The information contained below is a quick reference guide from CFR 49 and from various notes and experiences over many years.  This information is supplied as best effort information and should not be relied upon for any legal opinion or use. 

 

PROCEDURES FOR FILING CLAIMS

 

Information taken from CFR 49 1005.2

A-No carrier to pay claim unless it is filed in writing.

1. Claim facts to identify property.
2. Asset liability, or tell carrier why he is responsible.
3. List support for amount of claim, make a definite amount.

B-The following as stand alone items are not sufficient.

1. Order reports.
2. Reports of damage
3. Notations of shortage or damage on freight bills.
4. Delivery receipts
5. 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

1. Shipper must file claim within 9 months.
2. Broker should not pay any claims as a carrier. If he does so, he becomes an unlicensed freight forwarder.
3. 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.”
4. 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.