Question about 60-day freight claim rule

mtltrans

Member
5
We had a carrier pickup for us and deliver to our dock. They used a reefer. The product was palletized. The freight had shifted so badly that 11 skids had been damaged. The BOL was signed refused and the driver that delivered knew there was a problem. This was in July (July 13). We filed the claim Sept. 21st. because this is when the client claimed.

The carrier is saying that we were too late even though they knew about the issue and ought to have known a claim was coming because they were the connecting carrier. They said there is a limit of 60 days and also tried to skirt liability by claiming other things.

Is the carrier right?

Thanks
 

loaders

Site Supporter
30
Correct. 60 day time limit for partial damages and/or shortages. 9 month limit for lost in transit or total loss.
 

MarkD

Site Supporter
10
Correct. 60 day time limit for partial damages and/or shortages. 9 month limit for lost in transit or total loss.
If they issue an intent to claim how much extra time does that buy them to file said claim?
 

marylou

Active Member
10
Just my 2 cents but if there was damage on July 13th then the claim should have been done in the next few days. I hope the carrier, even though it was their fault was able to get the damaged product. Not sure but my customers sign that they have 7 days to file a claim if needed. I think that is enough time. I arrange some LTL for a customer to the usa and one location always signs the BOL clear and they 3 months later will bill my customer for a couple cases of damaged product. I think they damage it themselves while storing or retrieving from storage. I think a claim should be done asap as all the parties minds are fresh and they don't have to struggle to recall any pertinent info. Ok my rant is over lol
 

loaders

Site Supporter
30
An intent to claim must be filed in the 60 day time frame that starts on the day of delivery. Once the intent to claim is filed, the ball is in the carriers court to investigate the claim. It is in their best interests to either accept or deny the claim as expeditiously as possible. There is no time limit on settling the claim, however some carriers will include in their tariffs that the customer must submit all pertinent information within a certain time period or the claim will be denied. No one likes claims, the carrier, the shipper, or the broker if one is involved, but they are a part of our business. Instances of fraudulent claims are extremely rare, although almost every carrier seems to have one and likes to bring it up when discussing freight claims, especially when trying to deny liability.
 
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