Filing Claims
Claim Filing Requirements
The requirements to file claims for loss, damage and delay are normally set forth in motor carriers’ tariff rules on the government’s regulations in 49 C.F.R. § 370.
Claim Requirements
Claims must be in writing, demand compensation, identify the load adequately to enable the carrier to perform an investigation, and make a claim for the payment of a “specified or determinable amount of money.” The minimum filing requirements necessary to validate a claim are as follows:
§ 370.3 Filing of claims.
(a) Compliance with Regulations.
A claim for loss or damage to baggage or for loss, damage, injury, or delay to cargo, shall not be voluntarily paid by a carrier unless filed, as provided in paragraph (b) of this section, with the receiving or delivering carrier, or carrier issuing the bill of lading, receipt, ticket, or baggage check, or carrier on whose line the alleged loss, damage, injury, or delay occurred, 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.
(b) Minimum Filing Requirements.
A written communication from a claimant, filed with a proper carrier within the time limits specified in the bill of lading or contract of carriage or transportation and:
- Containing facts sufficient to identify the baggage or shipment (or shipments) of property,
- Asserting liability for alleged loss, damage, injury, or delay, and
- 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; Provided, however, That procedures are established to ensure reasonable carrier access to supporting documents.
(a) 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 carriers or their inspection agencies, whether the extent of loss or damage is indicated in dollars and cents or otherwise, shall, standing alone, not be considered by carriers as sufficient to comply with the minimum claim filing requirements specified in paragraph (b) of this section.
When to File a Claim
Claims should be filed immediately upon discovery of loss or damage. The National Motor Freight Classification (NMFC) requires all concealed damage to be reported to the carrier within five (5) business days of delivery. Anything more may result in the carrier declining the claim.
Within the USA, the time limit for filing a claim for damage must be within 9 months of delivery. Claims that are not filed within this time, is considered to be legally expired and will be declined. Carriers have 30 days to acknowledge your claim and have to respond within 120 days. A claimant generally has a duty to mitigate damages under the Carmack amendment and common law principles.
Filing the Claim with Appropriate Carrier
As stated in the Carmack amendment, all carriers who receive, transport, or deliver the shipment are responsible for paying the claim. 49 U.S.C. § 14706 (a)(1). Crosstown Logistics LLC is willing to assist as a customer’s agent for the purpose of filing and prosecuting all claims against carriers for loss or damage to shipments.
Documents Needed
The original invoice or a clear photocopy that verifies that the amount of the claim doesn’t exceed the terms of the sale or value of the goods at destination and exclude any potential profit. The original invoice must disclose all discounts and allowances, if any.
Burdens Of Proof
The claimant is required to establish:
- The freight received by the carrier in good condition at origin.
- The freight was lost or damaged at delivery.
- The specific value amount of loss or damage.
A carrier’s claim defense to a claimant’s cause of action is limited to five (5) common law exceptions to liability:
- An act of God.
- An inherent nature or vice of the goods.
- An act of the shipper.
- An act of the public enemy.
- The authority of law.
If a Claim is Declined
Claimant should contact the carrier for any declined claims and include any additional information or evidence to support claim.