The Mercury News

Car was supposed to go to Las Vegas — not the impound

- Christophe­r Elliott Columnist Christophe­r Elliott’s latest book is “How to Be the World’s Smartest Traveler” (National Geographic). You can get real-time answers to any consumer question on his forum, elliott.org/forum, or by emailing him at chris@elliott

Q

I recently hired TMShipping to transport my car from Sugarloaf to Las Vegas. They subcontrac­ted out to another vendor to move the vehicle.

I was notified by TMShipping to have the vehicle ready by Nov. 29 at noon. The delivery driver they hired confirmed the appointmen­t. But the driver didn’t show up until Dec. 1 and said the car was gone.

I vacated the rental property on Nov. 29. The landlord towed my car and impounded it for vehicle abandonmen­t.

TMShipping won’t get my car out of impound despite their negligence and poor selection of transporte­rs. They say they are not responsibl­e when, in fact, they are. I did not choose their subcontrac­tor. The subcontrac­tor never even bothered to call me. All I asked for was a simple phone call. Now they are washing their hands of everything when I didn’t do anything wrong.

— Emanuel Bryant,

Las Vegas

A

I’m so sorry your car got impounded. TMShipping’s contractor should have shown up when he agreed to and transporte­d your vehicle to Las Vegas, as promised.

Here’s the problem: Your agreement with TMShipping basically lets it off the hook for all of your transport issues. The company only has to provide a driver to transport the car within one to five days of the pickup date. And TMShipping isn’t liable for the delays, including any changes to the driver’s schedule.

Your case is a lesson to anyone doing business with a moving company. Always, always read the contract. Don’t assume the company will do the right thing. Make sure it is required to do so in writing.

Still, shouldn’t the company help you get your car from the impound? Yes, absolutely. It’s not required to help you, but I think it should.

As I reviewed your paperwork, I noticed that after your first relatively polite request, you quickly began to threaten TMShipping with a trip to small claims court. Your frustratio­n is understand­able, but it isn’t helping you get the resolution you want.

Instead, it is making the TMShipping representa­tive more defensive and less likely to do the right thing. Remember, being patient, persistent and polite is the key to a resolution.

I contacted TMShipping on your behalf. The company reached out to you, and you requested it pay the $250 impound fee and ship the car from the towing company to the delivery location at its expense.

The company said it fulfilled its contract by providing a driver to pick up the car within one to five days, starting at the first available pickup date listed in the contract. “But despite that, we contacted the client and offered to cover the impound fee in the amount of $250 as an exception and to find a new carrier to transport the car,” a representa­tive told me.

TMShipping refunded its $85 service fee and found a new subcontrac­tor to ship the car from the towing company to the delivery address, but the price would be $400 — $100 more than the rate to which you’d agreed. TMShipping offered to cover the extra $100. You’ll still be liable for the $300 transporta­tion fee. Hopefully, your car will show up in Vegas soon.

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