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Paralegal experienced in Transport Law
- Thread starter Fattyfirst
- Start date
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Reach out to Scam Chaser on this site. He has years of transportation para legal work. Knowledgeable, professional and cost effective. Highly recommended.
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You can pay the actual carrier, but you can't control if the broker will assign the account for collections. What I would do is pay the carrier their fee and then pay the difference (profit) to the broker. Chances would be much slimmer that collections are involved if the broker makes the profit that they intended.
I disagree 100%, it is stated in our load confirmations that "Double Brokering is not permitted and will result in non-payment". If we can prove the actual carrier that hauled the load, we pay them directly and will take our chances in court if the Double Brokering carrier would like to try.
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I was speaking to Mike's situation. I didn't have context as in double brokering clause that results in non-payment. Obviously, if the broker signed acknowledging that there would be no payment due to double brokering, they would not be entitled to the profit portion.
Ensure you have the Load Tender that was provided by the DB carrier to the actual carrier.
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Don’t complicate or over think this type of situation. The carrier who has an original, legal Bill of Lading in their possession, with their name on it as the carrier who hauled the freight, is entitled to compensation. If you entered into an agreement ( load tender, load confirmation, etc.) with carrier A and they, for whatever reason decided to sell that load to carrier B, then carrier A has surrender their right to payment, they didn’t do what you hired them to do, someone else did. Presumably, you caught this malfeasance before payment was made to the fraudulent carrier. If you didn’t and paid the double broker as per your agreement, the situation can get complicated and expensive.
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Your best approach would be to contact the insurance company yourself to ensure they have received the Intent to Claim form you submitted to the carrier. You also want to know if an adjuster has been assigned to this claim and if so, their name and contact information. The claim itself will be between the carrier and the owner of the goods. If you are the freight broker, you will have no legal standing in the resolution of the claim. However, you can, and should, act as an advocate for your customer to ensure their interests are being protected. A few carriers respond to freight claims by sticking their heads in the sand and hoping the whole thing will somehow disappear. It is up to you to make sure that doesn’t happen. If the delay drags on, contact your insurance provider and solicit their assistance. Provide them with all the details and see what help they can provide.
Shakey
Site Supporter
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There is some good information here about claims that @Michael Ludwig has shared over the years. If you look at his posts, you will find some excellent information on handling and timelines.