Rule 570-38-3-.17 - Claims for Overage, Loss, or Damage(1) A claim by a customer of a household goods carrier regulated under these Rules that said carrier charged in excess of the amount(s) authorized by these Rules or lost or damaged property of the customer must be submitted to the carrier in writing (print or electronic) no more than 90 days after delivery or - where the carrier failed to deliver such property - scheduled delivery. If a carrier represents to a customer that delivery is expected at a later date than originally scheduled, this 90-day period shall not commence until the later scheduled delivery date occurs.(2) A carrier of household goods shall handle to completion all claims for overcharge, loss, or damage in a reasonably timely manner and within 90 days of the filing of the claim with the carrier to the extent feasible. To the extent that a carrier is not able to handle to completion a claim for overcharge, loss, or damage within 90 days of the filing of the claim with the carrier, the carrier shall be required to provide a reasonable explanation as to the cause of the delay, and shall still be required to handle the claim to completion within a reasonable time under the circumstances.(3) For the purposes of this rule, "completion" means payment or refund of the claim to the claimant, notification to the claimant that the carrier has determined it does not own any amount to the claimant under the relevant law and/or agreement, return to value of any and all claimed lost or damaged property or damage either through replacement or repair, or any other method by which a claim is entirely addressed or the carrier notifies a claimant of the reason(s) why the complaint cannot or will not be entirely addressed.(4) Except to the extent prohibited by law, claims for loss or damage shall be paid by the carrier at fault and claims for overage shall be paid by the carrier which collected the overage.(5) Except as provided in paragraph (6) of this Rule, a carrier evaluating a claim for loss or damage shall inspect any and all reported damage and provide for repairs or compensation based on the level of liability selected and defined in the Addendum to Uniform Household Goods Bill of Lading (Shipper Declaration of Value) form. A customer filing a claim for loss or damage under this Rule shall give the carrier a reasonable opportunity to inspect any property alleged to be damaged or lost or else such customer shall not be entitled to full return to value in accordance with this Rule.(6) Except to the extent prohibited by law, a customer may make a claim for damage or loss to the customer's dwelling or the location comprising the point-of-origin or destination for services provided by a household goods carrier governed by these Rules. Such claims may include damage to or loss of items including but not limited to walls, floors, steps, ceilings, rails, doors, driveways, lawns, fences, patios, or garages. Such items are not required to be listed in the Shipper's Declaration of Value form in order for a carrier to be held responsible for loss or damage to said items. Transit-related damage to a customer's dwelling or surrounding area is not subject to or governed by the Shipper's Declaration of Value form, which is only intended to relate to a customer's household goods articles. If any such damage is determined to be transit related, the carrier shall repair or restore to original condition or otherwise make whole the claimant by compensation.(7) In no event shall the carrier's liability for lost or damaged property under this Rule exceed the cost of repairing or replacing the property lost or damaged with material of like kind and quality not exceeding the actual cash value of the property at the time and place of loss, nor shall the carrier's liability exceed the values established in accordance with Rule 570-38-3-.10.(8) No carrier subject to regulation under this Subchapter shall collect or require a shipper to pay any charges relating to lost or damaged goods or articles when a shipment is completely or totally lost or destroyed in transit, provided however that the carrier shall be entitled to collect and the customer shall be required to pay any specific valuation charges that are due to the carrier for such shipment. This paragraph shall not apply to the extent that any such loss or destruction is due to the act or omission of the customer.(9) Except to the extent otherwise required by law, in no event shall a carrier be liable for: (a) Loss or damage to any property occurring after the property has been delivered to or received by the customer or the customer's agent;(b) Loss or damage to any property occurring before the property has been handled or loaded by the carrier;(c) Articles of extraordinary value including, but not limited to, documents, currency, money, jewelry, watches, precious stones, accounts, bills, deeds, evidences of debt, securities, notes, collectibles, articles of peculiarly inherent value, precious metals or articles manufactured therefrom, or any article with a value in excess of $100.00 per pound, except to the extent that such items are specifically listed in the bill of lading;(d) Damage or loss to articles that were packed and/or prepared by the customer or the customer's agent to the extent the damage was caused by the negligence of the customer or the customer's agent in packing and/or preparing such articles for transportation; or(e) The quality of products furnished, services performed, or damages to property or premises as a result of engaging any third person or persons in accordance with Rule 570-38-3-.05(10).(f) Constructive damage to household goods articles that comprise part of a "matched set" of articles that did not actually receive damage. Except to the extent otherwise required by law, in instances in which a carrier is liable for one or more articles comprising a matched set or group of articles, the carrier shall only be liable for repair, compensation, or replacement of the lost or damaged article(s) and shall not be liable for repair, compensation, or replacement of the entire set or group of articles.Ga. Comp. R. & Regs. R. 570-38-3-.17
O.C.G.A. §§ 40-1-54; 40-1-127.
Original Rule entitled "Claims for Overage, Loss, or Damage" adopted. F. Apr. 21, 2020; eff. May 11, 2020.