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Certified Transportation Broker
Third Party
Specialists Since 1977
Yes, We Can
Do It!
Virginia Hiway, Inc. now VHI Transport
PROCEDURES FOR FILING CLAIMS
Information
taken from CFR 49
1005.2
A-No carrier
to pay claim unless it is filed in writing.
-
Claim facts to
identify property.
-
Asset liability,
or tell carrier why he is responsible.
-
List support for
amount of claim, make a definite amount.
B-The following
as stand alone items are not sufficient.
-
Order reports.
-
Reports of damage
-
Notations of shortage
or damage on freight bills.
-
Delivery receipts
-
Inspection Reports
1005.3 Time
statues and acknowledgment
A-Carrier shall
acknowledge receipt in writing within 30 days of carriers receipt of claim,
advising of further documents or information needed to process claim.
B-Carrier shall
record the date the claim is received and issue a claim file number that
is noted on all documents pertaining to the loss.
C-Carrier shall
dispose of claims within 120 days of receipt of the claim, or relieve 60
day extensions only if carrier so notifies shipper of same.
1005.6 Processing
of Salvage
A-Carrier, on
refused merchandise, and in notifying the grieved party can orderly dispose
of goods to minimize carrier loss.
NOTES
-
Shipper must file
claim within 9 months.
-
Broker should not
pay any claims as a carrier. If he does so, he becomes an unlicensed freight
forwarder.
-
Carriers should
be encouraged to insert the following words on the bill of lading, per
49 USC S 100. "a carrier may.., by inserting in the bill of lading, the
words, "shipper's weight, load, and count", or other words of like purport,
to indicate that the description of them made by him and, if such statement
be true, the carrier shall not be liable for damages caused by...the non
receipt... of the goods described in the bill of lading."
-
I.C.C. Administrative
Ruling No. 128 strictly prohibits shippers to offset claims against freight
charges owed unless the offset is approved by a court. If carrier does
not pay a lawful claim, the shipper's recourse is civil suit.
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