Who files an insurance claim?

[powdernpaint]

If I sell an item on EBay and ship with insurance if the item arrives damaged or gets lost do I file a claim or does the buyer? Does the money get refunded to the buyer and I'm left with the mess? I put terms in the auction that I'm not responsible for lost or damaged items once they are out of my hands and the buyer is responsible for filing claims. Is that useless? I think it's only scaring off buyers and will remove it if there no hope of enforcing that. Please let me know. Thanks!

[smartest_guy_here]

You file, and yes your statement is useless as it is false.

[chinohighcowboys1963]

You most certainly are responsible to get items to buyers in condition as purchased, so you better take those statements out of your listings.

You, the seller must refund buyer first, then you file the insurance claim.

Don't have buyer send item back, as that would void the insurance claim.

[acar8174]

The terms in your listings are contradictory to ebay's MBG policy, and aren't enforceable. I would think it would cause buyers who know that you are indeed responsible for filing an insurance claim and giving the buyer a full refund if the item is lost or damaged while in transit will choose not to purchase from you (and rightly so, as you don't know ebay policy).

The only time the buyer would file the claim is if it is an item that tracking shows was delivered but the buyer claims was never received. Since the claim isn't covered by the MBG, you wouldn't have to issue a refund, and it would be up to the buyer to recoup the loss.

You cannot charge for shipping insurance separately, you cannot require buyers pay for shipping insurance, you must issue a full refund before the disposition of any insurance claim when the buyer files an ebay MBG return request or INR. 

If the buyer is claiming shipping damage, ask for pictures, file the claim, refund the buyer. Buyer will have to keep item for inspection or pick-up by USPS/FedEx/UPS. The buyer returning the item before inspection voids carrier shipping insurance.

[scga912]

The insurance claim is between you and the carrier.

The refund owed for damage is between you and your buyer.

The two are not really related when it comes down to it.  The buyer gets his item is or made whole.

What if the carrier denies the claim because of poor packaging? Should the buyer be out? 

For this type of situation, you have to act like any large ecommerce site.  Even if you were a tiny, independent one, the buyer would be able to file a chargeback  through their card provider because you didn't send the item they actually purchased - an undamaged one.

[zcmi11]

The buyer is covere by the eBay money back guarantee which means you the seller 

refund the total amount paid when the item is not received or as described

so the buyer wouldn't have to hassle with insurance.

Insurance is to protect you, the seller.....

[powdernpaint]

Thanks for all your replies. I knda thought that was the case but I noticed on some else's auction that had posted that the buyer was responsible for everything having to do with a claim and that was totally wrong. Live and learn! Thanks again for the help!

[mex3haw4]

Item sold arrrived broken who files ins. cliam?? And is it filed with ebay o usps????

[missjen831]

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@mex3haw4 wrote:
Item sold arrrived broken who files ins. cliam?? And is it filed with ebay o usps????

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Did you not read all the responses? The seller files with whoever insured the item. eBay themselves do not insure anything so the seller, IF the package was insured, files a claim with the carrier.

[valkseller]

Most carriers will not accept a claim from the buyer (addressee). 

It has been a long time since I had a USPS (Postal Service) claim as a buyer, but my post office processed a claim for me when I bought a tea set with a broken piece.  I took the box with all the contents, shipping label, printed out the ebay invoice, to my post office and they took care of it on the spot.  I never even processed a claim for it on ebay.

Also, it has been a long time since I processed a USPS claim as a seller, but you can do it on line, upload photos of the damage (which the buyer should send to you), include the ebay item number, there is even field on the USPS insurance claim where it asks "Is this from an on line auction?"  Asks which one - select ebay, then there is a field for the item number.  the post office then has proof of the value and a double check on the tracking number.  There used to be fields where you select who gets paid, the seller or the buyer.  That may have changed though to only the seller gets paid.  That's what you want anyhow.  If the buyer got paid by USPS they could also claim for a refund through ebay, so what others told you is correct.  Issuse the refund to the buyer, then get reimburssed by the carrier.  But get proof of damage from the buyer first.  No reason why they wouldn't cooperate with that unless they are trying a scam.

Another option, if you print your shipping labels from ebay - eBay Shipping, Inc, there is an option to purchase shipping insurance through an entity called ShipCover.  It is only available for USPS labels.  I've heard they are easy to work with, and have access to pictures provided by the buyer if they need proof of damage.  Keep in mind that printing USPS Priority labels from ebay includes up to $100 in insurance without any additional charge. 

Bottom line, the seller made the contract for shipping services with the carrier, so the seller files the claim.

[missjen831]

Maybe it was different when you last filed but USPS currently allows either party to file a claim. The sender is not the only party that can file a claim and receive reimbursement 🙂

[valkseller]

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@missjen316 wrote:

Maybe it was different when you last filed but USPS currently allows either party to file a claim. The sender is not the only party that can file a claim and receive reimbursement 🙂

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That's good to know, and that's how I remember it, I thought they had made a recent change to only the seller/sender can file. 

[phcd1]

Typically shippers only pay the sender, not the receiver. The seller should always file the claim, and refund the buyer in full and explain to the buyer that the shipper will come by and pick up the item in question.

[shynescloset]

What if there is a tracking number saying it was delivered and the buyer is saying they never received it? Who would file a claim in this situation?

[buyselljack2016]

@shynescloset

Buyer would check with the carrier to determine where the item was delivered.  If USPS they can check GPS to see exactly where it was scanned.

Buyer could look around, file police report........

A claim is not likely to be paid for an item that shws delivery