Intent to claim

[Gord M]

I had a claim this morning from a freight broker. They have alread paid the invoice, and never mentioned a shortage until today. It was a dropped trailer with half a load which was my first pick up on an LTL from the US. What is the time-line for intents, and claims?

 

[searcher]

I had a claim this morning from a freight broker. They have alread paid the invoice, and never mentioned a shortage until today. It was a dropped trailer with half a load which was my first pick up on an LTL from the US. What is the time-line for intents, and claims?

From the USA it is 9 months to submit a claim for damages. If it was domestic it is 60 Days.

 

[MyTrucksMyRates]

Taken from my waybill-

"Notice of loss or damage must be given to the carrier at it's regional office, or it's head office within twenty-four (24) hours after such loss or damage becomes known, and in writing within thirty (30) days after the shipment is accepted by carrier."

"No liability for loss or damage will be accepted by the carrier unless written notice of such loss or damage is received within thirty days after the shipment is accepted by carrier."

Hope that helps.

 

[PackRat]

Hi Gord,

Was the delivery receipt / POD signed for short?

 

[xwestcarriers]

Claim Laws Ontario

http://www.canlii.org/on/laws/regu/2...716/whole.html

ONT REG 643/05

12. Notice of Claim

i. No carrier is liable for loss, damage or delay to any goods carried under the contract of carriage unless notice of the loss, damage or delay 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 the delivering carrier within 60 days after delivery of the goods or, in the case of failure to make delivery, within nine months after the date of shipment.



ii. The final statement of the claim must be filed within nine months after the date of shipment, together with a copy of the paid freight bill.

 

[Gord M]

The bill of lading was signed off as a dropped trailer "recieved subject to count and inspection" We picked our trailer up a couple of days later, but there wasn't any mention of a claim until two months after the trailer was picked up. The invoice was paid a month ago.

 

[PackRat]

After 2 months they are SOL. Without anything being signed for short or notifying you when the trailer was unloaded how do they know it's not been lost on their end? Or more specifically....after 2 months how can they pinpoint that it's YOUR loss? Especially on a dropped trailer. I would push this back on the client.

 

[Shakey]

The bill of lading was signed off as a dropped trailer "recieved subject to count and inspection" We picked our trailer up a couple of days later, but there wasn't any mention of a claim until two months after the trailer was picked up. The invoice was paid a month ago.

As per judgements that have been made in carriers favour "subject to count" means nothing. If you do not have anyone there to confirm or deny loss when it happens then they are SOL. When I was on the carrier side we would never drop without signature, how can you validate what happened and by whom???