Have I not being saying this all along ... A Florida court bears me out !!!
Lessons from tipped beef: Florida court provides guidance on cargo claim issues. Read CCJ for the key takeaways.
That is absolutely incorrect, hence the reason "Payment of a freight bill and investigating a bona fide freight claim are two separate matters." ... your words, which are correct. There is no part of the contract of carriage, the Truck Transportation Act, or the Carmack Amendment that says the cargo must be delivered intact. All it says is that it must be delivered with due dispatch.but a delivery made that includes damaged freight, is not a completed delivery,
Great idea. Insurance companies talk on a whole different level than the rest of uswe also employ the services of our own insurer to help convince the carrier and/or their insurer to respond
I wouldn't say there a just a few. If I had to make a guess, I would say that probably 65% of all the carriers out there have no idea how to properly process a cargo claim. Of those that don't, they immediately get defensive when they are informed of a pending claim. The situation tends to go downhill from there.My point in all this is merely to complain about those few carriers who either don’t know proper claims procedure or simply don’t care.
Thanks! This is helpful!I do not believe so mtltrans. The return shipment is billed and then becomes part of the claims process. so for example. Outbound shipment is $100 (no wise cracks anyone!) and is damaged. Return shipment is $100. The party responsible for freight payment pays both invoices but then claims the return shipment as part of the claim. As well the shipment to replace the damaged product can also be part of the claim but this can be mitigated by the carrier depending on the value. IE is it cheaper to courier any damaged product? And again, the carrier has the right to do the return shipment to mitigate the loss. All charges are then submitted with the claim for damaged product EXCEPT the original outbound invoice. There are a few more members that will add to this I'm sure but I believe this should be accurate? but always look forward to more input!