Auto Damage Question
 

I bought my X5 out of state. The seller arrainged transportation from his place in FL to me in SC. The hauler damaged my car. I immedietly contacted the seller and documented the damage with emails & pictures. The seller contacted the hauler to notify them and at that time they for me to get the car fixed and they would pay for the damage. I did not want to do that fearing they would not pay me back so I contacted them to say I would get an estimate and would rather them pay me or the repair shop prior to having the repairs done. They said that would be fine. So I get an estimate, fax it to them and hear nothing. I have been able to get them to answer the phone 1 time and they did acknowledge they received the fax but disputed some of the damage. They wanted to get the paperwork in front of them acn call me back. Well, that was about 3 weeks ago and nothing. I have tried to call them and nothing. This is a small family run operation. So, I want to file a small claims suit, but do I file against the seller or the hauler? The seller arrainged and paid the hauler, but the hauler left paperwork with the seller ( which I have) that says there was no damage when he picked the car up. Has anyone ever been in a situation like this before? I dont know what to do next.

contract law..., on the bill of sale there should be a phrase "F.O.B._________" WHICH WILL BE EITHER THE SELLER'S POINT OF ORIGIN OR YOUR ADDRESS - most likely it will be the seller's town, meaning you have to deal with the transporter AND you have to get the insurance & contract info from the seller. It's the hauler you need to get the money from.

If by some cosmic chance the Freight On Board address is your destination, the seller is responsible for all charges and payments.

next time you want to buy a BMW from out of state, send me a message and I'll drive you there to pick it up. I bought mine 5yrs ago on Ebay. Could not get a hauler to go into Staten Island for p/u. Flew in from Idaho to Newark,NJ; a taxi ride; and drove it back to Idaho. Now live outside on Charleston from Oct-May; Idaho from June-Sept.