Need help with a cargo claim

Discussion in 'Ask An Owner Operator' started by SimD, Aug 7, 2013.

  1. SimD

    SimD Light Load Member

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    Dec 23, 2012
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    Broker calls me after 3 days I delivered, saying I need to file a claim cause all of the load had shifted. When I Opened the doors and took my straps out and everything looked fine. I signed the BOL's (SLC). It was a warehouse house transfer The shipper and consignee doesn't let you be on the dock at all while loading and unloading. I asked the broker for pictures and she keeps saying ill send them to you when I get them and also she's saying the picture are just of the the product at consignee warehouse, they dont have any picture while it was on my trailer. Please Help guys, This was a Dry van load of Vitawater.
     
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  3. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

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    You don't initiate the claim, the broker does. They should know that. Something is fishy here. And a claim is initiated the moment the problem is found, not three days later. Call your agent, get them involved. Something is fishy here, to say the least.
     
  4. SimD

    SimD Light Load Member

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    Dec 23, 2012
    dallas, tx
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    Yea there is something fishy they had multiple loads that day from same place going to the same place the broker has their own trucks too. She kept pressuring me to call my insurance or else there going to get rid of the product and I will be responsible for it. The good thing is now I got the pictures and it not my trailer thank god.
     
  5. Saddletramp1200

    Saddletramp1200 Road Train Member

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    Houston Texas,USA
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    They tried that on me. It's the drivers dime till the freight is unloaded from the trailer. The stupid foreman & his Minions tried to say I had a load shift. No,no,no. His forklift driver hit pallets of dog food in their warehouse and it fell over. Might have worked but every time I open my doors before backing to the dock, I take a pic of the load. Date time stamp on the pic. Sorry, nice try. Oh don't say nothing, let management do their job.
     
  6. fortycalglock

    fortycalglock Road Train Member

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    Something to remember as well. If they are filing a claim on the product, the insurance company now owns said product, they can only dispose of it if the insurance company allows it and doesn't want to salvage it. Glad to hear it's not your trailer. I had a shady claim from one of my o/o. Unfortunately he did not fully tarp the product. Insurance denied the claim. They came after me for $2,500 or so iirc. Going through the broker, I told them I'd bring a check when I picked up my salvage. All of a sudden, everything changed and I (my o/o) ended up settling the claim for $500. if they hadn't had pics of his partially tarped load, they wouldn't have got a dime.
     
  7. skateboardman

    skateboardman Road Train Member

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    have you a a bill of lading that was signed off on clear??? if so he aint got a leg to sign on, if they signed that it was received in good order you aint got no problems


    and you know that little cell phone you got with the camera built in, use it junior, on every load. have yer own pictures
     
    Last edited: Aug 7, 2013
    EverLuc and cetanediesel Thank this.
  8. silver dollar

    silver dollar Medium Load Member

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    Jan 31, 2009
    Central North Carolina
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    The way this Vitawater is packaged, and they are stingy with the shrink wrap, you can sneeze and shift a pallet. I've never had a claim, but I've had to re-stack a few pallets though.:biggrin_25510:
     
  9. Crazy D

    Crazy D Medium Load Member

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    CALL YOUR INSURANCE COMAPNY. Involve them!!!! They are not gonna ding you because of this. Do yourself a favor because they have the lawyers!!!!! Do NOT try and handle this yourself. You are a small fish in a very very big pond. Insurance doesn't just pay out randomly. Especially with a signed BOL free and clear. You can take that to the bank. This is just a way for this broker to try and deduct from your settlement.
     
  10. RandomChick

    RandomChick Light Load Member

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    Aug 12, 2013
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    How does one handle a claim when a factoring company is involved and you've already been paid?
     
  11. gokiddogo

    gokiddogo Road Train Member

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    Ontario Canada
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    Factoring company will likely only give you your cash quickly IF you have clean, signed proof of delivery (BOL) paperwork. Any errors or omissions and it will throw a wrench into the whole thing. If this guy has a clean signed BOL, he should have nothing to worry about.
     
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