Polaris denies freight damage

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dee5276

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Jan 16, 2009
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We are a carrier as well as a broker, I gave Polaris a load to pick up and deliver, they took to their warehouse, it sat on dock for a few days, then went on another truck to be delivered. Upon delivery the shipper notices the packaging is torn, upon further investigation the freight is damaged, and the driver signs the BOL as such. The shipper puts in a claim with Polaris, but didn't notify me. After 2 months of dicking around, Polaris decides we - the broker - have to get involved. I do what they ask, after much more dicking around, today five months after the fact, Polaris says not our fault, prove it. We are looking at $3500.00 in damages to the freight. Am I the broker responsible for this, remember I wasn't notified until 2 months after. Any thoughts.
 
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We had them deliver into our facility, we could see the hole in the roof, the driver admitted to the hole and yet they deny deny deny. Some real arse with a bunch of letters behind his name got me so mad that I just hung up on him, we do not do any business with them at all and if we are ever bidding against them I will take the business from them. The thing that I do not understand is we gave them a lot of business at good rates and to screw up a relationship over a few hundred dollars is not the way to do business. They lost a lot more than we did.
 
dee5276 said:
We are a carrier as well as a broker, I gave Polaris a load to pick up and deliver, they took to their warehouse, it sat on dock for a few days, then went on another truck to be delivered. Upon delivery the shipper notices the packaging is torn, upon further investigation the freight is damaged, and the driver signs the BOL as such. The shipper puts in a claim with Polaris, but didn't notify me. After 2 months of dicking around, Polaris decides we - the broker - have to get involved. I do what they ask, after much more dicking around, today five months after the fact, Polaris says not our fault, prove it. We are looking at $3500.00 in damages to the freight. Am I the broker responsible for this, remember I wasn't notified until 2 months after. Any thoughts.
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The shipper put in a claim with Polaris directly...and Polaris denies fault. Where's your problem. Polaris has the right to deny fault based on the evidence available. By filing the claim with the carrier your shipper has to live with the decision of the carrier...I don't see any problem here for you..
 
There is a big difference between "denying freight damage" and denying liability for freight damage.
Our claims ratio is the lowest in the LTL industry because we investigate each and every one of them thoroughly and resolve the problem.
The resolution involves determining liability and paying legitimate claims without delay as well as denying claims when warranted.
If we are at fault, we go to the source of the problem and correct it. If we are not at fault because of improper packaging, loading etc., we suggest improvements to the shipper's processes so that future damages may be minimized regardless of the carrier that the shipper may use.
We've moved a few million shipments over the years and of course we've made mistakes.
I see every one of them personally and take responsibility for them all.
Perhaps DEE5276 would do me the courtesy of contacting me directly at larry@polaristransport.com or even better, call me at 800-409-2269 ext 1221 to discuss this.
I would then expect, of course, that DEE5276 would report the results back to this public forum.

Larry Cox
 
Polaris

Larry runs a fine operation and by his invite to review/discuss this with him directly, demonstrates his concern.

Polaris has repeatedly been recognized by the NTBA as the top LTL carrier, and they wouldn't be winning this award without superior service.

Too often, when a damage claim occurs, the carrier is always tagged as being the guilty party. I hope you can arrive at a satisfactory solution between your client and the carrier.

Remember also, as a broker, from an insurance standpoint, you have "no interest" in the goods legally, unless you pay your client for the damage claim, and in return, receive a written assignment of all rights in the damaged product.
 
Dee5276 - I dont think its fair that your posting because you/your customer didnt get your way. Every carrier has the right to deny a claim,your customer should have contacted you directly in order to manage the claim correctly, maybe they will learn from it. this site is not ment for slamming companies when your mad or dont get your way!
 
We work with Polaris on a daily basic and have always found them really good to work with. They always deliver on what they promise.
Over the many years of dealing with them we've had one claim with them and it was dealt with in a timely and fair manner.
 
I have to say that I'm quite surprised to hear this.

I've given freight to Polaris for years. Sure there have been hiccups along the way and nobody has a 100% on time damage free record. But whenever there has been an issue Larry, Dave and staff have always (in my mind) done whatever it takes to make it right.
 
What are the facts?

I too use Polaris almost every day. They've been great.

I can sympathise with both the carrier getting bogus claims and also as a broker getting the delay, delay, deny response to claims. If you're asking for advice from the forum, the facts surrounding the damaged bags are what is important.

1) Was the damage noted on the POD?
2) Was the shippers BOL clean?
3) Was the damage concealed in the skid, or on the outside?
4) Was the stretch wrap also damaged?
5) Do you have pictures of the damage?

Please let us know the facts. Basically, if it is picked up clean and delivered damaged, the carrier has strict liability REGARDLESS of fault to pay the claim, except:

1) Act of God
2) Act of public authority
3) Act of Queens enemies
4) Inherent vice in the goods
5) Acts or Defaults of the owner, shipper, carrier

It sounds like Polaris is asserting #5. In order for them to use this defense, they have to show the goods were "unfit for transport"

I would like to hear your side of the argument that the bags were packed in a manner fit for transport.

(PS - I know there are a whole bunch of technicalities that can excuse from claim like timining etc, but I'm not hearing this defense)
 
Linehaul Girl, please read my origianl post, I was stating the facts, my question was am I liable for the freight damage? And I will call Larry right now. I am not slamming anybody, it is what it is, no one from Polaris has ever looked into this, its been brush off from day one.
 
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I don't really see any slamming of Polaris in here at all, someone asking for our opinion here.
I think it's strange that your customer filed the claim with Polaris directly and then Polaris was the one who wanted to get you involved with the claim 2 months after...now 5 months tell your client to contact Polaris insurance. Your client should of contacted your right away to inform you of the damage.
As what exactly did the driver mark on the BOL?
 
Driver marked on BOL that there was damage. I called Larry today, he is looking into it further for me. He has made us an offer for the damage and now working with the customer.
 
Today we received payment in full from Polaris with respect to the damage that was caused to freight. I'd like to thank every one that gave me their opinion on my situation. I would also like to thank Larry for taking the time to reply and getting this all straightened out. Regards, Deanne Beals, Beals Transport Inc.
 
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