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| The Carmack Amendment; 49 U.S.C. § 14706, Liability of carriers under receipts and bills of lading is applicable to a carrier providing
transportation or service subject to jurisdiction under subchapter II (motor carriers) or III (freight forwarders) of Chapter 135. General jurisdiction
provisions are contained in 49 U.S.C. § 13501, which grants the Secretary of Transportation and the Board jurisdiction over ``motor carriers.'' A
motor private carrier is one other than a ``motor carrier.'' |
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Make immediate inspection of each package before signing delivery receipt. Take proper exceptions on the delivery receipt in respect to all loss or
damage existing at the time of taking delivery. It is most important that exact exceptions be taken in writing on the delivery receipt as to the
conditions of the consignment and a copy of the delivery receipt must be retained for your claim file. Take photographs where applicable.
Contact a surveyor to assess the loss/damage immediately. The consignee should promptly notify a surveyor as soon as loss or damage is
discovered. The consignee should refer to the back of the original certificate or call the Insurance company for a surveyor in their area.
Verify that the seal numbers on marine containers match the document numbers. Also be alert when a seal is broken to the possibility that cargo
may have been pilfered. Retain all products and packing until you are advised otherwise by the Insurance Company.
Notify delivering carrier of any shipment damage immediately and have a representative come out to inspect and write a damage report. Write to
all carriers placing them on notice of claim. There are statutes of limitation to notify the carrier of loss, damage, or non-delivery. Retain all copies
of the shipping documents. Generally the following documents will be required to settle a claim: |
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Proof of Insurance: Declaration Form or Original Certificate |
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Commercial Invoices |
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Non-negotiable copy of bill of lading or air waybill (front and back) |
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Claim Statement (an itemization of loss/damage claimed). |
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Copy of letter(s) to carrier(s) giving notice of claim. |
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Carrier's reply(s) if any. |
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Delivery receipts with exceptions noted. |
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Photographs (when applicable). |
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Survey report (when applicable). |
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Packing List |
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Repair estimates (when applicable) |
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| Also, many carriers require that claimant use the "Standard Form". Always ask the carrier for a copy of their claim claims procedure manual,
tariff, and bill of lading. |
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| Liability limits "must be reasonable under the circumstances." A release value based on commodity classification / tariff such as the National
Motor Freight Carrier Tariff uses a mixture of "class," weight and value to determine a release rate. Some carriers have elected to use a set rate of
$0.60 per lb. |
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| Section 49 U.S.C. § 11707 also prohibits contractual limitations of time to give notice of claim to a period of less than nine months and to
commence an action against the carrier to a period less than two years from the date the carrier disallows a claim. It contains indemnity provisions concerning the right of a carrier held liable to recover from the carrier over whose line or route the loss or injury occurred, etc. |
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