Freighters lost tranny, need advice!

bbbuddy · #1 02/20/07, 11:32 AM

Our F350 truck transmission died. We had a transmission place put in a rebuilt one, that they had to get from a rebuilder in another city.

The mechanic who put in the rebuilt transmission told my husband it made too much noise, and he would be happier if he took it out and replaced it with another rebuilt. The rebuilders didn't have another one. So the mechanic sent our "new" one by freight back to be re-rebuilt.
It never arrived. The freight company doesn't know where it is, according to the mechanic. They acknowledge picking it up. The rebuilders never got it.

The freight company won't talk to us, says "we aren't their customers". Them mechanic can do nothing about it, the rebuilders don't have it, and meanwhile we are on our second week of renting a car. My husband works out of town all week, and this is where the tranny died, 250 miles away, so he had to rent a car.

What can we do at this point?
We just put $3500 cash into the truck, for the tranny, transfer case, and clutch. We don't have $ to buy another rebuilt one (almost $2000).

If we are forced to keep waiting for the freight company to find it, or admit they lost it, can we force them to buy another tranny AND pay for the rental car?
How soon would be resonable to ask them to do so?
Is this all going to take months to resolve, by taking them to small claims court?
Or would we be wiser to go to an attorney right away?

Thanks for any and all advice!

Micahn · #2 02/20/07, 11:53 AM

Quote:

Originally Posted by bbbuddy

If we are forced to keep waiting for the freight company to find it, or admit they lost it, can we force them to buy another tranny AND pay for the rental car?
How soon would be resonable to ask them to do so?
Is this all going to take months to resolve, by taking them to small claims court?
Or would we be wiser to go to an attorney right away?

Thanks for any and all advice!

I would give them a call (both freight company and the peorple working on it) and say that you want results now or your getting a attorney. Chances are as soon as they hear that something will happen fast. And yes from the time they lost it I see no reason at all why they should not be paying your rental car bill.

65284 · #3 02/20/07, 11:58 AM

Of course the mechanic can do something about it, he is the freight line's customer, and he is the one that apparently will have to light a fire under them. You need to put a little pressure on the mechanic. If they admit picking it up then it's their problem, it's unreasonable to expect you to rent a car because they lost your goods. In almost all states carriers are regulated and can be held accountable. If they wont get on the ball and find the missing merchandise find out who the state regulation authority is and contact them.

michiganfarmer · #4 02/20/07, 11:59 AM

I think the mechanic shop is ultimately responsible. If you paid for the new tranny, they got their money. Now they have to get the job done, or give your money back. Either way it looks like you will be without the truck for a while.

bbbuddy · #5 02/20/07, 12:17 PM

Quote:

Originally Posted by Micahn

I would give them a call (both freight company and the peorple working on it) and say that you want results now or your getting a attorney. Chances are as soon as they hear that something will happen fast. And yes from the time they lost it I see no reason at all why they should not be paying your rental car bill.

When my husband called the freight company this am, the manager was nasty to him right from the get go, and said he wasn't going to talk to him since he wasn't their customer. My husband asked him for his full name and address so he could pass it on to an attorney. Didn't help a bit.

Quote:

Originally Posted by 65284

Of course the mechanic can do something about it, he is the freight line's customer, and he is the one that apparently will have to light a fire under them. You need to put a little pressure on the mechanic. If they admit picking it up then it's their problem, it's unreasonable to expect you to rent a car because they lost your goods. In almost all states carriers are regulated and can be held accountable. If they wont get on the ball and find the missing merchandise find out who the state regulation authority is and contact them.

Contacting the state authority is a good idea, I will do so. The mechanic is not the freighter's customer, he sent it back under the rebuilder's warrantee, so they are the customer. And they don't seem to care much that they never got it...

Anyone in trucking know how long would be "reasonable" to give the freighters to find it or not, before we start legal action?

