Cargo Claim

YYZRIDER

Active Member
10
We have a situation. FTL was delivered in March 2018 with clean bills, no damage nothing. now after 8 months, they are claiming there were some debris and metal shaving in the trailer so we are going to reject it or file a claim. So my question do they have right to claim after 8 months of receiving with the clear POD. are we still liable for it.
Thanks
 

MikeJr

Moderator
Staff member
30
You pay your insurance company to answer questions like this for you. Without 'all' the details many would say:
an intent must be filed within 60 days of delivery or no formal claim can be filed.
if an intent is filed for damages, a formal must be put forth within 9 months of incident.
the free and clear BOL that doesn't include subject to inspection or other remarks is a challenging tool in order for a claim to be successful.
How do you know nothing else has happened to the goods over the last 8 months? Where has the shipment been, has it travelled on other equipment since? Where has it been stored? etc.

In short, cause for a claim is a real challenge with no real tools to present indicating liability.

Keep well,
Mike

I'm not a claim specialist, comments above are simply from handling claims here for about 10 years. My opinion only.
 

YYZRIDER

Active Member
10
You pay your insurance company to answer questions like this for you. Without 'all' the details many would say:
an intent must be filed within 60 days of delivery or no formal claim can be filed.
if an intent is filed for damages, a formal must be put forth within 9 months of incident.
the free and clear BOL that doesn't include subject to inspection or other remarks is a challenging tool in order for a claim to be successful.
How do you know nothing else has happened to the goods over the last 8 months? Where has the shipment been, has it travelled on other equipment since? Where has it been stored? etc.

In short, cause for a claim is a real challenge with no real tools to present indicating liability.

Keep well,
Mike

I'm not a claim specialist, comments above are simply from handling claims here for about 10 years. My opinion only.
Thanks Mike. I dont have any idea what happened in the past 8 months to the freight may be they transported to somewhere or not . all we know that we delivered it with clean bills and now out of the blue they saying this.
 

loaders

Site Supporter
30
As Mike Jr said, ask them for all of the information they have available, B/L, photos, test results, whatever, and send it all to your insurance provider. Let them make the determination about the validity of the "claim". If this is a regular customer of yours, have you had a chance for a 'sit down" with upper management?
 

YYZRIDER

Active Member
10
As per email, they don't have any photos or test result I don't know on what basis they are saying this. I am going to ask more info on it. No, their email just came 2 days ago. but I wanted to clear that are we still liable after 8 months. I mean its a joke that we have to responsible for freight sitting in their warehouse after delivery. if there was a problem then just don't offload or report next day.
 

Henry

Active Member
10
I had a recent claim. I found that Old Republic was trying to negotiate with us, and didn't necessarily care about the true loss. In the end, they paid 98% of the claim.
 
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