the carrier. Since they cannot show any of those they are on the hook.
By the way, this was specifically upheld the US Supreme Court ruling in Missouri Pacific Railroad vs. Elmore & Stahl, (1964).. The above comments were taken from the Supreme Court decision.
"You can pay the claim or I will file a small claims case and then you will pay the claim, and my attorney fees and filing charges etc." (Most small claims courts do not require an attorney and pretty easy filing with minimal costs to file and have sheriff deliver claim to the shipper (UPS/FEDEX and 3rd party shipper etc.)
NOTE: Copy this statement and save it for later.
8. Depending on how you shipped it, if they deny the claim you can sue either the shipper or 3rd party in small claims court and win with above statement and copy of the US Supreme Court decision which can be downloaded. That makes your case simple normally as they cannot fight a supreme court decision. Just give the judge a copy of the decision to back up your claim.
9. Note also that 3rd party shippers often do not buy additional declared value from the shipper (UPS/FEDEX). They carry private insurance that makes filing a claim even harder. Then you are suing the shipping company, the 3rd party shipper and his insurance so you have 3 defendants.
Been there and done that.
When the rifle barrel is sticking out the end of the plastic case and cardboard box it's easy to guess what is inside.
