Need file a claim/complaint

I spent a few decades in international trade, and this is a new one on me. The responsibility of the freight is transferred to the trucking company the moment they sign the bill of lading. It is the trucking company's responsibility to complete the delivery in good order to the shipping line, therefore the trucking company is responsible for the value of the cargo (although there may be limitations to how much value you can claim).

Your only recourse at this time is to sue the trucking company, and I'd consult with a lawyer that is familiar with shipping law right away to make sure the statue of limitations doesn't expire. I've had vaguely similar cases when LTL (or LCL) freight was lost in warehouses, or when freight was damaged in transit, or when freight was "delivered" to the wrong city or wrong country. Shipping and trucking companies are often notorious for dragging their feet when it comes to claims. You need to get a lawyer and sue as soon as possible.

 

You need to file a cargo claim against the trucking company with their insurance company.

 

I cant think of ANYTIME I go into ANY port and they don't verify either the seal or that its empty.......all ports do this and also check and note any damages to any container, inside and out if empty. And they note the seal on the container....all containers must be sealed or the port will put one on if loaded.

 

I would ask them to send you a copy of the signed BOL as proof of delivery if they want payment. This is something that a shipper would want from every load. It will help you collect from deadbeat receivers that don't want to or can't pay for your product.

Also contact your customer on the other end. Have them send a notarized statement saying they have not received your product.

These 2 pieces of paper will be a big help to your lawyer.

 

It's no way that load got into the port. Just saying. A container must be seal and rail billed if loaded. Seals checked before it can be dropped off. Unless it was rail billed as empty, then it'd just have to be empty and checked with nothing in it. Every time I pick up a load they always take pictures of the load, seal, container number, and sometimes me. So I know that load never made it to the port.. But if it did. The driver that picked up the "empty" wouldn't have gotten out with stuff in the trailer.

 

Yea that's right, I forgot about the rail billing, no way it made it in there loaded.

 

I've been thinking about this thread. I think in addition to getting a lawyer and suing I would also report this to the appropriate police agency. In this case I think it would have to do with Homeland Security.

The reason for reporting this as a case of theft is so they can follow up and see if there is a pattern of losing freight. It may be that either the truck driver, the trucking company, or certain clerks that are checking in containers are doing this on a regular basis. If so your report will help build a case.

Reporting this as a potential crime may also put additional pressure on the trucking company. All signs point to the trucking company or their driver being involved with at least negligence, if not theft.