LOSS-DAMAGE CLAIMS

OVERCHARGE CLAIMS:

Overcharge claims shall be presented on standard form for presentation of overcharge claims and must be supported by the following documents:

1. Original paid freight (expense) bill.
2. Original invoice, or certified copy, when claim is based on weight or valuation or when shipment has been improperly described.
3. Original bill of lading, if not previously surrendered to carrier, when shipment was prepaid or when claim is based on misrouting or valuation.
4. Weight certificate, or certified statement, when claim is based on weight.
5. Other facts obtainable in proof of overcharge claimed.
6. Proof of original payment that was made to the carrier.
7. Over charge claims must be made by the party who originally made payment.

Filing of Claims:

• Claims in writing required. A claim for loss, damage, injury, or delay to cargo shall not be voluntarily paid by the carrier without proper verifcation & investigation. Claims must be filed in writing, as provided in the following section, with the carrier within the specified time limits applicable thereto and as otherwise may be required by law, the terms of the bill of lading or other contract of carriage, and all tariff provisions applicable thereto.
• Minimum filing requirements. A communication in writing from a claimant, filed with the carrier within the time limits specified in the bill of lading or contract of carriage on transportation, if no time limit is stated on the bill of lading or contract of carriage on transportation, then the time limit for filing a claim shall be 6 months, and (i) containing facts sufficient to identify the shipment (or shipments) of property involved. (ii) Asserting liability for alleged loss, damaged, injury, or delay, and (iii) making claim for the payment of a specified or determinable amount of money, shall be considered as sufficient compliance with the provisions for filing claims embraced in the bill of lading or other contract of carriage.
• Documents not constituting claims. Bad order reports, appraisal reports of damage, notations of shortage or damage, or both, on freight bills, delivery receipts or other documents, or inspection reports issued by carrier or his inspection agency; whether the extent of loss or damage is indicated in dollars and cents or otherwise, shall, standing alone, not be considered by carrier as sufficient to comply with the minimum claim filing requirements specified in section minimum filing requirements above.
• Claims filed for uncertain amounts. Whenever a claim is presented against the carrier for an uncertain amount, such as $100.00 more or less, the carrier shall determine the condition of the shipment involved at the time of delivery by them if it was delivered, and shall ascertain as nearly as possible the extent, if any, of the loss or damage for which he may be responsible. Carrier shall not, however, voluntarily pay a claim under such circumstances unless and until a formal claim in writing for a specified or determinable amount of money shall have been filed in accordance with the provisions of section minimum filing requirements above.

Acknowledgment of Claims:

• The carrier shall, upon receipt in writing of a proper claim in the manner and form described in these regulations, acknowledge receipt of such claim in writing to the Claimant within 30 days after the date of its receipt by the carrier unless the carrier shall have paid or declined such claim in writing within 30 days of the receipt thereof. The carrier shall indicate acknowledgment to the claimant what, if any, additional documentary evidence or other pertinent information may be required to process the claim as preliminary examination of the claim, as filed, may have revealed.
• The carrier shall at the time each claim is received create a separate file and assign thereto a successive claim file number and note that number on all documents filed in support of the claim and all records and correspondence with respect to the claim including the written acknowledge of receipt and, if in his possession, the shipping order and delivery receipt, if any, covering the shipment involved. At the time such claim is received the carrier shall cause the date of receipt to be recorded on the face of the claim document, and the date of receipt shall also appear in the carrier’s written acknowledgment of receipt to the claimant.

Investigation of Claims:

• Prompt Investigation Required. Each claim filed against the carrier in the manner prescribed herein shall be promptly and thoroughly investigated if investigation has not already been made prior to receipt of the claim.
• Supporting Documents. When a necessary part of an investigation, each claim shall be supported by the original bill of lading, evidence of the freight charges, if any, and either the original invoice, a photographic copy of the original invoice or an exact copy thereof, or an extract made there from, certified by the claimant to be true and correct with respect to the property and value involved in the claim, or certification of prices or values, with trade or other discounts allowances or deductions of any nature whatsoever and the terms thereof, or depreciation reflected thereon. Provided however, that where the property involved in a claim has not been invoiced to the consignee shown on the bill of lading or where an invoice does not show price or value; or where the property involved has not been sold, or where the property has been transferred at bookkeeping values only the carrier shall, before voluntarily paying a claim thereon, require the claimant to establish the destination value in the quantity shipped, transported, or involved and to certify the correctness thereof in writing.
• Verification of Loss. A prerequisite to the voluntary payment by a carrier of a claim for loss of an entire package or an entire shipment shall be the securing by him of a certified statement in writing from the consignee of the shipment involved that the property for which the claim is filed has not been received from any other source.

Disposition of Claims:

• When the carrier receives a written claim for loss or damage, injury or delay to property transported, he shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim by the carrier. Provided however, that, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding 50 day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reason for the delay in making final disposition thereof and it retain a copy of such advice to the claimant in its claim file thereon.

Processing of Salvage:

• Whenever material, goods or other property transported by the carrier subject to the provisions herein contained is damaged or alleged to be damaged and is, as a consequence thereof, not delivered or is rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, the carrier, after giving due notice, whenever practicable to do so, to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, shall undertake to sell or dispose of such property directly or by the employment of a competent salvage agent. The carrier shall only dispose of the property in a manner that will fairly and equally protect the best interest of all persons having an interest herein. The carrier shall make an itemized record sufficient to identify the property involved as to be able to correlate it to the shipment or transportation involved and claim, if any, filed thereon. The carrier also shall assign to each lot of such property a successive lot number and note that lot number on his record of shipment and claim, if any claim is filed thereon.
• Whenever disposition of salvage material or goods shall be made directly to an agent or employee of a carrier or through a salvage agent or company in which the carrier or one or more of his directors, officers, or managers has any interest, financial or otherwise, that the carrier’s salvage records shall fully reflect the particulars of each such transaction or relationship, or both, as the case may be.

Upon receipt of a claim on a shipment on which salvage has been processed in the manner hereinbefore prescribed, the carrier shall record in his claim file thereon the lot number assigned, the amount of money recovered, if any, from the disposition of such property and the date of transmittal of such money to the person or persons lawfully entitled to receive the same.