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Cargo claim questions for those who have dealt with it.

Discussion in 'Ask An Owner Operator' started by zinita17601, Dec 12, 2022.

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  1. Dec 12, 2022 #1
    zinita17601

    zinita17601 Road Train Member

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    lancaster pa
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    So after 10 years as an independent i got my first cargo claim and i need some questions answered
    Customer claims that product was wet under the tarps and made a note on the bol,i was refused the right to inspect the damage and was kicked out the warehouse cause im a safety hazard(according to the warehouse supervisor)
    Three weeks i got a bill for damages now my questions are:
    Can i demand to examine the product?
    Can the customer keep the product or once the claim is paid i can have the product?
    Any help is appreciated
     
    zinita17601, Dec 12, 2022
    zinita17601, Dec 12, 2022
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  3. Dec 12, 2022 #2
    Broke_and_Hungry

    Broke_and_Hungry Light Load Member

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    Feb 26, 2008
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    Yes, and maybe. If paid by insurance, the insurance co get the product. If only being refurbished, the customer keeps the product.

    Start here.
     
    Broke_and_Hungry, Dec 12, 2022
    Broke_and_Hungry, Dec 12, 2022
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    BennysPennys Thanks this.
  4. Dec 12, 2022 #3
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    In my curious mind, I'm assuming customer is the consignee, right ? How is it the customer can see the damage under the tarps, but you the driver can't ? 99.9999% of flatbed deliveries, the truck driver removes the tarps, and in your case, you would be privvy to any damage. Also, what is the product ? It sounds like you had the consignee unload the product which was taken into the whse and they noticed damage but you weren't allowed to see it etc. I just got off the phone with Sherlock Holmes and that's his advice !
     
    Allow Me., Dec 12, 2022
    Allow Me., Dec 12, 2022
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  5. Dec 12, 2022 #4
    fortycalglock

    fortycalglock Road Train Member

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    You’re getting scammed. Is this a direct load or through a broker? A lot of brokers make you give up salvage rights in their contract these days, so that is the first step.
     
    fortycalglock, Dec 12, 2022
    fortycalglock, Dec 12, 2022
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  7. Dec 12, 2022 #5
    AsphaltFarmer

    AsphaltFarmer Medium Load Member

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    In the scenario when salvage rights are transferred in a contract, generally speaking who retains those salvage rights and is there a mechanism for soliciting FMCSA (I think they may be the governing body for this) to investigate the salvage process to ensure no bs?
     
    AsphaltFarmer, Dec 12, 2022
    AsphaltFarmer, Dec 12, 2022
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    BennysPennys and Bean Jr. Thank this.
  8. Dec 12, 2022 #6
    zinita17601

    zinita17601 Road Train Member

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    lancaster pa
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    Yes i removed the tarps myself,tarps were wet and to be fair i dont remember checking for water on the product,consignee unloaded the cardboard packaged metal sheets and while i was putting my gear away the supervisor put the bol on the driver seat without even asking.
    Got on my truck and found the notation on the bol product wet under tarp.
    When i tried to check the product for the damage and maybe take pictures i was asked to leave immediately and the reason was that im a safety hazard and cant be walking around.
    Is just felt suspicious and weird.
     
    zinita17601, Dec 12, 2022
    zinita17601, Dec 12, 2022
    #6
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  9. Dec 12, 2022 #7
    MrEd

    MrEd Road Train Member

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    Winfred, SD
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    If it felt suspicion and weird, it probably was. If the claim was legit, they'd want you to see it. "See what you did, driver!" If they put it in the warehouse with everything else, they are planning to use it. Just like they'll use everything else. And they'll make a little more money filing a claim on you. Follow others advice on your next step. But I'd certainly recommend taking a next step. Whatever that ends up being.
     
    MrEd, Dec 12, 2022
    MrEd, Dec 12, 2022
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  10. Dec 12, 2022 #8
    Siinman

    Siinman Road Train Member

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    Kansas City, MO.
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    Did you mark on bol that you could not inspect product before turning it in and have receivers sigh for proof
     
    Siinman, Dec 12, 2022
    Siinman, Dec 12, 2022
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    TallJoe, BennysPennys, Bean Jr. and 1 other person Thank this.
  11. Dec 12, 2022 #9
    zinita17601

    zinita17601 Road Train Member

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    Aug 19, 2010
    lancaster pa
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    zinita17601, Dec 12, 2022
    zinita17601, Dec 12, 2022
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  12. Dec 12, 2022 #10
    trucklounge

    trucklounge Bobtail Member

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    Dec 12, 2022
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    Make sure you send pictures and detailed explanation to your insurance so they can fight this.
     
    trucklounge, Dec 12, 2022
    trucklounge, Dec 12, 2022
    #10
    BennysPennys and Bean Jr. Thank this.
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