UPS lost the package I shipped out, was not offered shipping protection, so i can’t get money for it. Can I sue? (2024)

A:In California, if UPS lost a package you shipped and you were not offered or aware of shipping protection, you may have grounds to pursue legal action, but there are several factors to consider.

First, review the terms and conditions of UPS's shipping service, which typically outline their liability for lost packages and the process for filing claims. These terms often limit the carrier's liability unless additional insurance or protection is purchased.

If you believe UPS was negligent in losing your package and failed in their duty to offer you insurance or shipping protection, you might have a case. However, proving negligence and that the lack of an offer of insurance directly led to your loss can be challenging.

Before deciding to sue, try resolving the issue through UPS's customer service or claims department. They may offer a resolution, especially if there was a clear error or oversight on their part.

If these efforts don't yield satisfactory results, consider consulting with a lawyer to assess the strength of your case and understand the potential costs versus benefits of legal action.

Remember, litigation can be time-consuming and expensive, so it's important to weigh the value of the lost package against these factors. A lawyer can help guide you through this decision-making process and represent your interests if you choose to proceed with a lawsuit.

UPS lost the package I shipped out, was not offered shipping protection, so i can’t get money for it. Can I sue? (2024)

FAQs

UPS lost the package I shipped out, was not offered shipping protection, so i can’t get money for it. Can I sue? ›

If you believe UPS was negligent in losing your package and failed in their duty to offer you insurance or shipping protection, you might have a case. However, proving negligence and that the lack of an offer of insurance directly led to your loss can be challenging.

Will UPS reimburse me for a lost package? ›

†If your package is insured through the UPS Capital® Flexible Parcel Multi-Carrier Program (the “FMC Program”) and it is damaged or lost in transit, you'll be reimbursed in accordance with The UPS Store® center's insurance policy issued pursuant to the FMC Program.

Can UPS be sued for a lost package? ›

Only the owner of the UPS account used to ship a package has a claim against UPS when the package does not get delivered, and the shipping contract calls for using the claims process for that claim. If the shipper is not satisfied with the determination, the shipper can request arbitration.

How much does UPS cover for a lost package? ›

UPS provides all packages automatically with $100 worth of liability for loss or damage. A shipper can declare a higher value for the shipment with an additional charge. With this in mind, UPS specifically states that UPS's declared value is not insurance.

Can you sue a shipping company for losing your package? ›

Under California law, you have the right to take legal action against the shipping company for the loss of your personal belongings and their failure to ship the items they promised.

Can I get compensated for a lost package? ›

Unless you insured the item you will not be compensated for the loss by the postal carrier.

Does UPS actually investigate lost packages? ›

UPS investigates lost packages by conducting a search of their facilities and transportation network. They also review shipping documentation and interview employees who may have had contact with the package. If the package is not found, UPS will reimburse the customer for the declared value of the package.

How rare is it for UPS to lose a package? ›

UPS has a very low package loss rate, with less than 1% of packages being lost or damaged in transit. However, this can still result in a significant number of lost packages due to the high volume of packages that UPS handles on a daily basis.

What if UPS package is stolen after delivery? ›

UPS lost packages:

Call (800) 742-5877 – speak with customer service for a tracking update. Ask neighbors if they received the package. Wait 24 hours after the expected delivery date and time to file a claim. Start a claim with UPS here.

What are the rules for UPS claims? ›

Claims for Loss or Damage to Property

Claims must be filed within nine months after Delivery of the Package or, in case of failure to make Delivery, within nine months after the date of scheduled Delivery.

Why won't UPS let me file a claim? ›

Why can't I submit my claim on UPS.com? The shipper of your package has a restriction on the account, which doesn't allow recipients or third parties to begin the claim process. Contact the shipper who requested you submit your claim for further assistance.

Does UPS offer shipping insurance? ›

InsureShield® for UPS Packages

Get coverage for your parcel shipments and get paid in the event of a loss or damage. Receive reimbursem*nt up to the invoice value of your goods with fast and easy online claims filing.

Who pays for lost packages? ›

It is more often the seller's responsibility, whether or not it is their fault. First contact the seller as they might be willing to send you a replacement item. Then either you or the seller will most likely file a claim with whoever delivered the package, which is why shipping insurance can be very important.

Can you sue if UPS loses your package? ›

A: In California, if UPS lost a package you shipped and you were not offered or aware of shipping protection, you may have grounds to pursue legal action, but there are several factors to consider.

Whose responsibility is a lost package? ›

If your item wasn't delivered to the location you agreed, it's the seller's legal responsibility to sort out the issue. You can ask them to redeliver your item.

Can I get a refund for a lost package? ›

Alas, if the package is still not found after the “missing mail search,” you may want to request a refund. For domestic mail in the 50 United States, you can submit a refund request by providing proof of purchase. The items you will need include: The tracking number.

What if my UPS package says delivered but I never got it? ›

Call UPS Customer Service directly at 1-800-742-5877 and explain that your package says it's been delivered, but you can't find it. If you know your neighborhood UPS delivery driver, you could also ask them what happened with the delivery and where they may have left it.

How long do you have to claim a lost UPS package? ›

– For domestic Shipments (including ship- ments to and from Puerto Rico), UPS must receive notice of claims within sixty days after Delivery of the Package or, in case of failure to make Delivery, within sixty days after the date of scheduled Delivery.

Who is responsible for lost package shipper or receiver? ›

As a general rule of thumb, if you don't see any evidence to suggest otherwise, the seller or shipper is responsible. If a package is marked as delivered and you have not seen it, then the seller is responsible. The exception is that if a package is actually lost prior to being marked delivered.

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