You, or someone in your office, needs to set out a guideline, a to-do list if you will, on how to handle cargo claims. The entire process needs to be outlined, in plain english, so anyone can understand it. The regulation does a fairly good job of this itself.
That, along with a point person contact, is something that should be handed to each customer along with their contract. It needs to be discussed, and understood, at the beginning of a relationship. Let's face it, no one is in an understanding mood in the midst of a crisis.
I always ask a new customer if they understand how to deal with cargo claims. If they don't, I send them documentation on it, ask them to read it, then we schedule a follow up call so I know they understand.
On the other hand, if you're a carrier I expect you to already know, so I don't ask.
If you are a load broker, I will never ask. I keep that as an ace up my sleeve, just in case i need it some day. Here's why; most load brokers, especially the basement dwellers and fly-by-nighters, will insert themselves in the middle of something which they know nothing about and hang themselves.
** Perfect Example ** We dorked a load of bananas. Totally our fault. Froze the little bastards solid. Receiver, who knew what he was doing vis-a-vis claims, took the load, wrote frozen on the bill of lading, and disposed of the load. The load broker gets in the middle and says they are going to deduct the cost from my transportation invoice, and bill me for the balance. I said, no, pay the transportation invoice as is and have the shipper submit a claim. The load broker replied in the negative and insisted their way was how things were going to be done and that was the end of the conversation. Two weeks later I get an invoice for the balance. I did not pay it. For 9 months I put it off. Almost a year to the day of the loss the broker called and wanted to know where the money was for the balance of the load. I told him I was not paying and furthermore I have no intention of paying it, and went on to explain why. First, they had let 9 months pass without filing a proper claim. I am under no legal obligation at this point to consider a claim. Second, they did not pay my transportation invoice. I am under no legal obligation at this point to honor a claim. I was threatened with court action. I replied that I welcomed the opportunity, would happily trounce them in court, and most likely get my legal fees reimbursed for a frivolous lawsuit. Never heard any more about it. At the end of the day I had spent about $900.00 in raw transportation cost to settle a $75,000.00 claim.
The moral of the story is don't concern yourself with things that don't concern you. As a load broker, know your place when it comes to claims. You have no dog in the fight.
What you should do, as a load broker, is offer guidance and advice in seeing the claims process through to its conclusion. Just don't speak as the claimant, where you are not the actual claimant.
FWIW ... Professional brokers are way too smart to fall for what happened above.
It is written in the law that transportation invoices and cargo claims are two separate transactions. Once everyone comes to grips with that, the process becomes very simple to understand and navigate. It is also written in the law that there is a very specific, yet simple, procedure to follow to settle claims.
The heart of the claims process relies on this simple axiom; The carrier picked it up in good condition as per their signature on the bill of lading. The carrier delivered it broken as per the receiver;s note and signature on the bill of lading. The carrier must prove they did not break it.
As to your customers "they don't want to understand the complexity of the law", then I can only reply that they are neither fiscally responsible, or very bright. These are the same people that have an intense dislike, even hatred, for transportation companies. They view transportation as a necessary evil rather than an extension of their process.
As to your 4th paragraph, by paying the carrier's invoice in full, you have actually saved your customers' collective asses. They remain on very solid ground in taking the carrier to court, and winning, provided the mandated time limits have not expired. Remember, with one caveat, you, as a load broker, have no place in the middle of the claims process.
The caveat: If your [company] name is on the bill of lading as the carrier, you're the guy on the hook for the loss. However, because you interlined (in its broadest terms) the load with another carrier, you have the legal right to subrogate part, or all, of the claims expense.
Lastly, it is illegal to contra monies owed. The person holding back the monies owed has an unfair advantage over the person owed the money. The courts will always side with the underdog in these matters.
A word of caution ... while I like to believe I am knowledgeable in the claims process, I am not a lawyer. Conduct your own due diligence, and summon your own professional advice.