Ga. Comp. R. & Regs. 570-38-3-.10

Current through Rules and Regulations filed through December 24, 2024
Rule 570-38-3-.10 - Valuation of Household Goods
(1) No household goods carrier shall accept household goods for transportation unless the customer requesting transportation first:
(a) Agrees in writing to released value protection of the goods as provided for in subparagraph (2)(a) of this Rule; or
(b) Agrees in writing to full value protection and declares in writing the value of the goods as provided for in subparagraph (2)(b) of this Rule.
(2) During any transportation of household goods governed by this Chapter, the liability of any motor carrier of household goods for damage or loss to household goods shall be limited to either:
(a) Released value protection, which shall provide coverage at a rate of $0.60 per pound per damaged or lost household goods article; or
(b) Full value protection, which shall provide coverage based upon the current replacement value at the time of loss or damage to the household goods article, up to the dollar amount of valuation declared by the customer.
(3) Household goods carriers subject to this Chapter shall not charge any additional amount to customers for providing released value protection of the customer's household goods. Household goods carriers may subject customers who select full value protection to an additional charge or charges so long as such charge or charges do not exceed the rates provided in the Department's maximum rate tariff.
(4) Except where otherwise provided by law, a household goods carrier's liability shall only be limited under this Rule if the customer's selection of either released value protection or full value protection and, if full value protection is selected, the maximum dollar amount of the valuation declared by the customer, is entered on the "Addendum to Uniform Household Goods Bill of Lading," prior to the carrier's acceptance of the goods for shipping. Said addendum must be completed and signed in accordance with Rule 570-38-3-.11 in order to establish compliance with this paragraph.
(5) To the extent authorized by law, this Rule, when properly complied with, shall limit the liability of the transporting household goods carrier for damage to or loss of the customer's household goods regardless of whether the damage or loss was caused by the carrier's negligence and from any claims resulting from the performance or failure to perform by the carrier of any services, including accessorial services, which the carrier has contracted to perform for the customer. The transporting household goods carrier shall also be limited as provided by paragraph (9) of Rule 570-38-3-.17.
(6) A carrier that fails to comply with the requirements of paragraph (1) of this Rule prior to providing transportation or other services to a customer shall be deemed to have consented to full value protection of such customer's articles up to the amount of any damage or loss which occurs to such articles for which the carrier would otherwise be liable at no cost to the customer and without a deductible.

Ga. Comp. R. & Regs. R. 570-38-3-.10

O.C.G.A. § 40-1-54.

Original Rule entitled "Valuation of Household Goods" adopted. F. Apr. 21, 2020; eff. May 11, 2020.