Okla. Admin. Code § 165:30-13-36

Current through Vol. 41, No. 19, June 17, 2024

Section 165:30-13-36 - Loss, damage and concealed claims

(a) Every motor carrier of household goods shall be liable for all loss, damage or injury it causes to goods or property while the same is being carried by it.

(b) A written claim shall be submitted to the household goods carrier and shall contain:

(1) Tender of any agreed upon freight charges.

(2) Facts sufficient to identify the shipment(s) of property involved.

(3) A copy of the bill of lading.

(4) Assertion of liability for alleged loss, damage, injury or delay.

(5) A claim for the payment of a specific or determinable amount of money.

(6) The basis for the amount of the claim, such as the date the article was purchased, original cost, actual cash value at the time of loss or damage, a repair estimate, etc.

(7) When the loss of an entire package or shipment is involved, the consignee will provide a written certified statement the property has not been received from any other source.

(c) A claim shall be filed within nine (9) months after delivery to consignee, or in the case of failure to make delivery, then within nine (9) months after a reasonable time for delivery has elapsed, except as provided for in (h) of this Section.

(d) A lawsuit shall be instituted against the household goods carrier within five (5) years from the date a notice is received by the claimant that the claim was denied or any portion of said claim was disallowed by the carrier.

(e) Every motor carrier of household goods, upon receipt of a claim in writing for loss of or damage to cargo during transportation, some portion of which was performed by that carrier, regardless of the form in which the claim is presented, shall:

(1) Acknowledge receipt of the claim in writing within thirty (30) days after receipt thereof by the household goods carrier.

(2) Commence an investigation in good faith to determine whether the carrier acknowledges or denies liability for the loss or damage.

(3) Either pay the claim in full, or as agreed to by mutual compromise, or deny liability for loss or damage in writing within ninety (90) days after receipt of the original claim by the carrier. Such action shall not be withheld or postponed pending receipt of payment or acknowledgment of liability from connecting carriers.

(f) Acknowledgment of liability shall be accompanied by payment in full of the value of property lost or damaged except where subject to released value. When a shipper, in the event of loss or damage and without prior approval from the consignee, elects to release a shipment at a value less than the full value of the property shipped, said shipper will indemnify to the consignee the difference between the released value and the full value of the property shipped.

(g) Where intrastate shipments are received by the carrier of household goods from the shipper in apparent good order and with no exceptions noted on the bill of lading, and delivered by the carrier with written exceptions covering loss or damage thereto, the carrier shall have the burden of proof to establish nonliability for such loss or damage. Terms and conditions of the bill of lading contract referring to excepted causes shall remain applicable.

(h) Where intrastate shipments are received by the carrier of household goods from the shipper in apparent good order and with no exceptions noted on the bill of lading, and delivered by the carrier in the same manner with no exceptions noted, such concealed loss or damage claims must be submitted to the carrier by the shipper. Inspections covering loss or damage found after delivery must be requested to the delivering carrier in writing within fifteen (15) days after the delivery of the shipment involved. If more than fifteen (15) days have passed it is incumbent upon the consignee to offer reasonable evidence to the carrier or a representative of the carrier that loss or damage was not incurred by the consignee after delivery by the carrier.

(i) Every motor carrier of household goods shall maintain a separate numbered file on each claim for loss or damage, and shall keep in the file all documents, acknowledgments, instruments, correspondence, memoranda and other writings relating to the claim. Claim files shall be available at all times for inspection by Commission personnel and shall be retained for two (2) years after final disposition.

(j) If a carrier fails to process loss or damage claims as provided herein, or if it fails to express declinations of the claims in writing with proof of nonliability, the carrier may be found in contempt by the Commission after proper notice and hearing. Failure to pay any fine or otherwise resolve the complaint may result in a hearing by the Commission to determine if the operating authority of the carrier shall be revoked.

(k) Whenever property transported by a household goods carrier is damaged, or alleged to be damaged, and is as a consequence thereof not delivered or is rejected or refused upon tender thereof to the owner, consignee or person entitled to receive such property, the household goods carrier shall, after giving due notice to the owner and other parties that may have an interest therein and unless advised to the contrary after giving such notice, will undertake to sell or dispose of such property directly or by the employment of a competent salvage agent.

(1) The household goods carrier will dispose of the property in a manner that will fairly and equally protect the best interests of all persons having an interest therein.

(2) The household goods carrier will make an itemized record sufficient to identify the property involved so as to be able to correlate it to the shipment involved and claim, if any filed thereon.

(3) The household goods carrier will assign to each lot of such property a successive lot number and note that lot number on its record of shipment and claim, if any claim is filed thereon.

(4) Upon receipt of a claim on a shipment on which salvage has been processed in the manner required in this subsection, the household goods carrier will record in its claim file the lot number assigned, the amount of money recovered if any from the disposition of such property and the date of transmittal of such money to the person or persons lawfully entitled to receive the same.

(5) Whenever disposition of salvage material or goods shall be made directly to an agent or employee of a carrier or through a salvage agent or company in which the carrier or one or more of its directors, officers or managers has any interest, financial or otherwise, that carrier's salvage records shall fully reflect the particular of each such transaction or relationship, or both as the case may be.

Okla. Admin. Code § 165:30-13-36

Added at 12 Ok Reg 2077, eff 7-1-95; Amended at 27 Ok Reg 1773, eff 7-1-10