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The following information is designed to provide claimants with a general overview of the claims process in regard to commercial ground transport claims. Please review the information contained on this page and contact your designated claims administrator for more information.
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Before submitting a claim for investigation and processing a claimant should first review the bill of lading to determine that governing contractual limitation of liability. Common contractual coverage options include full replacement, depreciated value, full indemnity, and limited liability.
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. Under Carmack carriers and shippers may designate a declared value of the gods being transported and a governing limitation of liability. |
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1. Inspection: 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.
2. Document: 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 bill of lading or contact the carrier so an investigator and/or adjustor may be immediately assigned and dispatched to document the damage.
3. Provide Notice: 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 pound per article. |
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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.
For additional information contact your designated claims administrator at 1-866-755-0558. |
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