Paralegal experienced in Transport Law

100% great advice.
loaders said:
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.
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100% great advice. If I had anything to add it would be to reiterate that you absolutely need to advocate for your customer and make sure they completely understand their rights and obligations.

If ever there was a time to bring up the subject of contingent cargo insurance, this would be a good time. If you are going to interline or broker freight, contingent cargo can be your best friend. In a case like this where you are being ghosted, your contingent cargo could cover, then subrogate to the carrier's insurance. This gives you standing in the case so it looks good on you from your customer's point of view. Your insurance company would deal directly with the carrier's insurer making that process a whole lot less painful. I'm certain @TRKINSURE would have considerably better insight.
 
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Michael Ludwig said:
100% great advice.

100% great advice. If I had anything to add it would be to reiterate that you absolutely need to advocate for your customer and make sure they completely understand their rights and obligations.

If ever there was a time to bring up the subject of contingent cargo insurance, this would be a good time. If you are going to interline or broker freight, contingent cargo can be your best friend. In a case like this where you are being ghosted, your contingent cargo could cover, then subrogate to the carrier's insurance. This gives you standing in the case so it looks good on you from your customer's point of view. Your insurance company would deal directly with the carrier's insurer making that process a whole lot less painful. I'm certain @TRKINSURE would have considerably better insight.
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In the past, I have submitted a third party claim to the carrier’s insurer. Usually with success. Although the less reputable “insurers” (MGA’s) (usually those that do the cargo for carriers in Facility), give us a hard time as we don’t have rights to the policy.
When I can demonstrate that attempts have been made to submit a claim to the carrier’s insurer, the contingent cargo provider will usually work to settle the claim. Then, as Michael states, surrogate against the responsible party.
However, the policy wordings on a contingent cargo policy required a statement of denial from the carrier’s insurer. So I might be getting around this due to my relationships.
 
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