A possible claim

that looks like forklift damage to me maybe smashed into another pallet to hard or possibly an over zealous clamp truck operator

 

Of course. Probably a newish customer. I wouldn't hold this against the broker unless he deducts it. He probably won't because it won't hold up. Just threatening to file against his bond will probably get you paid. Brokers get their bonds filed against all the time, but you NEVER want those claims to stand up. I don't think anyone has successfully filed against my brokerages bond ever that I'm aware of.

It's not that bonds are so hard to get claims against, it's that good brokerages don't want that on their record so it gets resolved before it gets to that point. This situation you're in is a pretty routine SNAFU that will result in the customer short paying the broker and the broker paying you in full and being really irate with the customer. This is all as it should be. Part of why we (brokers) are an important part of the transportation process is that we function as a liver for the whole system. We filter out all the bad #### that gets done by both sides. We hold people accountable as much as we legally can, but at the end of the day sometimes we just have to take the punch. The broker should be thanking his lucky stars that this is how he found out this customer is an #######. This looks cheap compared to how bad it could have been.

EDIT: If it's a mega broker they probably won't take this lying down. Those guys get aggressive about collections, especially when they feel slighted lol. They will sell this debt to a collections agency and let their junkyard dogs collect for them.

 

I did have situations like these when the bottom layers of heavy boxes were squashed or distorted by the upper layers (by the law of gravity) and refused as damaged. The guys I worked for, were always telling me not worry about it, just take pictures and closeup pictures, and get out of there. A few times, I had to take the product to their office, and they shipped it back to the shipper or I disposed of it (most of the time). I know that for a few occasions they decided to pay out of their own pockets for small claims not to jeopardize their broker relationship and insurance but the fault was on the inadequate load securement rather (collapsed pallets etc.).

 

If it tips over because it wasn't secured properly and the driver got to inspect and brace the load before he left it's a legit claim that will stand up. Almost every claim I've ever had was tipped cargo. This is why you MUST get them to write it on the BOL if they don't let you on the dock to do your job. As a truck driver you are legally liable for the bracing of the load, but obviously they can't prevent you from doing your job and then blame you for the results.

Every time a load tips it's usually because some idiot on the dock screwed up. Unfortunately you're the last QC check on that load before it leaves so you're responsible. It has to be this way because it's pretty much impossible to figure out why the load tipped after the fact, and many of the reasons loads tip are about how and where you drive that truck. This part of your job is serious and important so give it the attention to detail that it deserves. It will save you a lot of headaches.

EDIT: Good customers won't charge you for stuff like crushed bins that collapsed under the weight of the load above them. Basically if the pallet is still standing up straight and there is destroyed product it's not the trucks fault. Obviously it's not so simple legally, but it's a good rule of thumb to follow.

 

so because of that $120 damage they did hold your payment. Seems that the bond filing does some magic every time you do it.

 

So if they sign you bill with full count no note of damage on Bol are you safe or can they go back and still file against you

 

Not that it happens often but yes, they can. Not sure for how long the statute of limitations is, but I would not be surprised if it is up to a year but with a clear BOL and nothing special noted on it such as "subject to count and inspection" or something like that the chances for them to succeed with a claim are next to none. Some receivers often and routinely put a stamp saying that. For example, I used to deliver produce to the Chicago Market, to a place that every time placed a stamp saying "received under protest" no matter how good of a shape the product was. I mean, this in itself makes you think you're dealing with potential swindlers.

I was advised once, that in case of shortages and damages, you (the driver) need to be present at the time of the actual notation and sign on the BOL that you agree with it. Especially, shortages of some valuable and expensive items should require both parties to be present during the truck unload and them both counting the offloaded cargo. Who does it though? This is way we should never underestimate sealing the trailer (especially with some real valuables) but then protecting the seal is another story. Never easy. Not meant to be easy.