Damage Claims

If it's a interstate move, file on their bond.

 

Did the customer note not caused by driver on the paperwork?

I picked up a load of seed from a shipper in Arkansas. I had barely docked and set the brakes when two young arkansas farm boys on fork lifts began slamming pallets in hard, and I mean hard.

When I got to the customer, sure enough one of the pallets had jumped another hard and ripped open two of the bags.

I told the dock manager that the guys loading them were apparently in a hurry and he said it was clear it was done while loading so he wrote on the paperwork "not caused by driver". As far as I know we were paid as usual.

 

always and I mean always make it clear before leaving consignee. take pics take statements stating driver was not at fault or what ever the reason is.

 

Load inspection & pictures of damage @ shipper would have been perfect . " 48stater " had about the best idea !

 

You are in a contract issue now. What does your contract say? It should state that you are responsible for damage that was done while in your care. Dents with rust were most likely done before it was loaded so the shipper would be responsible to the receiver for any damages. Your contract appears to be with a broker. The broker does not have stating to withhold money from you as he is not a party to the transaction.

Sue the broker for non payment. Do not make mention of the damage because it is not relevant to what happen.

 

I'm not sure about the freight world, but in carhauling it is illegal to not pay the freight bill because of damages. It is two entirely separate transactions.

 

Agreed. Your contract (oral or written) is with the broker. You completed your part of the contract and delivered the goods in the same condition they were loaded in. The note about rust and the dates and times on the paperwork should be sufficient to show that it was loaded in that condition. The damage claim should be between the shipper and consignee. The broker owes you, not the shipper or consignee. You delivered as contracted. A demand letter and threat of collections (court) and specifically state in the demand letter to the broker that you will also seek all expenses associated with collection including but not limited to lost business revenue for having to stop to attend to collection. Most folks remember attorney and legal fees but a single truck OO that has to stop running to engage collection and make a court appearance etc would most likely be entitled to reasonable lost business revenue also.

As a business owner I think it would be a real good idea to invest say $500 - $1000 per year in an annual retainer fee to a really good attorney. In a case like this you would just call him with the names and contact info of all the players and he'd burn off a quick demand letter on his Law Firm's letterhead and most likely that'd be all it took. A LOT of them do that. They charge $X per year and it buys you certain services without additional charges. Collection efforts, traffic citations, disputes with all manner of things, initial representation in an accident (wanna change the tone of things at an accident scene? Have your attorney on the phone during the "working the scene" phase!).

Just a thought regarding due diligence and self protection through my "business eyes".