Reefer load claims

Discussion in 'Ask An Owner Operator' started by tumarkg, Oct 22, 2019.

  1. tumarkg

    tumarkg Bobtail Member

    4
    1
    Nov 2, 2016
    0
    Hauled load for some broker frozen chicken , temperature was -10 F on rate con . Later on bills different 28F . Driver didn’t pay attention, load got rejected by receiver and broker sold product as salvage to different warehouse. After 7 month getting claim notification for $23,000 . What to do ?
    Brokers write with small letters on 2nd or 3 rd page rate con follow the bill of lading temperature to cover themselves later .
     
  2. wichris

    wichris Road Train Member

    1,930
    1,519
    Jan 17, 2011
    0
    Always go with temp on BOL's
     
    PE_Trans, KB3MMX and Mike250rs Thank this.
  3. Mike250rs

    Mike250rs Light Load Member

    193
    574
    Sep 24, 2019
    Raleigh, NC
    0
    +1 for going with temp on BOL. That is a signed contract. If temps are different, call broker/customer and have them send you a new rate con with correct temps and adjusted rate if necessary.

    Regarding your $23k claim, what did your insurance say about it when you notified them about it being rejected?
     
    PE_Trans and KB3MMX Thank this.
  4. SteveScott

    SteveScott Road Train Member

    2,495
    6,614
    Nov 10, 2015
    0
    Sounds like something your cargo insurance carrier should be dealing with. That's what you have them for. It's up to them to determine who pays, not you.
     
    PE_Trans Thanks this.
  5. bryan21384

    bryan21384 Road Train Member

    3,307
    4,429
    Sep 18, 2009
    The great state of TN
    0
    Verify, verify, verify!!!!!!! Double check with the shipper what's on BOL. They are the most privy to what the customer wants.
     
    PE_Trans Thanks this.
  6. PE_Trans

    PE_Trans Road Train Member

    Yup, BOL will trump rate con on reefer temp. I always call the broker when there’s a discrepancy, and it’s surprising how many loads I’ve booked have this discrepancy.

    I’d call my cargo insurance provider ASAP. That’s what insurance is for.

    If I had drivers I’d look into GPS reefer temp trackers to verify the set temp from my office. Some drivers don’t realize how important it is to check that the reefer temp, seal number, etc. match the BOL.
     
    bryan21384 Thanks this.
  7. tumarkg

    tumarkg Bobtail Member

    4
    1
    Nov 2, 2016
    0
     
  8. tumarkg

    tumarkg Bobtail Member

    4
    1
    Nov 2, 2016
    0
    Well your right . But broker rate has -10 F temperature. My point is broker and carrier should split claim for %50 each . Moreover broker sold the product as salvage and didn’t tell about it for how much . Getting this claim only after 7 month
     
  9. PE_Trans

    PE_Trans Road Train Member

    Wasn’t the broker notified once the driver was loaded? How about the daily check calls to the broker? I really don’t know legally if the BOL can be challenged by the rate con. Some things in the rate con are not even accurate such as the load weight, product, case count, shipper/receiver names and addresses, and FCFS hours. The few things that are certain are the negotiated rate and the appointment date/time. And sometimes one finds out that the “appointment time” in the rate con is not an appointment at all.

    I’ve learned from a mega carrier that the BOL is what is followed and not the “load assignment” on the Qualcomm/Omnitracs or in this case the rate con.
     
    Last edited: Oct 23, 2019
  10. TallJoe

    TallJoe Road Train Member

    3,367
    4,607
    Apr 12, 2016
    Chicagoland
    0
    The carrier is at fault here. An owner of a medium size fleet could consider paying it out of his own pocket. If this is a solo owner then paying this is more likely too much to even contemplate. A claim like that does not do any good at the time of a renewal but I don't see any other way around it.
     
    PE_Trans and olddog_newtricks Thank this.
  • Draft saved Draft deleted