Cargo Claim how does it work

Discussion in 'Ask An Owner Operator' started by afterburn25, Oct 20, 2016.

  1. afterburn25

    afterburn25 Medium Load Member

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    in 4 years never had a cargo claim against me.

    I took a load from nestle in Pasadena TX to associated wholesale grocers in pearl river LA
    load was rejected cause they say load shifted in transit. they said it had to be re stacked somewhere before they could unload me after fighting all day they finally decided for me to return the product to Pasadena.
    So I negotiated a rate to return product. Even the broker couldn't understand what was wrong with the product and did make comments how load looked like it was poorly shrink wrapped.

    A dock worker at consignee also commented on Ozark saying they have been getting several loads a week that were shifted and said they needed to start using air bags.

    So I return the product they unload it sign my bills and I am on my way. Now looks like they filed a claim for damaged product $7500 I called the my contact with the brokerage company and he said he didn't even think there was $7500 worth of product on the truck. well there charging $5850 for damaged product and $1725 for the transport cost. the broker didn't make anything off this load it seems.

    The pictures below were taken at the consignee. They signed my bills and didn't list any product on bills that was damaged. According to their claim the alleged damaged product was donated. Which sure they will get a tax credit for. However i seriously doubt there was more then a few bottles damaged this was that cheap water with the very thin plastic im sorry but after all it was double stacked maybe they should load it as 1 layer not two.

    should I fight this can cargo claims be fought. I would think if there are damages they should have allowed me to come take pictures as they was unloading it off my truck. but they didn't.
    20160623_063305.jpg 20160623_063316.jpg 20160623_063324.jpg
     
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  3. gokiddogo

    gokiddogo Road Train Member

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    Wait a second. They essentially are going to want your insurance to buy this load after they donated it? Your insurance should laugh at them. I had someone try this a few years ago. Slow pay and I call and ask, apparently the receiver wants to put a claim for the beans delivered 3 weeks prior. I said well then, since I am buying them, I will be over to pick them up. In the end they paid me. They are trying to work you over good. Don't let it happen.
     
  4. gokiddogo

    gokiddogo Road Train Member

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    If you have to buy it, buy it for the 5800 or whatever, and you have enough water to survive the rapture. Or slowly sell it. This looks like insurance fraud to me.
     
  5. baha

    baha Road Train Member

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    They only can charge your co. for what it cost to make the product not what it will sell for retail.
     
  6. afterburn25

    afterburn25 Medium Load Member

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    Lafayette, LA
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    yes I was wondering about that can they also charge for the amount they spent on transportation costs cause I would think that wouldn't be covered under cargo could be wrong though.
     
  7. double yellow

    double yellow Road Train Member

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    Normally I'd just blame the driver, but it just so happens that I was at the Loves in Strafford, MO a few weeks ago and a guy in a reefer was giving away pallets of Ozark water because the stacks were leaning and had been rejected. So they may be cheaping out on shrink wrap, not alternating stacks like they should, etc
     
  8. HDFatboy

    HDFatboy Light Load Member

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    Fight it. There is nothing you could have done (strapping/securing) that would prevent it from leaning. This is on them.
     
    Terry270 Thanks this.
  9. afterburn25

    afterburn25 Medium Load Member

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    Lafayette, LA
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    i just called my insurance company and sent them everything I had including the 22 emails between me and the broker even broker saying they were being dumb and he could see no damage. they seemed kinda rattled when she say they already donated it cause it couldn't be sold. its gonna make it tough they told me they would normally have an adjuster go and see it but that cant happen if they gave it away. I agree if i have to buy product then tell me where to go pick it up. it was poorly shrink wrapped that in combination with not putting in air bags to tighten load up,the weak plastic bottles there using now and the bumpy roads were all contributing factors. The consignee did not reject the load cause of damage they just said needed to be re stacked. Which i thought was odd this was lumper service I thought re stacking was their job for an extra charge of coarse. nope that wasn't even an option. and it was capstone. they other issue is if there was any legitimate damage could have happened on the transit back after all if it was already leaning and send it another 400 miles back then its possible to have been in worse condition by the time i got back. that choice was also on them I was trying to get them to send me locally to have it re stacked and they was gonna do that but they took so long to make that decision that the place closed on us.

    If it was worse when i got back I had no way of knowing they never let me see it didn't put it on my signed bol and said nothing about damage now some 4 months later there filing a claim with no proof of any damage and products has long since been donated. so even if they get paid for this load they will come out ahead cause they also get a tax credit for the donation.
     
  10. passingthru69

    passingthru69 Road Train Member

    Sounds like you are getting bent over with not even a reach around on that issue.. Load shift. Try and get more proof from other haulers that this is an ongoing problem with that shipper.
    I would fight it and just about bet they restacked and shipped it out..
    Find out who they "gave" it too and follow it up..
     
  11. Terry270

    Terry270 Road Train Member

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    How is this even remotely the trucking company's fault with no touch freight? They are just trying to pull one over on you in case it works.

    I even had this same issue once and had to have a lumper restack the pallets and gave me the damaged bottles to "dispose of how I see fit". No big deal at all, saved receipts and the broker reimbursed us. And I got enough bottled water to last me 3 months
     
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