Montway Auto Transport

Complaint: [redacted]
I am rejecting this response because:On December 24, 2016, I signed a contract with Montway Auto Transport to have my car moved from California to Virginia.  The most expedient route was just under 3000 miles.  28 days have elapsed from the date of pick up and I am no closer to having my car than on the forecasted date of delivery of January 7, 2017.  While Montway has been quite transparent in their communications, it does not relieve them of the requirement to perform in a manner that is conducive to their customer.  This customer has been made to feel as though Montway's contracted carrier is the sole operator of trucks in the United States that can tow a specific trailer.  At no time has this customer been informed of an effort to retrieve my car from wherever it may be located. I paid Montway to transport my car and Montway now cannot say with any certainty, where my car is.  Despite all terms and conditions and legal jargon, I have paid for a service that has not been performed and the service has taken longer than would be reasonably expected.  I believe it is fair to inform future customers that their vehicles may never be delivered and Montway Auto Transport has no legal obligation, whatsoever, to actually perform the service for which they advertise. 
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]. The business has offered to reimburse $317.92, which I have accepted.
Sincerely,
[redacted]

We thank you for sharing your experience. We apologize for the inconvenience you encountered with your order. Per your request on 10/10/16 to cancel your order, we have done so. Please note, the cancelation process will take up to 48 business hours to process. Any call that you might of received...

after was most certainly as a courtesy as we had carriers lined up ready to pick up your vehicle. Additionally, you requested an email where it indicated that your credit card will not be charged. An agent has reached out to the customer via email confirming their cancellation as also requested. The credit card has been deleted off our system as your order has been cancelled therefore you will not be contacted.  We regret we did not have the opportunity to transport your vehicle and hope to considered in the future if you are in need of another auto transport.

Montway most certainly apologize for your experience and inconveniences.We are doing everything we can to assist in this situation of unforeseen circumstances.  The trailer suffered a mechanical failure causing delay to the delivery of this vehicle as well as 6 other vehicles.  Status...

updates are being relayed as they are received from the trucker as well as the location of where the repairs for the trailer are taking place.   We are transparent that all transport dates are estimated as occurrences such as these can not always be anticipated. The carrier was fully vetted including passing a full safety check with the FMCSA and USDOT and due to this occurrence will undergo a service safety audit in order to be reinstated for future work with Montway. The entire order will also be audited to ensure that all proper steps were taken internally with all agents as well.  To further assist, Montway has negotiated a significant discount on the customer's behalf for their time and inconveniences associated. The order is being constantly monitored for any updates to which will be immediately relayed to the customer.  Other carriers are being researched to possibly take over the transport from its current location.  Again, we apologize for the inconveniences this has caused and will continue to focus on get the customer's vehicle delivered safely as soon as possible.   Thank you.   Management has been in direct contact and will continue to provide support

Hello, We received a report of an issue on 09/23/2016 which prompted us to reach out to the customer with very specific instructions as to how to proceed. The description of the issue that you provided to us was that there was a loud noise coming from underneath the vehicle while it is running. We...

