[78-L] Filing USPS insurnce claim0-good news-bad news

[Jim Whipkey]

Yeah, my brain hurts too!
Without contradicting previous, thorough explanations, the  USPS  web site now makes it very clear, and very easy, to process insurance claims. The  on-line form clearly indicated the  claim could be filed by EITHER the sender or the addressee,   payment could be sent to EITHER the sender or the addressee.  My postmaster told me  they used to be able to pay claims, in cash, instantly on amounts up to around $50.00 from either party when presented evidence of damage.  The on line service does not require physical deposit of the damaged item, although I did leave the broken records at the PO and after receiving the check, told them they could throw  them away. The  web site  asked for an invoice or  a picture  of the broken items, which I sent and they accepted it. Overall, it still was  a really easy experience for me and while I hope not to have it happen again, won't get too upset if  I need to file another claim.

Also, not to nit-pick, but  I've always  heard and believed   the acronym FOB  stood for Freight on Board,  not Free on Board.
Jim Whipkey
  Subject: Re: [78-L] Filing USPS insurance claim-Good news-Bad news

  My brain hurts....

  dl

  On 4/3/2011 5:16 AM, Benno H?upl wrote:
  > .
  > dl,
  > how can you be the contractual partner of the insurance company if you have not signed for it?
  > The seller did. You may possibly receive a package and you don't even know if it is insured or not.
  >
  > Let's assume I send you a package, and you agree to get it uninsured. I send it insured nonetheless.
  > If it were you who is the contractual partner of the insurance company, how is it that you don't even
  > know that you have an insurance contract and committed yourself to some obligations from this contract?
  > If I as the seller sign for insurance, it's me who knows that I have rights and obligations from such
  > contract.
  >
  > On the other hand, it's the seller who is your contractual partner (you being the buyer). He is the one
  > you have to file your claim with.
  >
  > You cannot acquire property of an object until you have it physically in hands. During that transit time,
  > USPS has 'temporary ownership', because they have physical control over the package, but they are
  > not the proprietor.
  >
  > The rights that you have between the time of purchase and the moment of gaining physical control of
  > your property, is that you can insist on fulfilment - possibly including rights to be compensated for any
  > prejudice.
  >
  > The buyer has no control of packing, shipping etc. until he physically receives the parcel. Therefore he has
  > no responsibility for safe delivery. It's the seller who has contracted USPS, and  USPS acts on behalf of the seller.
  >
  > All mail and parcel post is delivered 'DAP'. That's the Incoterm for 'Delivered At Place'. Incoterms are
  > generally used for commodities that are shipped by containerloads or shiploads. You may have heard of
  > FOB (Free On Board), EXW (Ex Works), FAS (Free Alongside Ship). Well, mail and parcels are legally
  > DAP (Delivered At Place). These terms and conditions have been standardized by the International
  > Chamber of Commerce, and the Postal Organizations on the globe agreed to treat all mail DAP (Delivered
  > At Place).  When you use USPS or any other common carrier, you always agree to 'DAP'.
  >
  > All this is exactly the reason why eBay and PayPal implementedyou their 'Buyer Protection' for items not
  > received or items damaged in transit ('Significantly Not As Described'). The buyer gets full refund because
  > it's the seller's records who got damaged.
  >
  > Benno
  >