X hits on this document

Word document

MOTOR FREIGHT RULES CIRCULAR - page 24 / 31

64 views

0 shares

0 downloads

0 comments

24 / 31

24

SECTION 5-

CLAIMS PROCESSING AND SALVAGE

Item 500

CARGO CLAIMS APPLICATION

The provisions of this Circular are filed in compliance with Federal Claim,

Loss and Damage Regulations (49 C.F.R. 370 and the STBOL) which shall

govern the investigation and disposition of claims for loss, damage, or delay

to property transported or accepted for transportation in interstate or foreign

commerce.

Item 510

FILING OF CLAIMS

(A) Claims in writing are required within six (6) months from the date of

delivery or a reasonable time during which delivery should have been

accomplished. A claim for loss, damage, injury or delay to cargo shall not be

voluntarily paid by carrier unless filed in writing, as provided in subparagraph

(b) of this Item with carrier within the specified time limits applicable thereto

and as otherwise may be required by law, the terms of the bills of lading or

other contract of carriage, and all rules circular provisions applicable thereto.

Claims for concealed damages will be submitted to carrier within forty-eight

(48) hours of delivery. Any suit to recover loss of damage or delay to cargo

must be instituted no later than two years and one day after the claim is

denied.

(B) Minimum filing requirements. A communication in writing from a

claimant, filed with carrier within the time limits specified in the bill of lading or

contract of carriage or applicable contract between carrier and shipper and

(1) containing facts sufficient to identify the shipment (or shipments) of

property involved; (2) asserting liability for alleged loss, damage, injury or

delay; and (3) making claims 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 contract of carriage

or applicable contract between carrier and shipper.

(C) Documents not constituting claims such as bad order reports, appraisal

reports of damage, notations of shortages or damage, or both, on freight bills,

delivery receipts, or other documents, or inspection reports issued by shipper

or its 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 subparagraph (b) above.

(D) Claims filed for uncertain amounts. Whenever a claim is presented

against carrier for an uncertain amount such as “$100 more or less,” carrier

shall determine the condition of the baggage or shipment involved at the time

of delivery by it, if it was delivered, and shall ascertain as nearly as possible

the extent, if any, of the loss or damage for which it may be responsible. It

shall not, however, voluntarily pay a claim under such circumstances unless

ISSUED: June 25, 2008 EFFECTIVE: September 25, 2008

ISSUED BY:

Transportation Consultants Inc.

1000 Edwards Avenue

Harahan, LA 70123

504.734.0561

Fax 504.734.7901

RULES CIRCULAR 100

Document info
Document views64
Page views64
Page last viewedSun Dec 04 23:05:36 UTC 2016
Pages31
Paragraphs1070
Words10034

Comments