requested documentation in the form of a diagnostics report in order to determine what the issue was as well as photos and bills of lading. The customer provided the bill of lading to us the same day as delivery which was 09/23/2016 and the diagnostics report on 09/26/2016. We also requested photos of the issue in which the customer did not provide. Instead, the customer provided a video of the vehicle which showed a loose heat shield, which is located on the undercarriage of the vehicle. In our initial response to the issue reported, we informed the customer of the following per line 7 of our request for documentation: 7) Mechanical diagnostic/assessment report detailing exact issue and specific origin that caused the problem. - As the damages you are claiming are not typical transport damage, a mechanical diagnostic assessment will be necessary to move forward. Please allow me to elaborate. The vehicle's mechanical components are not part of the initial inspection of the vehicle, therefore are not aspects of the vehicle covered in transport cargo claims. By law, drivers are only required to view, inspect and document on the visible outside portion of the vehicle, as they are not mechanics and are not authorized to make any mechanical assessments. Their responsibility is to load and unload the vehicle safely on and off the trailer. Therefore any such claims would have to be proven to be attributed to driver negligence.  Drivers do not have the capability or the licensing to inspect the mechanical components of the undercarriage thus; these types of issues are not covered by a carrier’s cargo insurance. As stated, by law, drivers are only required to view, inspect, and document on the visible outside portion of the vehicle as they are not mechanics are not authorized to make any mechanical assessments. When researching this issue online, this issue is attributed to wear and tear, especially for the make and model of your vehicle, a 2009 Toyota Corolla. In the video that the customer provided us, it clearly shows that the heat shield is installed above the exhaust. The claim according to the customer’s email (verbatim), “My car fell during the unloading process, or loading process.” If this were the case, there would be clear impact damage in and around the areas surrounding the heat shield such as the exhaust. Being that the heat shield is installed directly above the exhaust as it clearly shows in the customer’s video, there would be clear damage to the exhaust which would indicate impact damage. Please review the video link provided below which is of a 2009 Toyota Corolla heat shield in which the owner (not Mr. Smith) in the video experienced the same issue that the customer reported. https://www.[redacted].com/watch?v=[redacted] Heat shields become loose over the years due to wear and tear. This type of issue cannot be attributed to driver negligence as there is no evidence of other damage surrounding the heat shield thus, there are no grounds for a transport claim or reimbursement for the repairs that the customer initiated at his own will. We provided the customer with very specific instructions that were not adhered to in order for us to investigate the matter thoroughly and provide the customer with our determination before there were any out of pocket expenses on the customer’s behalf. We require two repair estimates that were never provided to us due to the fact that the customer initiated the repairs without our knowledge. We require pictures of the alleged damage that were never provided to us. The only form of reference we have is a video of the undercarriage while at the repair shop the customer chose to go to on 09/26/2016 three days after delivery was made on 09/23/2016 With that being said, the customer was fully informed prior to transport as to what is covered and not covered under a carrier’s cargo. We have found no grounds for a transport claim as the area of the vehicle in question is not part of the initial inspection nor is it covered by cargo insurance.  By law, drivers are only required to view, inspect, and document on the visible outside portion of the vehicle, as they are not mechanics and are not authorized to make any mechanical and undercarriage assessments. Their responsibility is to load and unload the vehicle safely on and off the trailer. Also, with no signs of impact related damage, we cannot attribute this issue to driver negligence nor can drivers be held responsible for wear and tear related issues. We truly apologize for any and all inconveniences the Mr. [redacted] has experienced however, the customer’s issue cannot be attributed to driver negligence as he is stating. Regards,

At this time we have reached out to the customer and have received the document requested in regards to his concerns and will be working with him to resolve the matter.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution is satisfactory to me.
Sincerely,
Devin [redacted]

Complaint: [redacted]
I am rejecting this response because: The only thing your company policy does, is it makes sure you keep your five star rating, because after you pay out a claim, nobody can leave negative feedback. 
[redacted]

Since Montway has giving us a refund. But this response statement is incorrect, our vehicle was running fine, so there was NO reason for extra services, but when it has been messed with to collect more funds, that is unacceptable. It took a month to get a refund, due to all the red tape we had to go thru.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID 10886504, and find that this resolution is satisfactory to me.
Sincerely,
Deborah [redacted]

Complaint: [redacted]
I am rejecting this response because:My vehicle has been stuck in Texas for 10 days now and Montway does not have a backup plan, although I have been asking for one since Thursday.Montways staff has continued to be extremely rude, ignores my requests, and does not follow up with me in the [redacted]e frame they say they would. One staff member this morning went as far as telling me her title was the "General Manager" once she began speaking to me I immediately questioned her title and she then told me she was a Supervisor. I did finally get into contact with someone today by the name of [redacted] who is at least tolerable to speak with and not rude. Although [redacted] has been tolerable to speak with, its unbelievable that it took me going through the Revdex.com to get a response from someone in upper management, even though I have been asking for this since Friday and multiple people have told me they would have someone call me.To say that Montway has "negotiated a significant discount on the customers behalf" is untrue. The discount that was talked about had nothing to do with the fact that Montway negotiated it, they had nothing to do with the offer at hand.The message also states "other carriers are being researched to possibly take over the transport". I have been asking for this since Thursday, there is no possible way they have not found one yet. Supervisor [redacted] promised me during a phone call on Saturday that he had a company available to pick up my vehicle on Monday morning, as you can see that definitely did not happen.For all of these reasons mentioned, Im denying the previous response, as there are still at major problem at hand and no one seems to listen to what I, the customer have been asking for after 11+ day delivery for my vehicle which I still do not have.Sincerely,
[redacted]

