A possible claim

Discussion in 'Ask An Owner Operator' started by DUNE-T, Feb 8, 2017.

  1. DUNE-T

    DUNE-T Road Train Member

    7,035
    17,115
    May 10, 2015
    Detroit, MI
    0
    Delivered a load to a DC, full truck of big boxes. Receiver refused few damaged small boxes, which were inside those big boxes.
    Broker has informed me, that their customer wants to file a claim against me. IMG_20170124_192112.jpg
    I tried explaining that there is no sensible way for a dry van driver to make a damage like this, broker's agent agrees with that, but they have to follow their policy.
    I assume this damaged product is worth couple hundred bucks at the most.
    I had delivered grocery products before, when few boxes were refused and that was never a problem with broker/shipper before. This kind of crap makes me want to never touch food loads again.
    Did anyone have to deal with a stupid situation like this?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Ristow

    Ristow Road Train Member

    1,314
    1,996
    Jun 28, 2014
    Fema Region 5
    0
    Was it a sealed load?
     
  4. wichris

    wichris Road Train Member

    4,469
    9,195
    Jan 17, 2011
    0
    Looks like a pallet leaned and smashed the boxes.
     
  5. DUNE-T

    DUNE-T Road Train Member

    7,035
    17,115
    May 10, 2015
    Detroit, MI
    0
    Yes, seal was intact
     
  6. DUNE-T

    DUNE-T Road Train Member

    7,035
    17,115
    May 10, 2015
    Detroit, MI
    0
    The funny thing is there was no space for pallets to lean, everything was super tight
     
  7. Volvo8873

    Volvo8873 Light Load Member

    239
    145
    Apr 27, 2016
    Western Wisconsin
    0
    It was a sealed load and they want to make a claim against you for that!? WOW...
     
  8. Ristow

    Ristow Road Train Member

    1,314
    1,996
    Jun 28, 2014
    Fema Region 5
    0
    They don have much of a leg on this. Were you allowed their dock while loading? If so it doesn't change much. If not they literally have nothing . Either way they loaded it and sealed it. Of course they'd love for anyone to pay for it. Don't volunteer.

    I've refused claims before. I'd refuse that one too.
     
  9. spyder7723

    spyder7723 Road Train Member

    15,471
    25,078
    Mar 31, 2013
    sarasota, fl
    0
    This is why you have insurance. Infirm them off the situation and give them chores of the pictures. They will deny the claim on grounds that it was caused by the way it was loaded.

    If the broker tries not to pay you over this, remind him that transportation law is very clear that freight charges can not be withheld over freight claims.
     
    Grubby, clausland, wore out and 4 others Thank this.
  10. boredsocial

    boredsocial Road Train Member

    1,591
    2,493
    Apr 13, 2014
    Louisville, KY
    0
    Yeah this is between the broker and his customer. This claim won't stick. The broker can talk until he's blue in the face, but unless you voluntarily pay it (which might actually be the right move if this is a regular route) you're not going to be liable.

    A lot of customers do this kind of thing. When I call someone 'claim happy' this is what I mean. I consider it to be a deal breaker and fire 100% of customers who pull this kind of crap. It just completely ruins the risk/reward of moving the customers freight.
     
  11. boredsocial

    boredsocial Road Train Member

    1,591
    2,493
    Apr 13, 2014
    Louisville, KY
    0
    I mean think about the implications of this claim. Something has gone slightly wrong because of a loading mistake and they are trying to claw back as much money from the truck as they can. What happens when something goes really wrong? Are they going to try to salvage the damaged product or are they just going to try to write it off at your expense?

    What is my profit margin on this account anyway? They are sticking random ######## charges on me that I'm not going to be able to collect from the truck. Even if I COULD collect it from the truck it would be just awful for my reputation. With this kind of customer it's impossible to know what they are actually paying you for transportation without first running a BUNCH of their freight. So the whole plan is to extend a lot of trust to a bunch of people who are doing something inherently untrustworthy? And hope that we get back what we send out? Maybe they'll let us keep a little for ourselves?

    I'm not some newbie desperately trying to find a toe hold on the cliff that is the industry that first year. I've got a ledge and I've built a ####### house on it. These kinds of customers aren't worth the stress.
     
    ramblingman, Nostalgic and DUNE-T Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.