Or. Admin. Code § 740-060-0070

Current through Register Vol. 63, No. 12, December 1, 2024

Section 740-060-0070 - Claims for Loss or Damage

(1) For a shipper to be compensated for loss or damage, a written claim must be filed with the carrier or carrier's agent within three months of the date of delivery.

(2) Acknowledgment of claims. Written claims for loss or damage to household goods must be acknowledged by the carrier in writing within 30 calendar days of the receipt of the claim. The carrier must record the date and time the claim was received.

(3) Handling by carrier. A carrier must pay, decline, or make a firm compromise settlement offer in writing to the shipper within 120 days from the date the claim was received. If the claim is not be resolved within 120 days from the date the claim was received, the carrier must inform the shipper and the Department of the reason in writing. Written communication with the shipper and the Department of reasons why the claim is not resolved must be provided each succeeding 60-day period while the claim remains unresolved.

(4) Register of loss and damage claims. Every carrier must maintain a freight claim register. The claim register must show each cargo loss and damage claim received, the claim number, date, and amount; the waybill or expense bill number and date; name of claimant; kind of commodity; date claim was paid; total amount paid; or date claim was disallowed and reasons; amount of salvage recovered, if any; amounts reimbursed by insurance companies, connecting carriers, or others, and the amount absorbed by the carriers. Claim registers and supporting documentation must be retained for three years.

Or. Admin. Code § 740-060-0070

PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); Renumbered from 860-039-0030; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-069-0030; MCT 3-1996, f. & cert. ef. 3-14-96; MCTD 5-2013, f. & cert. ef. 6-20-13

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232

Stats. Implemented: ORS 823.101, 823.103, 825.202