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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i have got a courier company to deliver a bike, they have lost

Resolved Question:

i have got a courier company to deliver a bike, they have lost it and told me i can only get a sum of £120 insurance claim when i paid £400 for it .
Their insurance have said i didnt take any extra to cover tis item . I told them it's up to them to have insurance for the safe delivery of the bike to my sons address.
their poilcy states eWE DO NOT PROVIDE INSURANCE COVER FOR THESE ITEMS EXCEPT FOR TOTAL LOSS IN TRANSIT COVER .
So does that mean they have to pay me my money back or not as it was lost in transit.?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Did they give you the option to take out extra cover if necessary?

Customer:

yes it was on the paperwork but i have just checked their insurance and it says if lost in transit its covered

Customer:

i can e mail you it . from paisley freight

Ben Jones :

is there a webpage where I can see this, we cannot email customers unfortunately

Customer:

hat highlghted bit in caps is what they say. starting from we do not provide insuraance cover for these items except for total loss in transit

Customer:

does that not mean it should be covered ? or am i reading this wrong?

Ben Jones :

but is that guaranteed if you use their services or still an optional cover you could have taken out?

Customer:

garanteed i think

Customer:

that was an optional cover

Ben Jones :

actually I have their website and terms, I will take a look to see what they say

Customer:

thanks

Ben Jones :

As I presumed, there is a specific section which deals with the limitation of their liability. As this is a contractual matter, where you had a contract with them, they can impose certain conditions and you would usually be bound by these if you choose to use their services. In terms of liability for losses or damage, they are able to limit these if they wanted to, so even if they lost an item and it was their fault, they could still refuse to pay the full amount by relying on these limitation of liability clauses. The law only prohibits them from limiting their liability if their actions have caused death or serious injury, for other losses they can limit it as they see fit.


 


The specific terms dealing with their liability are:


 


12. c) Unless you and we agree otherwise in writing …our liability for any damage to or loss of the goods, however it arises, will be limited to £5 for every kg of the weight of your goods (10p for every 100 grams for part kilos).


 


12. k) Paisley Freight provide free insurance of £5 per kilogram … You may add any of the additional insurance options below at checkout.


 


So it does appear that they would generally only cover you for up to £5/kg, unless you had decided to take out extra insurance on the item.


 

Customer:

ok but it was lost in transit

Ben Jones :

yes I know, under 12 C it says our liability for any damage to or loss of the goods, however it arises, will be limited to £5...

Customer:

so i have lost 300 pound it seams then yes

Customer:

you live and learn . thanks

Ben Jones :

well it would be the difference of the bike value and what they cover you for

Ben Jones :

I am sorry but this is the terms you agreed to when you decided to use their services

Customer:

ok

Customer:

thanks for yr help

Ben Jones :

Wish I could give you more positive news but it is the situation as it stands

Ben Jones :

You are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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