Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. 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.

• Initial Complaint

  Date:03/21/2024

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On 01/25/2024 my ****2018 car was picked up in ************* ** to be delivered to *****, ******* by ABA Logistic Transportation under load id #******NAJ. The vehicle was scheduled to be delivered on 01/29/2024 but, was not delivered until 02/06/2024. The vehicle was delivered with damages on the soft top roof and the trunk. During the eight days period that it took to be delivered my husband ******************************* was calling the central dispatch office to find out why the car was not delivered yet. As per the gentleman at the central dispatch *************), the transportation truck broke down twice and at the end, the car had to be transferred to another truck (I think this is when the vehicle got damaged). Because the car was not delivered on time, it was received by my brother in law who never saw the car before, and just did the favor to sign as it was received. Then, on the next day my sister noticed and notified me that the roof had damages. Immediately after, my husband ******** contacted the central dispatch office where they stated that will be sending someone from the insurance to check on the damages. He kept calling the guy for more than a week, because they never called back. At the end he told him that he cannot do anything about it. I decided and called myself the office that does the car deliveries at ************. Since then, I have made about 6 or 7 calls and spoke to the receptionist ***** who kept telling me that the manager **** is on another call or that will call me back. This never happened, **** or any other manager never took my call or called me back. I asked ***** for the email address and sent an email on 2/28/24 , including pictures of the damages on the car. I had to call and speak to ***** two more times asking for a response to my email. On 03/06/24, I finally received an email from the manager **** denying my petition for them to take responsibility for the damages done to my car. On 03/11/2024 I sent **** another email stating my disagreement. Since then I have unsuccessfully been trying to contact **** or any other manager by phone through the receptionist *****.See below the emails that I sent and the one I received from ****.---As per my conversation with *****, I am sending videos and pictures of the vehicle that was delivered to ***** with damages on the top roof and trunk. As I explained her, my husband ******** has been calling the central dispatcher since then. The guy stated that he will be sending a person from the insurance, but never did.I will appreciate your immediate attention into this matter. Thank you.*********************** -owner of the vehicle/2018 *** ************ -----------------------------------------------------ABA Logistics From:****************** To:tahlianna ******* Wed, 6 Mar at 12:55 pm Subject: Review of Vehicle Condition and Claims Process Dear *****************,We wanted to reach out to address your concerns about the condition of your vehicle upon delivery.Upon reviewing the pictures provided on the Bill of Lading (BOL) and the additional images you sent via email, we can confirm that the car was not delivered in the condition depicted. Your vehicle was delivered on 2/6 during the day, and no exceptions were noted during the delivery process.As outlined in our ***************** Liability terms and conditions, claims for damages must be noted upon delivery in the presence of the driver. Signing the Bill of Lading at the destination without immediate notation of alleged damage constitutes evidence of satisfactory vehicle delivery. Additionally, regardless of the weather or time of day, it is the receiver's responsibility to examine the vehicle for any damages.No claims shall be accepted unless noted upon delivery in the Driver's presence. The signing of the Bill of Lading at the destination, without immediate notation of alleged damage, shall be evidence of satisfactory vehicle delivery. Regardless of the weather or time of day, vehicle examination is the receiver's responsibility. After carefully reviewing the pictures we took upon delivery and considering the terms and conditions outlined in our agreement, we regret to inform you that we must decline your claim. Based on our review of the pictures taken at the time of delivery and in consideration of the documentation provided, we have not found sufficient evidence to support your claim for damages.Therefore, in accordance with our policies, we must decline the claim at this time.We understand that this may not be the outcome you were hoping for, and we sincerely apologize for any inconvenience this may cause. Thank you for your understanding.Best regards,**** ------------------------------------------------------------Good afternoon, I do not agree with your denial decision because of the following:-The car was definitely delivered with damages as you can notice getting a closer look to the roof on the before and after delivery pictures. It's clearly visible. You can notice the white lines on the top if you look close to the delivered pictures # 2 and 4. You do not see this white lines on pick up pictures # 3 and 4.-The car was picked up on 1/26/24 and not delivered until 2/6/24. It was scheduled to be delivered originally on 1/29/24 but as you should know, the truck broke down twice and they had to transport the car in another truck. It probably got damaged during this change of trucks. All this information was obtained from the central dispatcher.-The person that really knew about the previous condition of the car was not able to receive it because of your constant change of schedules. For that reason, the person that ended receiving the car just did me the favor of being there at the delivery date and time that you ended delivering the car. He just signed the paper not knowing about the previous condition of the car.-Since the date another person living in the house noticed the damage, I have in contact with the central dispatcher guy who stated a few times that was going to send the insurance person to go check the car. He never did and that's when I decided to contact you. I spoke to your receptionist ***** four times before I was able to receive your email.I will appreciate if you take responsibility and action for the damages of my vehicle occurred during the transportation done by your company.Thank you.

