Auto Insurance Claims: classic car shipping, other vehicles, shipper

Question
Just shipped a 1937 buick from CA to NJ last week. Used a broker. Shipper was supposedly insured. Car burned on trailer. Battery was never disconected and shipper put my car on and off a few times to remove other vehicles. Shipper called and stated I would here from his office regarding a claim. Car was totalled according to shipper.Never heard from his office. Wanted to deliver on friday night. I refused delivery. Who is liable here- shipper and or broker? Aren't batteries generally disconnected on older vehicles before shipping? I shipped a chevy last summer and the battery was disconnected by the shipper for safety. I have the # and adresses of both the shipper and the broker. Is there an attorney who specializes in such cases, so that I get reimbursed for my vehicle?  Thank you very much.

Answer
Hi Ron,

First of all, let me say that I am sorry you are going through this.  Yes the battery should have been disconnected.  They likely did not do this due to the fact that the vehicle had to be off loaded and reloaded several times.

Unfortunately, I can not answer the question of who is liabe.  That will be based on the actual contract, who the contract was with and its terms.  It sounds like you contracted with a broker, who in turn contracted with a carrier.  You should read your contract carefully to see what it says with regard to damage or loss of the transported car, who is responsible and for what and under what circumstances.

Also, see if the contract lays out the location and circumstances for dispute resolution. You may need to consult with an attorney located where the broker is or where the carrier is or both.

I hope this helps.

Richard Hixenbaugh