Right now he is renting a little car, but the truck is 4 wheel drive, because that is the only way to get in and out where we live, in bad weather. He may have to upgrade to an SUV, just to get home this weekend...our other vehicle is too old to commute 600 miles per week, and also is not 4 wheel drive.

agmantoo · #6 02/20/07, 12:27 PM

My experience is opposite of what the above think will occur. Admittedly, the mechanic/his shop is the responsible person. The freight handler is responsible for a minimal value unless the item was insured and then it is the insurance company that is responsible for compensating you only for your loss. I had a water pump for a Cat lost (valued at $900 weighed approx 80 lbs) The freight handler would do nothing for 30 days. The coverage without insurance was something around $200. That is all I could recover! I suggest that the mechanic go to a salvage yard and get a low mileage replacement and install same and be on your way. You are ultimately going to have to pay for the rental out of your own pocket. You are throwing good money after bad trying to salvage the situation. IMO, it is best to cut your losses and move on!

bbbuddy · #7 02/20/07, 01:37 PM

EEEK agmatoo, that's not what I want to hear!
Did you even try to get your $ back through a small claims court?

FreightTrain · #8 02/20/07, 01:40 PM

good reason to have or buy AAA coverage

bbbuddy · #9 02/20/07, 02:13 PM

"good reason to have or buy AAA coverage"

?????????
If you are referring to insurance, I have never heard of insurance that covers you for a rental car while yours is being repaired! Accidents, yes, repairs, no...

Danaus29 · #10 02/20/07, 03:57 PM

Did the mechanic buy the rebuilt tranny or did you buy it? If you bought it from the rebuilders, call them to complain. Did you pay cash or use a credit card? This is one example of how a credit card is safer because all you would have to do is call the credit card co and have the charges removed. If you paid cash make a copy of your receipt and file against the rebuilder in small claims. If you paid the mechanic, let them know you are considering filing a small claims case, then if they don't jump on it, file. You paid for a rebuilt tranny that was returned under warranty (I assume you did have a warranty???) and the cost should be reimbursed along with car rental fees. Whoever purchased the tranny is ultimately liable. Google your states laws regarding motor vehicle repairs and mechanics, you should find something helpful there.

Iddee · #11 02/20/07, 03:59 PM

You paid the mechanic. He is the one to take to court. The trucking company has a set rate of reimbursement according to the class of freight it was shipped as. The rebuilder will have to file the claim and get the payoff. It is up to the mechanic to settle with the rebuilder. It normally takes about 90 days to settle a claim. No, the freight company is not liable for consequential losses, such as rental cars. The mechanic may be, depending on the judge. Why can't the mechanic send your original tranny in to be rebuilt?

bbbuddy · #12 02/20/07, 04:17 PM

We paid the mechanic. He paid for the rebuilt tranny from a place we found.
Our old tranny is apparently not rebuildable, don't ask me why.
Rebuilders say they don't have another one in stock to rebuild. That is sure not how they sounded when I originally talked to them!
grrrr

I'm incredulous that the LOOSERS of the tranny would not be responsible for our increased costs, while the poor guy that just wanted to install a good tranny would be...

seedspreader · #13 02/20/07, 04:25 PM

I am sorry, but there are pieces of information missing here.

Who paid for the transmission?
Who paid for the shipment of the transmission?
How was it paid for? Credit Card? Start there, if so.
Whoever paid for the tranny paid for the shipping.

If the Mechanic is the one who shipped it back, start with him, ask for a freight bill or a bill of lading. This is your starting point if you didn't pay via CC.

If you have a B.O.L. # you will be able to track and confirm who signed for the transmission.

If the driver signed (they have to when they leave a dock with freight) and the receiver (also known as consignee) didn't get it, the driver and freight hauling company are responsible.

Whoever SHIPPED the transmission has the paperwork. Don't take, oh, I don't know where it is as an answer.

Someone is pulling you leg somewhere.

strider3700 · #14 02/20/07, 04:41 PM

You go after the mechanic for failing to do the work and the additional expenses occured because it's taken longer then you where told. He then goes after the freight company for loosing the materials which made him unable to do the work and cost him the extra.

Basically you should never have to call the freight company because you didn't make the deal with them. It's up to your mechanic to either go after them or eat the costs of the screw up.

