Broker punishing me for their mistake

Discussion in 'Freight Broker Forum' started by sonnyca, Oct 30, 2023.

  1. wichris

    wichris Road Train Member

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    Fought a lot of claims, good luck when the BOL's state O. Driver has some culpability also when two different temps are noted. The BOL is the "legal" document.
     
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  3. Jubal Early Times

    Jubal Early Times Road Train Member

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    The RC is a “legal” document as well. I would tend to agree with you if he hadn’t requested confirmation of the temp. What was the product I wonder. Because 0 is frozen 34 is not.
     
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  4. wichris

    wichris Road Train Member

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    Re-phrase it. Only legal document under carmack.
     
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  5. wichris

    wichris Road Train Member

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    Had a couple of claims like this before, that e-mail means nothing in court against the BOL.
     
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  6. Jubal Early Times

    Jubal Early Times Road Train Member

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    I’ll have to take your word for it.
     
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  7. wichris

    wichris Road Train Member

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    Used to haul frozen (-10) import meat that the receiver wanted ran @ 40 so they could work it when it arrived. BOL's would say -10, receiver requests 40 and that shipper would not be responsible.
     
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  8. wichris

    wichris Road Train Member

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    Carmack defines claims if interstate.
     
  9. Jubal Early Times

    Jubal Early Times Road Train Member

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    I know what the carmack amendment is. I also know that it says if the carrier can prove they are not negligent they are not liable. Which I believe his paper trail does. I can only speculate the broker knows this. The brokers insurance will end up paying this claim. I also know that if they unload the truck on the other end without notifying the carrier’s insurance and they dispose of the product before the insurance can send an adjuster out the claim will be denied on the spot.
     
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  10. bryan21384

    bryan21384 Road Train Member

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    Does the rate con say 34? Maybe I missed that part but I don't recall where OP said that's what the rate con say. At the end of the day, I still think it's better to go by the bills because that tells the story for that load on that day. He follows the bills, we aren't even having the discussion. The receiver ain't gonna sign the the rate con upon delivery.
     
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  11. Jubal Early Times

    Jubal Early Times Road Train Member

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    But my experience is limited in freight claims. I believe I had two in 20 years and only one was produce. So… as I said before I’ll have to take your word for it.
     
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