Broker punishing me for their mistake

Of course, if there's any question the simple solution is to communicate. I don't understand why anyone would even think to move their truck with a nagging question as important as this? I mean what were they thinking?? The load is ruined, probably costs several tens of thousands of dollars and it could have easily been avoided.

But in a dispute the temp on the BOL trumps everything. Like I said in an earlier posts I've lost count of how many loads I booked from a broker that the actual set temperature was way different from what was on the rate con said it was supposed to be. And I never once lost a load because of it.

The first thing I did in those situations was check with the shipping office personnel to be double sure on that end. Then my next call was always to the broker to let them know about the discrepancy and what the shipper is saying to set the temp at.

At that point the only words I have ever heard come out of any brokers mouth in this situation was, "go by what's on the BOL". I'm surprised OP's broker didn't say that. That would be the normal response from a broker. Maybe his broker was new and not familiar with reefers or some such? But honestly common sense tells you defer to the shipper/BOL in a situation like this anyway.

 

So just turn the question around instead of answering it, eh? I asked if you believe that no shipper has ever sued a carrier. And yes, I meant a carrier hired by a broker. I'm not going to go searching through case law. I'm asking what you believe.

 

So you don’t know of a case? You brought this up not me. I assumed since you did bring it up you knew of a specific case. I guess I should’ve of known that it was a bs argument for the sake of arguing.

 

And according to transportation law they can not withhold payment because of a claim. Doesn’t mean they won’t try, but it’s not legal. I really dislike TQL.

 

Agreed. When in doubt, ask shipper. Never hurts to mark bills and get signatures while there as well. Just a simple note and a signature from shipping clerk on bottom of bill can relieve stress.

I know some places will have multiple temps listed and they'll circle correct one per product. I always like to have them write it out explicitly to the side.

 

We’ve certainly ran this topic into the ground. I may be wrong, IDk. I haven’t pulled a reefer in a long time so I really don’t have any first hand knowledge. Especially relevant to a freight claim of this nature. I hope the OP let’s us know how it plays out.

 

No it's not legal. But they do it and many other brokers do as well. They know full well that most carriers don't have the time or money to take them to court over it and no-one ever does. So it continues. That's just how it is. Doesn't make it right but that's what OP can expect.

And the broker, knowing they're going to withhold payment, will hook the carrier like a fish saying sure I'll pay you your rate to take it back to the shipper. So the carrier thinks they've won and happily goes down the highway.

How much fuel will this guy buy criss crossing the country not to mention his lost time? Can he afford to wait however many months this claim might take to settle for his money? That's assuming he won't be held responsible for the load, which is very wishful thinking. By the time that happens he may be bankrupt and long gone or will file bankruptcy as soon as someone sends him a bill for this lost load. That's how this story usually ends.

 

I’d just say ok. Keep the money. It’s cheaper than buying a load of strawberries. I think most guys don’t know that it’s illegal. That’s how they get away with it. But that goes back to load boards making it too easy for ill prepared guys to operate. And that’s a can of worms I don’t wish to open with you again.

 

The fact that people know or dont know that it's illegal isn't why they get away with it. Most people don't have or can't afford legal counsel to fight it even if they do know. They prey on that.

So if you said fine, just keep the load payment, then later on you'd end up with a judgement against you so you'd have to pay for the strawberries assuming you were in OP's shoes and did what he did.

And this headache could've been avoided just as easy as the load was to book.

 

I don’t guess I understand what your second paragraph is saying. If they keep the load payment they can’t put a judgment against you.