Liability Claims

it’d be on the carrier that hit it, not the load broker.
If something wrong with load the. you deal with him.

 

If I understand the situation right. It’s between the carrier and customer.
The brokerage doesn’t want to give the idea that they are in any way responsible in case the claim is denied.
@JimmyTwoTimes

 

The carrier is responsible for the damage.

 

Just give all the carrier and their insurance info to your customer.

 

These are always a little bit tricky. By law your brokerage likely isn't liable for property damage caused by the driver (or even cargo damage) unless explicitly spelled out in the contract, and most contracts are going to focus on cargo claims, not property damage. Your corporate office doesn't want to get involved because they want to avoid a scenario where the carrier doesn't pay and your customer goes after you, and you end up paying out of pocket for a mistake a driver made.

My two cents: I'd call your customer, explain that while cargo claims are often filed by the brokerage against the carrier on behalf of shippers, typically in the event of property damage the shipper/receiver goes after the carrier and their insurance directly. Let the customer know you will send them all the carrier contact & insurance information, and if for some reason his team has problems recovering to reach out to you and you will run it up the flag pole to see how you and your team can help resolve the issue.

 

These guys get it.

 

The carrier,(MC) is responsible for cargo insurance period. If damage is not cargo related and strike is by trailer then it's liability falls on the trailer owner under it's liability policy. The grey area is when an owner operator leases the carriers trailer . By law, any carrier who leases a trailer to an owner operator must register and insure for liability and cargo. If owner operator ownes trailer then it's his responsibility. What is being practiced illegally without much complaints are more and more carriers are requiring leased owner ops to pay for very expensive cargo liability. These carriers usually pay a higher percentage in brokerage as a ploy to impress a new hire into thinking he's getting paid better than others. This is a bit misguided as the small amount of the extra percent load will not cover the premium for cargo which now is common for liability of 2 million. Bottom line. The motor carrier agrees to transport and insure for losses to cargo no matter who pulls it. The motor carrier can use whom ever they chose to haul it but are responsible for that load. A fed ex driver that hits a gate doesn't pay for the gate, FedEx does. The owner of a vehicle/trailer is liable.