Insurance Claim Denied

[ccrider]

I can't get into the exact details but:

Some time ago we arrived to pick up a load at a freight dock to carry on to the end delivery. It was one box. The freight was a mess. The box was trashed, broken, and the shock sensors had been tripped. It was clear that what ever was inside this box would have some issues. I wondered what the truck it came off must have looked like!

My gut feeling was to walk away from this. After calling dispatch I was told that it was no big deal. Just note, load, and deliver, "it happens all the time". I noted the damage on the BOL, loaded and secured the mess, and completed the delivery.

I should have gone with my gut feeling. Even though I made note of the damage on receipt of the freight, and the claim against us was flatly denied, it looks like we, potentially, could still be dragged into the mess.

I was just wondering if anyone has had a similar situation and how they handled it. I now have a new rule about refusing to load anything like this again for sure.

 

[ATeam]

What carrier do you run with?

If the freight damage claim was denied, how is it that you may be "dragged into the mess?"

 

[moose]

OSD handling are a company policy ,and an important part of the Orientations and driver responsibility .
at many cases, the driver actions can have a huge effect on the outcome of a claim.
communicating ,reporting ,documentations ,and signing of a 3rd party (the shipper/receiver) as a witness ,are part of what a driver can do.
your dispatcher was correct to the point that it happened all the time .happened to me just yesterday ! (the O part).

 

[ccrider]

A letter from our carrier indicates that the claimant has up to two years to file suit. As this was a "high value" load, it seems to me that it is just as likely as not that everyone involved would get some exposure.

I hope I am wrong and this just goes away but two years is a long time.

 

[Bruno]

This why a picture can say a thousond words. We do a few things before we load and after we load to cover our rear end.

 

[greg334]

I'm assuming you carrier is FedEx, I think they are the only one who has a two year bs claim line on the BOL and there are a few who have been hit a year after the delivery with no real proof - it is a selling point for the carrier.

Get a lawyer if it is any substantial amount of money.

Then get another carrier - the carrier is not your friend on the subject of claims and you may be flagged.

When you are faced with damaged freight,

REFUSE IT
​

IF the carrier demands you take it, and you decide to do that, then TAKE LOTS OF PICTURES and take a few with people who loaded it. Put in big bold letters all over the BOL DAMAGED FREIGHT and have them initial each spot.

DO NOT LET THE SHIPPER SIGN THE PAPER WORK UNTIL YOU ARE SATISFIED WITH THE FREIGHT.

I had twice to deal with damaged freight at the shipper, both times were cases that the shipper refused to let me see it be loaded and both times it was a hassle to get it off the truck because I refused to take it. Also in both cases, the shipper insisted on signing the paper work before it was loaded.

 

[Moot]

CC, if you properly noted the damage on the BOL at the point you received it and had the shipper sign off on the exception you should have no problem. Proper documentation of damage will show the origin carrier responsible and all claims would be against that carrier, not the interline carrier.

Put in big bold letters all over the BOL DAMAGED FREIGHT and have them initial each spot.
[/QUOTE

Do not write DAMAGED FREIGHT all over the BOL!

The word "damaged" is too ambiguous. Be concise in describing OS&D problems. Use adjectives like; crushed, torn, punctured, scraped, leaking etc. Note any item, product or P.O. numbers. For shortages reference the packing list for exact items missing.

Write every exception on the BOL and packing list. Have the shipper sign and print their name near the exception notations and make copies.

 

[Scuba]

When this has happened i not only took pictures of the freight but made sure that I got a lot of the background in the picture to show it was like this on the shippers dock

 

[greg334]

Thank you Moot for that correction, I left out a few other things because of what's going on around me.

Thank you again.

 

[Moot]

Pictures are great. Make sure you also have written documentation of all damages.

 

[Moot]

Often when picking up at LTL terminals the carrier will only offer their delivery receipt for you to sign. I always ask for a copy of the original shipping order whether the freight is damaged or not. I have the consignee sign the carrier's D.R., my carrier's D.R. and the COSO!

Airfreight forwarders usually only supply a worthless copy of the airway bill. I like to make a copy of the packing list for the consignee to sign along with the AWB and my carrier's D.R.

I also carry blank generic BOL's. If I pick up damaged airfreight I fill out the BOL listing the forwarder as the shipper, note all exceptions and attempt to get somebody to sign it.

 

[ccrider]

Thanks to all for the input. We should have taken the photos. I did however detail the damage on the BOL and that just may keep all this away from us for good.

I can see that the photos would have been a better situation but even if we did get photos, we could still be in the same situation. I'm wondering if just saying no to damaged freight isn't the best policy.

 

[greg334]

I'm wondering if just saying no to damaged freight isn't the best policy.

That may be the best prevention of all.