Mr. [redacted]  has not provided the necessary documents needed in order to properly assist him with his damage claim. We cannot do anything without first receiving the applicable documents from the customer. To avoid any confusion as to what documentation is needed, we provide a checklist (of the same documentation that insurance adjusters request to properly investigate and render judgement in relation to a new damage claim: 1) Pictures of the car before or at time of pickup (if the customer has any), 2) Pictures of the car at delivery with the damage, 3) The Bill of lading from the point of origin, 4) The Bill of lading from the delivery destination, & 5) Estimates of repairs (at least 2 to compare).These document requirements were communicated to Mr. [redacted] both verbally and in writing,  including the insurance contact information, yet again, no documentation has been provided.  At this time, we are not understanding the confusion as all information and necessary documentation has been detailed out to Mr. [redacted] many times.  We respectfully advise the customer to contact the insurance company to proceed with filing a formal damage claim as Montway cannot be of any assistance without receiving the documentation we requested.

Initial Business Response /* (1000, 5, 2015/07/24) */
Montway stands by its services and will go above and beyond to assist customers with any issues. Our terms are publicly published on our website, disclosed prior and during booking, written in the customer agreement and within all communications...

thereafter. Nothing within our process is hidden, that is how we demonstrate integrity. We do not provide a 5 day window. We estimate assigning a carrier within 1 to 5 business days. Even though our estimations are highly accurate, just over 95%, we still inform customers we can only provide estimated dates. We want our customers to be clear on these terms so they can make any necessary personal arrangements.We estimate the dates for multiple reasons, reasons which impacts the entire transport industry. Traffic delays, detours, speed limits, weather delays, mandatory rest stops, pickup/delivery client availability delays, weight station checkups, police inspections, truck breakdowns, driver's health issues, are just some of the issues that cannot be anticipated. We understand this is potentially inconvenient for customers, so we combat that with information and keeping customers informed by providing updates via phone and email. It is not our intent to inconvenience our customers; our goal is to find our customers a transport solution.
This is why we go above and beyond to help customers understand the terms and conditions that come along with our services.
Issue has been resolved with the customer.

Initial Business Response /* (1000, 5, 2015/04/30) */
Contact Name and Title: Claims Dept.
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@montway.com
We understand that transporting a vehicle is not a common event for most, so we are 100% transparent with our estimated date policy and...

obtaining approval to move forward in charging the customer when services are rendered.
The order was received on 4/14/2015 and our services process including our terms, conditions, and cancellation policies were thoroughly discussed and reviewed.
While we do everything possible to accommodate our customer's given dates, we are very clear that we estimate carrier assignment within 1 to 5 business days and that no dates are guaranteed. We only move forward if the customer agrees to these terms which are published publicly on our website, disclosed during the booking process and put into writing in the order confirmation agreement. In this case, the customer was informed of all terms and authorized us to proceed.
The order confirmation accepted by the customer at booking on 4/14/2015 gives authorization for us to begin working on the order to find a motor carrier, it also authorizes us to charge for our services at the time we complete our job in which a carrier is secured. We are currently in snowbird season so there are more transports needed than there are available truckers, however we were still able to secure a motor carrier on the 5th business on 4/21/2015, which was within our agreed upon estimated window. It is at that point our services were rendered and only at that point was the customer charged as per the order confirmation agreement accepted by the customer at booking on 4/14/2015.
A cancellation request was received after our services in securing a motor carrier had already been rendered. We honored the customer's order confirmation agreement, utilizing our time, money and resources to fulfill the customer's request. Our apologizes, as we do consider refunds when appropriate, but there are no grounds for refund in this particular case.
Initial Consumer Rebuttal /* (3000, 7, 2015/05/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have never confirmed order or authorized payment any payment.All I did was requested a quote and asked whether it is possible to ship before 18th.Also,made it very clear on call that I wont be staying in the place after 18th.How can they charge without at least checking if pickup date of vehicle is okay or is the vehicle still available to pickup with the customer?
Final Business Response /* (4000, 9, 2015/05/01) */
The quote was requested and after learning of our process, services, terms and conditions, the customer asked us to move forward with the order. The order confirmation was accepted by the customer at booking on 4/14/2015 and gives authorization for us to begin working on the order to find a motor carrier, it also authorizes us to charge for our services at the time we complete our job in which a carrier is secured. When a customer places their order, we continue to provide our services as described until we receive written notice of cancellation from the customer.
A cancellation request was received after our services in securing a motor carrier had already been rendered. We honored the customer's order confirmation agreement, utilizing our time, money and resources to fulfill the customer's request. Our apologizes, as we do consider refunds when appropriate, but there are no grounds for refund in this particular case.