  Business Response

  Date: 03/25/2024

  Subject: Review of Vehicle Condition and Claims Process
  
  Dear *****************,
  We wanted to reach out to address your concerns about the condition of your vehicle upon delivery.
  
  Upon reviewing the pictures provided on the Bill of Lading (BOL) and the additional images you sent via email, we can confirm that the car was not delivered in the condition depicted. Your vehicle was delivered on 2/6 during the day, and no exceptions were noted during the delivery process.
  
  As outlined in our ***************** Liability terms and conditions, claims for damages must be noted upon delivery in the presence of the driver. Signing the Bill of Lading at the destination without immediate notation of alleged damage constitutes evidence of satisfactory vehicle delivery. Additionally, regardless of the weather or time of day, it is the receiver's responsibility to examine the vehicle for any damages.
  
  No claims shall be accepted unless noted upon delivery in the Driver's presence. The signing of the Bill of Lading at the destination, without immediate notation of alleged damage, shall be evidence of satisfactory vehicle delivery. Regardless of the weather or time of day, vehicle examination is the receiver's responsibility. 
  
  After carefully reviewing the pictures we took upon delivery and considering the terms and conditions outlined in our agreement, we regret to inform you that we must decline your claim. 
  
  Based on our review of the pictures taken at the time of delivery and in consideration of the documentation provided, we have not found sufficient evidence to support your claim for damages.
  Therefore, in accordance with our policies, we must decline the claim at this time.
  
  We understand that this may not be the outcome you were hoping for, and we sincerely apologize for any inconvenience this may cause. 
  Thank you for your understanding.
  
  Best regards,
  
  ABA
  
  

  Customer Answer

  Date: 04/02/2024

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as ********************************* should be responsible for the damages to the car during the transportation. The damages to the top roof are clearly visible on the pictures and videos taken. On the first few calls made to them, the central dispatch agreed and stated that they will send the insurance adjuster to look at the car and then they changed their mind and never did. On the detailed explanation on next paragraph you can read the reason why the person who received the car signed for it without knowing. The car has not been driven/used since I bought it.
  

  
  

  Business Response

  Date: 05/07/2024

  In review of the pickup and delivery photos of the exterior there is no evidence of damages present. The vehicle was delivered in the same condition that it was picked up. As such a Prima facie case cannot be supported.
  In review of the bill of lading, the bill of lading was signed at delivery with no exceptions noted, under the statement that reads, "Vehicle received in good condition except as noted above." Additionally, the terms and conditions of the bill of lading include language that states, "By Owner's signature or Owner's
  Agent's signature on this Uniform Bill of Lading, the persons listed at the point of origin and the point of destination are appointed agents for the purposes of releasing the vehicle, approving charges, accepting delivery and releasing Carrier and Agent from any and all claims upon acceptance of delivery." As such 
  your signature acts as a waiver of claim, releasing ABA Logistics LLC from any and all claims.
  Liability Discussion:
  The ******* Amendment is the federal law governing motor carriers' liability for loss, damage, and delay to interstate movements of goods in *****************. The ******* Amendment places liability on the motor carrier in the event of a freight claim only if a prima facie case that a loss to cargo occurred during transportation can be demonstrated. Further, ******* permits motor carriers to limit their liability on their bills of lading, and ******* contains exceptions to the prima facie rule. My investigation reveals that a prima facie case cannot be supported.
  The bill of lading is signed under the statement, "Vehicle received in good condition except as noted above" with no notation of damages. The signed bill of lading also releases the Carrier of claims: "By Owner's signature or Owner's Agent's signature on this Uniform Straight Bill of Lading, the persons listed at the point of origin and the point of destination are appointed agents for the purposes of releasing the vehicle, approving chares, accepting delivery and releasing Carrier and Agent from any and all claims upon acceptance of delivery."
  In reviewing the pickup and delivery photos of the vehicle's exterior, the vehicle was delivered in the same condition as it was picked up. Therefore, a prima facie case that a loss occurred within our insured's possession cannot be established.
  Thank you again for reaching out. Please review the attached documents and let us know if you have further questions or require additional information.
  
  Best regards,
  ****