I own my authority and equipment, do my own dispatch and accounting. One of my drivers had a claim on raw chicken hauled in bulk from GA to IL. They charged us 500lbs of chicken plus cleanup. They send us after one month, 2 blurry pictures of one pallet leaning on side not perforated and a handwritten statement from receiver. They said that USDA condemned and destroyed the product but they don't have any USDA certificate or documentation. Do I have grounds to sue them in small claims court? Do I need a lawyer?
How to sue a broker for illegitimate claim?
Discussion in 'Freight Broker Forum' started by adreanis, May 8, 2013.
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Play hardball with them...give them the ball back and demand they show proof that 1) it was from your shipment 2) the usda document condemning the product 3) clear photographs with shipper consignee and shipment #s readable. and state in your letter...If these items are not received within 14 business days claim will be invalid. see if that works. what kind of dollar amount are they claiming anyway ?
donkeyshow72 and MoGooder Thank this. -
I write on any contracts that any claims must be made at the time of delivery in order to be valid. You need to protect yourself. Filing a claim after the fact, there is no way to know for sure that the damaged goods were on your truck or that there was even damage. Just because a pallet falls over, doesn't necessarily mean that it the fault of the driver or carrier, either. You can file on their bond or file in small claims court. It will be up to the broker to prove that there was actually a claim and that your driver was responsible.
VisionLogistics and Hardlyevr Thank this. -
Under FMCSA reg's they have nine months to file a claim. Regardless of what you put on a rate confirmation/broker package.
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j3411 Thanks this.
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Might read up on the Carmack amendment.
Last edited: May 8, 2013
VisionLogistics and BigBadBill Thank this. -
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Agree and amend
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