The service that Montway Auto Transport was contracted to provide when the customer's ([redacted]) bid was accepted through [redacted], was to serve as a broker in this transaction. As the broker in the transaction, we were hired to secure a legally authorized, licensed, and insured carrier. Our...

service was rendered when we located and dispatched the order to the carrier, [redacted] Towing LLC. Montway's Terms and Conditions are transparent, and this customer accepted Montway's Terms and Conditions when his order was booked. Per Montway's Terms and Conditions, Montway shall provide the customer with an estimated pickup and estimated delivery date. However, delays may occur prior to, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are absolutely no guarantees regarding pickup or delivery times and dates. Furthermore, the customer was also made aware of the fact that we do not guarantee dates before/on/or right after any major holiday. This customer's order was booked on 12/20/2015, which was the week leading into the Christmas holiday. It was explained to the customer that as he was booking his order between 12/20/15 - 1/15/2016, the shipment runs a greater risk of being delayed during this time period, as driver availability is usually stretched thin during this time of the year, due to the fact that many drivers opt to be off of the road, to spend time with their families and friends to celebrate their holiday of choice. Montway does everything possible to accommodate our customer's given dates; we estimate carrier assignment within 1 to 5 business days and no dates are guaranteed. We only move forward if the customer agrees to these terms which are published on our website, and disclosed during the booking process and put into writing in the order confirmation agreement. No dates and/or times related to the pickup and/or delivery of his vehicle were guaranteed to the customer at any time. Per Montway's Terms and Conditions. the customer agrees and understands and Montway is a registered transportation and property broker, and is acting solely in the capacity of a broker. The customer allows Montway to contract with other licensed and insured Motor Carrier(s) to transport the vehicle described in this shipping order. The customer further agrees and understands that Montway's sole responsibility in this transaction between the customer and Montway is to procure a carrier for shipment of the customer's property. The customer understands that Montway never takes possession of, transports, or delivers the customer's property. It is the customer's responsibility at the time of pickup, to team up with the carrier to carefully inspect the vehicle for pre-existing damage (exterior only) by completing a vehicle inspection report recorded on the Bill of Lading. The carrier and customer will both acknowledge the condition of the vehicle, and the customer is to sign and receive a copy of the Bill of Lading. It is the customer's responsibility to request a copy of the signed Bill of Lading at the time the vehicle is loaded onto the carrier's trailer for transport. Likewise, at the time of delivery, it is the customer's responsibility to once again team up with the carrier and carefully inspect the vehicle for possible damages incurred during transit. The carrier and customer will once again both acknowledge the condition of the vehicle, and the customer is to sign and receive a final copy of the Bill of Lading. It is the customer's responsibility to request a copy of the signed Bill of Lading at the time the vehicle is unloaded from the carrier's trailer at the delivery destination. Montway served as a broker in this transaction, and as such never took possession of the vehicle. The actual carrier is the only party that physically took possession of the vehicle, and was likewise responsible for completing the aforementioned inspection of the vehicle, and completion of the Bill of Lading at the origin and delivery destinations, with either the customer, or the customer's pre-designated contact. Failure to request and secure a copy of the completed and signed Bill of Lading must be addressed with the carrier who was responsible for transporting and delivering the freight. Since the customer, [redacted], called to report the damage to Montway on 1/1/2016, we have been in constant and continual contact with him, to advise him of his legal options to collect for damage compensation. We have offered to assist with the success of filing his damage claim with the proper party. We have taken action to fully advise the customer of his legal options to recover on the loss, and have also offered to provide mediation services with the carrier responsible for transporting his vehicle. [redacted] Towing LLC. We unfortunately have no control over the insurance process as far as how long it takes to process a claim or determining the outcome of a claim.  Because of this legal restriction, to provide additional assistance wherever we can, Montway also offers mediation services for those situations where all parties agree to address the damages outside of the insurance process.  This is a great help in most instances as it greatly expedites resolution for all, however again both the vehicle owner and carrier must be willing.  We do need estimates in order to present the case to the carrier for consideration. To date, the customer, [redacted], has not provided any of the documentation, besides photographs of the alleged damage, that has been requested, so that we can initiate mediation on his behalf with the carrier, [redacted] Towing LLC.