$1000 in damages unsettled

Jason Submitted this review about Able Auto Transport
Review made Live: 12/24/2008 11:18:00 AM
My car was received with damages. It was also delivered a month behind the projected date. The carrier had insurance but refused to invoke it due to the probability that it would raise his rates. My lowest estimate came out at $1000. The driver made numerous promises to call me back but never did. After going through the court dockets in his home county in preparation for small claims court, I found that he was a career criminal with a rap sheet going back 10 years (forgery, theft, habitual traffic violator, battery, criminal trespass, leaving the scene of an accident, criminal mischief, speeding, no valid license, drunk driving, insurance fraud...) He already owes money to people who have not been able to collect, as such, I stand little chance of collecting even if I win. Plus, he has a felony theft charge pending, making my chances of collection doubly unlikely. I called his insurance company and they replied with a letter saying they are not "empowered to accept a cargo claim on behalf of the motor carrier." Since the carrier has been unwilling to invoke the insurance, the fact that he has insurance does me no good. The claims dept at Able Auto says they do not carry insurance and that the settlement falls under the responsibility of the carrier. They also suggested I use my insurance and have them recoup from the carrier. Not a good solution since it will probably raise my rates, require me to eat the deductible, and have the insurance company wait in line for a criminal to repay. I am still weighing options...

Company Response
H L Plenge from Able Auto Transport Submitted this response.
Response Date: 2/12/2009 3:41:00 PM
After reviewing our files concerning this complaint, the last information we have available to us indicates that through mediation between our customer and the assigned transporting company we were able to get both parties to agree to an $850 settlement which has been paid to this customer in full.