Q: stolen or lost item, what value can I sue for ?
Hi, I purchased a 14k gold jewelry item at a good deal , item was delivered by FEDEX to a courier company , they signed for the package on 4/27, when we questioned as to where our package was as it had not been forwarded with other packages we received, we were given different reasons, excuses, explanations, never a direct answer until now they have told us they cannot find it....can I sue them or ask them to replace the item for a similar item in gold [14k] and weight ? or can I only sue them for the amount I paid ?
A: You likely can make a claim for the dollar value (only). But whether you can sue in court to make such a claim, and if so, where, and when (immediately or after some other step to be taken first), depends on your delivery contract terms. The contract might contain an arbitration clause requiring the claim to go to an arbitrator rather than a court. It might require a notice of claim as a prerequisite (prior condition) to filing a claim in court or arbitration. It might require pre-suit mediation. In any event, the first logical step is to put the situation in writing and demand liability insurance information to submit the claim to their insurance company. Also, you may want to report this to the police as a possible theft.
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