In the end the only people better for all of this are the lawyers and whoever got a free tranny that they deny recieving.

insanity · #15 02/20/07, 05:15 PM

Sounds like someones going to loose there rear end before its over. (Sorry, couldn't help it!

)
Id be getting a bit peeved by now. And all involved would be real tired of me calling.

Is it to late to stop the payment on your check or credit cards? Bet someone would find it then!

bbbuddy · #16 02/20/07, 05:23 PM

Quote:

Originally Posted by ZealYouthGuy

I am sorry, but there are pieces of information missing here.

Who paid for the transmission?
Who paid for the shipment of the transmission?
How was it paid for? Credit Card? Start there, if so.
Whoever paid for the tranny paid for the shipping.

If the Mechanic is the one who shipped it back, start with him, ask for a freight bill or a bill of lading. This is your starting point if you didn't pay via CC.

If you have a B.O.L. # you will be able to track and confirm who signed for the transmission.

If the driver signed (they have to when they leave a dock with freight) and the receiver (also known as consignee) didn't get it, the driver and freight hauling company are responsible.

Whoever SHIPPED the transmission has the paperwork. Don't take, oh, I don't know where it is as an answer.

Someone is pulling you leg somewhere.

The warranted rebuilt transmission had been installed in our truck. The mechanic asked my husband to come back in the next week so he could check everything again, because he thought it was loud. (Being very thorough). He still didn't like how loud it was, and said although it looked fine and drove fine, he would be more comfortable having it checked or putting in another rebuilt.
At this point the work had all been paid for (cash).

So my husband rented another car for a week while the work was redone. Mechanic found out rebuilders didn't have another one, so he sent ours back to them to find out why loud and rebuild or fix. (It was sent overnight delivery). I can't tell you who paid freight, I'm assuming it went collect, since it was warranteed.

Week goes by, husband calls mechanic, finds out it never got to rebuilder, although mechanic has a tracking number, and freight company says yes they picked it up. That is where we stand.

Mechanic has the paperwork, but gave my husband the freight company's tracking number, so he could call the freight company and bug them. But freight company won't tell him anything.

I guess we will have to bug the mechanic to bug the freight company. As far as I know it was never signed for at other end (you know, as in never arrived!), just disappeared...

insanity · #17 02/20/07, 06:02 PM

Id be bugging the rebuilder to...

I hear you on the cash end. Been there done that. And it sure makes things run slower.

Its ashame money in hand, doesn't get things done like a stop payment does.

MoonShine · #18 02/20/07, 06:12 PM

Sounds like the mechanic needs to contact the rebuilder because the rebuilder probably paid the freight. If he has the paperwork,maybe he can fax it to them? The freight company is responsible,it got lost in their possession...but the rebuilder will have to deal with them.
Ugh,that sounds about right anyway,unless I misread.

Where is this rebuilder,Bbbuddy? Do you know the name of the place?

bbbuddy · #19 02/20/07, 07:34 PM

Quote:

Originally Posted by MoonShine

Sounds like the mechanic needs to contact the rebuilder because the rebuilder probably paid the freight. If he has the paperwork,maybe he can fax it to them? The freight company is responsible,it got lost in their possession...but the rebuilder will have to deal with them.
Ugh,that sounds about right anyway,unless I misread.

Where is this rebuilder,Bbbuddy? Do you know the name of the place?

Yeah, it's Transmission Transplants in Phoenix AZ. For the record, when I called them, they sounded very nice and professional on the phone. F350 4wd diesel manual trucks with OD aren't THAT common, but they knew right away what tranny it was, and that they had it in stock.
The freight company is called Diamondback, also in Phoenix.

I admit to price-shopping, because the rebuilders in Kingman wanted almost $800 more for the same thing....

#20 02/20/07, 10:11 PM

Zeal youth guy is correct. Who ever shiped it has the bill of laden. It has to be sighned bye the driver at pick up and then sighned aginn at delivery time. The mechanic who shiped it will have a copy of this. As should the reciever and the company wo shipped it. The driver is respounsible. If the recieven company did not recieve it. So it is up to the person who shiped it to follow threw on this. And to contact the shipping company. You will only get what it was insured at back.