ComplaintsforCompass Transport, LLC

• Initial Complaint

  08/05/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  Worked with Mark Howard to transport a car from AZ to TX. Unfortunately the car was damaged during transport. Their website says they are insured but now Mark will NOT return calls or emails.

  Business response

  08/28/2022

  Client contacted us 02/17/22, 3 days after vehicle was delivered (delivered on 02/14/22) stating that vehicle was damaged during transport.  Client states that “thankfully damage was minor, what can we do to fix this?” (Images attached).  

  Client was informed that we would address this by first contacting the subcontractor that executed the transport to verify damage claim.  Carrier (subcontractor) denies that damage occurred during the transport process, which means at that point we’re unable to attempt to file an insurance claim, as we were informed 3 days after delivery and carrier(sc) denied damage (insurance would deny claim based on time between delivery and alleged damage, “damage could have taken place in those 3 days etc).  

  Now—thankfully we still have some small recourse whereby we can withhold the amount that was to have been paid to carrier (sc) if we believe that there was a possibility that carrier DID actually cause damage. We have no way of proving it, but can inform carrier that we believe that there’s a possibility that damage may have actually occurred during the transport process (although we have no concrete proof).  In that vein, the amount was withheld from carrier.  If carrier (subcontractor) wanted to push the issue, they could simply file a claim against our surety bond to attempt to collect their fee.  Meanwhile, we requested that client send us estimates for damage repair to be ahead of things in case we were able to actually collect any repair costs from carrier (that being only IF they confirmed that they actually caused the damage(s)).  One month after first contact regarding damage, client responds with two estimates (the first showing cost just over $3000 and then second just over $1600, much more than “minor” damage as originally stated).

  As subcontractor is the responsible party for reimbursement of any damage claim (as shown in our terms and conditions and only if they are proven to responsible), no monies will be disbursed to reimburse client wholly.  Please click the following link to see our terms and conditions, numbers 8 and 9 specifically): http://www.compassautotransport.com/terms/

  However, we DID inform subcontractor in Feb 2022 (after client claimed damage), that we would be withholding payment until the issue was investigated/resolved.  To this point, carrier has not pushed back/filed claim against our bond to attempt to collect their fees (and we’ve just crossed the six-month mark), so what we can do is offer client a partial reimbursement based on carrier fees withheld.  While we are in no way required to offer any payment on this (no concrete proof of how/when damage actually took place, and done 3 days after delivery), we can issue partial payment as a good-faith gesture since we are still holding these funds.

  To determine amount, our response/query would be to find out if client filed their own insurance claim to have repairs done (i.e.-paid deductible) or have/will pay out of pocket and require proof of such.

   

  Best,

  Compass Transport LLC

  Customer response

  08/30/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  
  
  First, we do have concrete evidence proving when and how the damage occurred. We have a signed and dated bill of lading from the subcontractor showing the location of the damage. In fact, the bill of lading was initialed by the subcontractor at the damage location.  
  

  Second, my statement of minor damage was only a personal opinion, as I am not a qualified repairman. It did taking longer than expected to get estimates due to Covid restrictions at the Harris County Tax Office and receiving plates to legally drive the car.  The damaged part is fiber glass and thus must be replaced in entirety. Due the age and make of the car, replacement pairs are more expensive than I personally expected. We are more than willing to take the car to a quailed repair shop selected by Compass Transport for verification of estimates.

  Third, no we have not filed a claim with our personal vehicle insurance provider as that would adversely effect our insurance rates. The party responsible for the damage should bear the full burden.  

  A partial refund of the transport cost paid to Compass Transport would not be an acceptable resolution. 

  
  Regards,
  
  
   

  
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