On Jun 27, 6:28 pm, aspa...@giganews.com wrote:
> An insured package containing valuable gold jewelry and high-powered
> binoculars was mailed from LA to NY on May 21. Never arrived.
If you have the shipper's receipt from USPS showing the package was sent and insurance was paid for, you have a slam dunk case on the "liability" half of your proof. What the carrier is demanding is advance notice of what your proof will be of the "damages" half of your case. If this comes to trial, how will you prove the value of your loss?
You make a big deal out of not having receipts for 30-year-old goods. No one would expect you to, and even if you did, that would say little or nothing about the current value of your jewelry. A recent appraisal by a qualified jeweler would have helped, but even that is not essential. Do you have any photos of the jewelry and binocs in question, either sitting there on plain red velvet to document their existence and size/design for insurance purposes, or showing someone actually wearing or using them? That would help, but is also not strictly necessary. What you will need to do in any event, even with these documents in support (if you have them), is to get on the witness stand and testify under oath that (a) you shipped certain items of jewelry, which you will then describe, and they never arrived; (b) the items belong to you, and (c) the items are worth at least $500 in total. For pre-suit purposes, it would probably suffice if you give UPS a sworn and notarized affidavit to that effect, along with whatever other documentation you happen to have.
As a side note to others with valuable, "real" jewelry (don't bother for your costume jewels, foax), many homeowners' insurance policies require you to separately list and schedule any such valuables if you want them to be covered by your policy (which of course any reasonable person would) and they often suggest getting a periodic appraisal, and/or taking pictures, to establish the value of the specially scheduled items. You're taking too big a chance (and it's _your_ risk, not theirs) if you don't do so even if they don't strictly require it.
> I only insured the whole package for $500, though it is worth more.
Then $500 is the max you can get. The carrier's contract limits their liability, and is enforceable. If you felt the package was worth more, you should have paid the minimal additional charge to insure it for more. You didn't, which meant you, not the carrier, are the one who has to bear that risk of additional loss.
> Am I screwed?
To the extent your loss exceeds $500, yes.
> I went online to USPS. At this URL
>
> http://www.usps.com/insuranceclaims/domestic.htm
>
> they require evidence of value.
I suggest you can provide that by sworn affidavit, although any other documents or photos you have would help.
If you send that and they come back and tell you it's not enough, ask the contact person you're dealing with what else it is they need to see before they can make a decision.
--
This posting is for discussion purposes, not professional advice.
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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
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