Who is responsible for filing an insurance claim with USPS?

[mrs-pman]

I have been a buyer on ebay for over 20 years.  I bought a glass item and the box arrived dented, shipped using USPS.  The glass item was double boxed, but was in several pieces none the less.  I contacted the seller who told me to open a claim with USPS in order to get my money back.  This surprised me.  I have positive feedback over 1,200 and have never once been told to file my own insurance claim.  After going back and forth with the seller, I eventually, with his guidance, set up an account with USPS and filed an online claim.  A short time later I was asked to bring the item into the post office for inspection.  When I did, the postal worker said the box wasn't marked "fragile" or "glass" on the front and back.  He also said the packing material, which was crumpled brown paper, was also insufficient as a packing material - as it just crumples.  He said he doubted the claim would be approved.  Sure enough, I went online to check and yes, it was denied by USPS.  This was a few days ago.  I am sure to receive a letter of denial in the mail.  I contacted the seller explaining the denial and asked for a refund.  Instead he created a shipping label.  I assume the package is still at my local post office. This seems like an awful lot of work on my end to be reimbursed for a transaction from a month ago.   How should I have handled this?  What are my responsibilities as a buyer?

[wastingtime101]

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@mrs-pman wrote:

He also said the packing material, which was crumpled brown paper, was also insufficient as a packing material 

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Yeah, if the seller used brown paper and no bubble wrap that'll surely result in broken glass.

Insurance is for the seller, not the buyer. Your seller handled this the wrong way.

After contacting the seller and getting stonewalled, the right path for this would have been to file a return request through eBay saying the item was damaged in shipping. The seller is then responsible for sending you either a return label or a refund.

If seller files an insurance claim, the carrier will request the item and packaging for inspection so buyer should cooperate with the seller's insurance claim by turning those over when requested by the carrier. While buyers are not required to cooperate with a seller on an insurance claim, in my opinion it would be pretty crappy not to. But it's not the buyer's responsibility to file a claim. Insurance is for the seller.

So at this point you have nothing to return as USPS has the item, correct?

If you haven't already, file a return request through eBay citing the item was damaged in shipping.

https://www.ebay.com/help/buying/returns-refunds/return-item-refund?id=4041

Then, go to eBay CS on social media - either ebay on facebook or askebay on twitter - send them a DM with the order number. Ask them to review the messages where the seller pushed you into filing the insurance claim and tell them USPS has the item as part of their claim so you can't return it. They should be able to help you @mrs-pman.

[saylesville2003]

It is my understanding that it is the seller's responsibility to choose to file a USPS claim or not. The seller should refund you if you file a claim with Ebay for the purchase received damaged.

[bonjourami]

All you have to do is file an item not as described case. Go to the transaction, and use the drop down menu. If it is passed the thirty day MBG, you can file at Paypal, you have 180 days there, or your cc, if thats how you paid.

[powell-memorabilia]

Buyers don't have to jump through hoops b/c of a shipping issue.  Next time, just file for a return, and that is it.  Tough spot now - I'd think that you need to return to the PO, get your item, then send back to the seller.  

[mrs-pman]

Yes, the packing material was brown paper, no bubble wrap.  Yes, I have no item to return as I handed it over to the post office.  I did file a return request for item damaged in shipping.  That's when the seller sent me a return label.  Thank you for your input!

[mrs-pman]

I am assuming the post office is holding on to the item?  I'd stop in to the post office, but it's closed today.

[buyselljack2016]

@mrs-pman 

An item in USPS possession during an insurance claim process should be return to you when the claim is denied.

You have several days to get the item label scanned for return.

You seller is a bit obtuse. Failed USPS insurance claim, but wishes to pay return shipping for a broken item.

Watch out for the seller 50% refund reduction caper. Come back here if that happens

[fab_finds4u]

Either one can file a claim but because the seller is responsible whether insurance is paid or not the seller was supposed to refund you and ask to to keep the package in case USPS wants to inspect it, and they be the one to handle the claim and wait for the claim to be paid.

Insurance doesn't  pay if paper is used for packing material. The seller needed to use a material that absorbs shocks like packing peanuts and bubble wrap. I don't  even know why the PO included "Fragile" in their requirements because the machinery they run packages through  can't read that.

Next time file a not as described case and force the seller to refund. They will because they know it's useless to spend money on a return label to get something back that can't be fixed.

[ms.rodriguez*]

Email the seller one more time and ask him to refund immediately because you do not have the package, the post office has it.  Anyway, you are not supposed to mail broken glass through the mail either.  Ask him to send the refund immediately since you are also going to contact Ebay on Facebook.  Remind him that he is NOT going to get charged for the shipping label that he sent.   

In the future, open an item not as described case immediately.  

[12345jamesstamps]

Item was not packaged for breakage by the seller correctly. I would have just ask for a return label for a return with tracking and be done with it immediately. I don't know why you have to do anything more. After 30 days it is a little hard to obtain a refund from eBay. You might have to do a dispute with your banking institution whether debit or credit or credit card if its after 30 days. You can do this online which is quicker than calling or going to your bank today(online). This is only if it's been more than 30 days. If its less than 30 days work with eBay first before doing a dispute. Insurance is like for something lost and not from something being broken. I would not contact seller anymore with emails. Sounds like he gave you the round around for getting your refund. Be business like and do not send any nasty emails to seller as well as doing a negative feedback with words that would get the feedback deleted by eBay. You have months to do the credit card dispute. Work with eBay within the time limit first.