Insurance claim caused by FDA/CBP!

O

ontime

Member
Jul 2, 2009
50
1
8
2
Anybody have any insights or experience with dealing with a damage claim that was caused by FDA/CPB. :confused:

Truck was inspected by FDA for 3 hours while it was raining. The gap between the trailer and the dock cause rain fall to accumulate on top of a skid on the tail. Damage boxes were clearly marked as FDA inspected. Broker/Receiver still want to claim. Any suggestions?
 
You're not liable

You're best arguement here is that the damage was caused by "an act of public authority" This is a valid excuse from claims liability. You were ordered to pull your truck in for inspection and had no choice but to comply.

Now you're shipper may argue that you should have reasonably seen that rain was leaking into the trailer during the inspections, etc, etc. Whether or not this is true is a mater of circumstance and if your driver was present on the trailer during the inspection. Anyway, I would try the "act of public authority" exemption.
 
I've had to use the act of public authority before when being "De Vanned". Customs cuts a customer seal off loads and re loads a shipment that our PO states "not to be transferred" and in doing so the customs whse stabs a skid with their forklift. :rolleyes:

It took a bit of convincing but with supporting documents you should be able to show the customer what happened.
 
As you guys know CBP officers are always "pissy" take no lip but love to administer it. Plus the driver was ordered to stay in his cab during the inspection and they sealed the trailer afterward and of course did not notify him of the damages. Ill try the "act of public authority" statement.

Thanks Guys.
 
You must log in or register to reply here.
Top Bottom