BOL ACT AND TIMELINE TO REPORT A CLAIM
- Thread starter SNOOPY
- Start date
30
Long version: it depends.
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_050643_e.htm
Short version:
formal claim - 9 months
notice or intent should be made under 60 days though.
Keep well,
Mike
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_050643_e.htm
Short version:
formal claim - 9 months
notice or intent should be made under 60 days though.
Keep well,
Mike
30
File it. It's like all 'after the fact' things. If there is evidence pointing in one direction regarding damages and it's justified, the carrier will do the right thing. If it's a shipper who can't palletize freight for long haul transport then be prepared for it to end that way.
4 months seems kind of strange for damages to be 'noticed', especially if they were marked on the BOL at the time of delivery. no?
Keep well,
Mike
4 months seems kind of strange for damages to be 'noticed', especially if they were marked on the BOL at the time of delivery. no?
Keep well,
Mike
2
Typically claims for damage must be received by the carrier within 60 days after the delivery of the goods or property or, in the case of non-delivery of the entire shipment, within 9 months from the date of shipment. Most Canadian Bills of Lading outline limits of liability and depict clauses such as:
NOTICE OF CLAIM:
a) No carrier is liable for loss, damage or delay to any goods carried under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or delivering, carrier within sixty (60) days after the delivery of the goods or, in the case of failure
to make delivery, within nine (9) months from the date of shipment.
b) The final statement of the claim must be filed within nine (9) months from the date of shipment together with a copy of the paid freight bill.
NOTICE OF CLAIM:
a) No carrier is liable for loss, damage or delay to any goods carried under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or delivering, carrier within sixty (60) days after the delivery of the goods or, in the case of failure
to make delivery, within nine (9) months from the date of shipment.
b) The final statement of the claim must be filed within nine (9) months from the date of shipment together with a copy of the paid freight bill.
20
Is there a deadline the carrier has to abide by once a claim is filed to satisfy the claim? I have a claim pending with a carrier that is pretty cut and dry that they have been dragging on for over 6 months now.
30
Read the carrier terms and conditions either given to you or available on their website.
Somehow the number of 120 days comes to mind.
Keep well,
Mike
Somehow the number of 120 days comes to mind.
Keep well,
Mike
2
Canadian Law governing the "Disposition/Settlement" of a freight claim is somewhat muddled due to differences in governing factors (Federal or Provincial), and further complicated by deregulation that provided Carriers the ability to apply their own rules within their Contracts/Tariffs. General rule of thumb as outlined by Mike can be found in the USC 49CFR 370.9 and reads as follows:
§ 370.9Disposition of claims.
(a) Each carrier subject to 49 U.S.C. subtitle IV, part B which receives a written or electronically transmitted claim for loss or damage to baggage or for loss, damage, injury, or delay to property transported shall pay, decline, or make a firm compromise settlement offer in writing or electronically to the claimant within 120 days after receipt of the claim by the carrier; Provided, however, That, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding 60-day period while the claim remains pending, advise the claimant in writing or electronically of the status of the claim and the reason for the delay in making final disposition thereof and it shall retain a copy of such advice to the claimant in its claim file thereon.
§ 370.9Disposition of claims.
(a) Each carrier subject to 49 U.S.C. subtitle IV, part B which receives a written or electronically transmitted claim for loss or damage to baggage or for loss, damage, injury, or delay to property transported shall pay, decline, or make a firm compromise settlement offer in writing or electronically to the claimant within 120 days after receipt of the claim by the carrier; Provided, however, That, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding 60-day period while the claim remains pending, advise the claimant in writing or electronically of the status of the claim and the reason for the delay in making final disposition thereof and it shall retain a copy of such advice to the claimant in its claim file thereon.